EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1222*
HOUSE BILL 1222
E4 5lr2365
CF 5lr3498
By: Delegates Williams, Acevero, Allen, Amprey, Bagnall, Boafo, Boyce,
Charkoudian, Crutchfield, Cullison, Davis, Ebersole, Edelson, Embry, Fair,
Feldmark, Foley, Forbes, Fraser–Hidalgo, Harris, Hill, Ivey, A. Johnson,
D. Jones, Kaiser, Kaufman, Kerr, Lehman, R. Lewis, J. Long, Lopez,
Martinez, McCaskill, Mireku –North, Moon, Palakovich Carr, Pasteur,
Patterson, Pena–Melnyk, Phillips, Queen, Roberson, Ruff, Ruth, Shetty,
Simpson, Smith, Solomon, Spiegel, Stein, Stewart, Taveras, Taylor, Terrasa,
Valderrama, Vogel, Wells, White Holland, Wilkins, Wims, Wolek, Woods,
Woorman, and Young
Introduced and read first time: February 7, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2025
CHAPTER ______
AN ACT concerning 1
Public Safety – Immigration Enforcement 2
(Maryland Values Act) 3
FOR the purpose of requiring an employee or agent of a State or local correctional facility 4
and a law enforcement agent to detain provide certain notice of the release of a 5
certain individual and transfer the individual to federal immigration authorities 6
under certain circumstances; prohibiting the State, a unit of local government, a 7
county sheriff, or any agency, officer, employee, or agent of the State or a unit of local 8
government from entering into a certain immigration enforcement agreement; 9
requiring the termination of an existing immigration enforcement agreement on or 10
before a certain date; and generally relating to immigration enforcement. 11
BY adding to 12
Article – Correctional Services 13
Section 9–309 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2024 Supplement) 16 2 HOUSE BILL 1222
BY repealing and reenacting, with amendments, 1
Article – Criminal Procedure 2
Section 5–104 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2024 Supplement) 5
BY adding to 6
Article – Criminal Procedure 7
Section 5–104.1 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2024 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Correctional Services 13
9–309. 14
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(2) “COVERED INDIVIDUAL ” MEANS AN INDIVIDUAL WHO: 17
(I) IS NOT LAWFULLY PRES ENT IN THE UNITED STATES IS THE 18
SUBJECT OF AN ACTIVE IMMIGRATION DETAINER REQUEST; AND 19
(II) 1. HAS BEEN CONVICTED ON OR AFTER JUNE 1, 2025, 20
OF: 21
A. A CRIME OF VIOLENCE; 22
B. ANY FELONY; 23
C. USING A FIREARM IN T HE COMMISSION OF A C RIME OF 24
VIOLENCE UNDER § 4–204(B) OF THE CRIMINAL LAW ARTICLE; 25
D. DRIVING UNDER THE IN FLUENCE; OR 26
E. ENGAGING IN CRIMINAL ORGANIZATION ACTIVITY; OR 27
2. HAS BEEN ISSUED AN INTERPOL NOTICE FOR 28
CRIMINAL ORGANIZATIO N ACTIVITY. 29
HOUSE BILL 1222 3
(3) “CRIME OF VIOLENCE ” HAS THE MEANING STAT ED IN § 14–101 OF 1
THE CRIMINAL LAW ARTICLE. 2
(4) “CRIMINAL ORGANIZATION ” HAS THE MEANING STAT ED IN § 3
9–801 OF THE CRIMINAL LAW ARTICLE. 4
(5) “DRIVING UNDER THE INF LUENCE” HAS THE MEANING STAT ED IN 5
§ 21–902 OF THE TRANSPORTATION ARTICLE. 6
(6) “INTERPOL NOTICE” MEANS A REQUEST ISSU ED BY THE 7
INTERNATIONAL CRIMINAL POLICE ORGANIZATION FOR LAW ENFORCEMENT 8
WORLDWIDE TO LOCATE AND PROVISIONALLY AR REST A PERSON PENDIN G 9
EXTRADITION, SURRENDER , OR SIMILAR LEGAL ACT ION. 10
(B) IF REQUESTED BY FEDER AL IMMIGRATION AUTHO RITIES, AN 11
EMPLOYEE OR AGENT OF A STATE OR LOCAL CORREC TIONAL FACILITY SHAL L: 12
(1) DETAIN PROVIDE NOTICE OF TH E RELEASE OF A COVERED 13
INDIVIDUAL FOR UP TO WITHIN 48 HOURS BEFORE THE RELEASE O F THE COVERED 14
INDIVIDUAL IN ORDER TO FACILITA TE THE TRANSFER OF T HE INDIVIDUAL TO 15
FEDERAL IMMIGRATION AUTHORITIES; AND 16
(2) TRANSFER A COVERED I NDIVIDUAL TO FEDERAL IMMIGRATION 17
AUTHORITIES PROVIDED THAT THE TR ANSFER DOES NOT EXTE ND THE TIME IN 18
CUSTODY OF THE COVER ED INDIVIDUAL BEYOND THE INDIVIDUAL ’S SCHEDULED 19
RELEASE. 20
Article – Criminal Procedure 21
5–104. 22
(a) (1) In this section the following words have the meanings indicated. 23
(2) “Civil immigration violation” means a violation of federal civil 24
immigration law. 25
(3) “Family member” means a relative by blood, adoption, or marriage. 26
(4) “Household member” means a person who lives with another or is a 27
regular presence in the home of another. 28
