EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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.
*hb0579*
HOUSE BILL 579
E2 5lr1947
CF SB 608
By: Delegates Embry , Solomon, Wilkins, Feldmark, Kaufman, R. Lewis,
Palakovich Carr, Pasteur, and Taveras Taveras, Moon, Phillips, Simmons,
and Stinnett
Introduced and read first time: January 23, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2025
CHAPTER ______
AN ACT concerning 1
Criminal Procedure – U Nonimmigrant Status Petitions and Immigration 2
Enforcement at Sensitive Locations 3
FOR the purpose of requiring federal law enforcement officers to notify certain individuals 4
of federal immigration action at certain sensitive locations; altering the 5
requirements for certification of a U Nonimmigrant Status Petition; altering the 6
individuals eligible to request a certain official to certify victim helpfulness on a 7
certain form relating to certification of a U Nonimmigrant Status Petition; altering 8
the time periods within which a certain certifying entity shall certify or decline a 9
certain form under certain circumstances; requiring a certifying entity to develop 10
protocols to assist certain petitioners to take certain actions; authorizing disclosure 11
of certain information under certain circumstances; requiring the Attorney General 12
to develop and publish certain guidance relating to federal immigration enforcement 13
actions at certain sensitive locations; authorizing the Attorney General to develop 14
and publish certain guidance for nonpublic facilities relating to federal immigration 15
enforcement actions at sensitive locations; and generally relating to U 16
Nonimmigrant Status petitions and immigration enforcement at sensitive locations. 17
BY repealing and reenacting, without amendments, 18
Article – Criminal Procedure 19
Section 2–104(a) 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2024 Supplement) 22 2 HOUSE BILL 579
BY repealing and reenacting, with amendments, 1
Article – Criminal Procedure 2
Section 2–104(c), 11–930, and 11–931 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2024 Supplement) 5
BY adding to 6
Article – Criminal Procedure 7
Section 11–932 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2024 Supplement) 10
BY adding to 11
Article – State Government 12
Section 6–111 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Criminal Procedure 18
2–104. 19
(a) In this section, “federal law enforcement officer” means an officer who may: 20
(1) make an arrest with or without a warrant for violations of the United 21
States Code; and 22
(2) carry firearms in the performance of the officer’s duties. 23
(c) (1) A federal law enforcement officer who acts under the authority granted 24
by this section shall notify the following persons of an investigation [or], AN enforcement 25
action, OR A FEDERAL IMMIGRA TION ENFORCEMENT ACT ION AT A SENSITIVE 26
LOCATION AS DEFINED IN § 6–111 OF THE STATE GOVERNMENT ARTICLE: 27
(i) 1. the chief of police, if any, or chief’s designee, when in a 28
municipal corporation; 29
2. the police commissioner or police commissioner’s designee, 30
when in Baltimore City; 31
3. the chief of police or chief’s designee, when in a county 32
with a county police department, except Baltimore City; 33
HOUSE BILL 579 3
4. the sheriff or sheriff’s designee, when in a county without 1
a county police department; 2
5. the Secretary of Natural Resources or Secretary’s 3
designee, when on property owned, leased, operated by, or under the control of the 4
Department of Natural Resources; or 5
6. the chief of police of the Maryland Transportation 6
Authority or chief’s designee, when on property owned, leased, operated by, or under the 7
control of the Maryland Transportation Authority, Maryland Aviation Administration, or 8
Maryland Port Administration; and 9
(ii) the Department of State Police barrack commander or 10
commander’s designee, unless there is an agreement otherwise with the Department of 11
State Police. 12
(2) When the federal law enforcement officer participates in a joint 13
investigation with officials from a State or local law enforcement unit, the federal law 14
enforcement officer shall give the notice required under paragraph (1) of this subsection 15
reasonably in advance. 16
11–930. 17
(a) In this part the following words have the meanings indicated. 18
(b) “Certifying entity” means: 19
(1) a State or local law enforcement agency; 20
(2) a State’s Attorney or deputy or assistant State’s Attorney; 21
(3) any other authority that has responsibility for the detection, 22
investigation, or prosecution of a qualifying crime or criminal activity; or 23
(4) an agency that has criminal, CIVIL, FAMILY, OR ADMINISTRATIVE 24
detection [or], investigative, OR PROSECUTORIAL jurisdiction in the agency’s respective 25
areas of expertise, including child protective services, ADULT PROTECTIVE SER VICES, the 26
Commission on Civil Rights, and the Maryland Department of Labor. 27
(c) “Certifying official” means: 28
(1) the head of a certifying entity; 29
(2) an individual in a supervisory role who has been specifically designated 30
by the head of a certifying entity to provide U Nonimmigrant Status certifications on behalf 31
of that entity; or 32
4 HOUSE BILL 579
(3) any other certifying official defined under Title 8, § 214.14(a)(3)(i) of the 1
Code of Federal Regulations. 2
(d) “FEDERAL U VISA NONIMMIGRANT STATUS PETITION GUIDELINES” 3
MEANS FEDERAL STATUT ES, REGULATIONS , POLICIES, PUBLICATIONS , GUIDANCE, 4
AND INSTRUCTIONS REL ATING TO U NONIMMIGRANT STATUS, INCLUDING 8 U.S.C. 5
§ 1101(A)(15)(U), 8 U.S.C. § 1184(O) § 1184(P), 8 U.S.C. § 1367, 72 FED. REG. 53014 6
(SEPT. 17, 2007), 8 C.F.R. § 214.14, 8 C.F.R. § 245.24, AND 8 U.S.C. § 1255(M)(1). 7
(E) “Qualifying crime” includes a criminal offense for which the nature and 8
elements of the offense are substantially similar to the criminal activity described in 9
subsection [(e)] (F) of this section and the attempt, conspiracy, or solicitation to commit the 10
offense. 11
[(e)] (F) “Qualifying criminal activity” means criminal activity under § 12
1101(a)(15)(U)(iii) of the United States Code OR THAT IS DESCRIBED IN FEDERAL U VISA 13
NONIMMIGRANT STATUS PETITION GUIDELINES. 