(5) (i) “Law enforcement agent” means an individual who is certified by 29
the Maryland Police Training and Standards Commission under § 3–209 of the Public 30
Safety Article. 31
4 HOUSE BILL 1222
(ii) “Law enforcement agent” does not include an agent or employee 1
of a State correctional facility or a local correctional facility. 2
(6) “Local correctional facility” has the meaning stated in § 1–101 of the 3
Correctional Services Article. 4
(7) “State correctional facility” has the meaning stated in § 1–101 of the 5
Correctional Services Article. 6
(b) (1) In this subsection, “arrest” does not include a routine booking 7
procedure. 8
(2) Except as provided in paragraphs (3) [and], (4), AND (5) of this 9
subsection, a law enforcement agent may not, during the performance of regular police 10
functions: 11
(i) inquire about an individual’s citizenship, immigration status, or 12
place of birth during a stop, a search, or an arrest; 13
(ii) detain, or prolong the detention of, an individual: 14
1. for the purpose of investigating the individual’s 15
citizenship or immigration status; or 16
2. based on the suspicion that the individual has committed 17
a civil immigration violation; 18
(iii) transfer an individual to federal immigration authorities unless 19
required by federal law; or 20
(iv) coerce, intimidate, or threaten any individual based on the actual 21
or perceived citizenship or immigration status of the individual or: 22
1. the individual’s family member; 23
2. the individual’s household member; 24
3. the individual’s legal guardian; or 25
4. another individual for whom the individual is a legal 26
guardian. 27
(3) Nothing in this subsection shall prevent a law enforcement agent from 28
inquiring about any information that is material to a criminal investigation. 29
HOUSE BILL 1222 5
(4) If the citizenship or immigration status of an individual is relevant to a 1
protection accorded to the individual under State or federal law, or subject to a requirement 2
imposed by international treaty, a law enforcement agent may: 3
(i) notify the individual of the protection or requirement; and 4
(ii) provide the individual an opportunity to voluntarily disclose the 5
individual’s citizenship or immigration status for the purpose of receiving the protection or 6
complying with the requirement. 7
(5) (I) IN THIS PARAGRAPH , “COVERED INDIVIDUAL ” HAS THE 8
MEANING STATED IN § 9–309 OF THE CORRECTIONAL SERVICES ARTICLE. 9
(II) IF REQUESTED BY FEDERAL IMMIGRATION AUTHORITIES, A 10
LAW ENFORCEMENT AGEN T SHALL: 11
1. DETAIN PROVIDE NOTICE OF TH E RELEASE OF A 12
COVERED INDIVIDUAL FOR UP TO WITHIN 48 HOURS BEFORE THE RELEASE O F THE 13
COVERED INDIVIDUAL TO FACILITATE THE TR ANSFER OF THE INDIVI DUAL TO 14
FEDERAL IMMIGRATION AUTHORITIES; AND 15
2. TRANSFER A COVERED I NDIVIDUAL TO FEDERAL 16
IMMIGRATION AUTHORIT IES PROVIDED THAT THE TR ANSFER DOES NOT EXTE ND 17
THE TIME IN CUSTODY OF THE COVERED INDIV IDUAL BEYOND THE IND IVIDUAL’S 18
SCHEDULED RELEASE . 19
5–104.1. 20
(A) (1) IN THIS SECTION , “IMMIGRATION ENFORCEM ENT AGREEMENT ” 21
MEANS A CONTRACT , AN AGREEMENT , AN INTERGOVERNMENTAL SERVICE 22
AGREEMENT , OR A MEMORANDUM OF U NDERSTANDING WITH TH E FEDERAL 23
GOVERNMENT THAT AUTH ORIZES THE STATE, A UNIT OF LOCAL GOVE RNMENT, A 24
COUNTY SHERIFF, OR ANY AGENCY , OFFICER, EMPLOYEE, OR AGENT OF THE STATE 25
OR A UNIT OF LOCAL G OVERNMENT TO ENFORCE CIVIL IMMIGRATION LA W. 26
(2) “IMMIGRATION ENFORCEME NT AGREEMENT ” INCLUDES AN 27
AGREEMENT MADE IN AC CORDANCE WITH : 28
(I) 8 U.S.C. § 1103; 29
(II) 8 U.S.C. § 1357; OR 30
(III) ANY OTHER FEDERAL LA W. 31
6 HOUSE BILL 1222
(B) THE STATE, A UNIT OF LOCAL GOVE RNMENT, A COUNTY SHERIFF , OR 1
ANY AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE OR A UNIT OF LO CAL 2
GOVERNMENT MAY NOT E NTER INTO AN IMMIGRA TION ENFORCEMENT AGR EEMENT. 3
(C) THE STATE, A UNIT OF LOCAL GOVE RNMENT, A COUNTY SHERIFF , OR 4
ANY AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE OR A UNIT OF LO CAL 5
GOVERNMENT WITH AN E XISTING IMMIGRATION ENFORCEMENT AGREEMEN T SHALL 6
EXERCISE THE TERMINA TION PROVISION CONTA INED IN T HE IMMIGRATION 7
ENFORCEMENT AGREEMEN T NOT LATER THAN JULY 1, 2025. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 9
1, 2025. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.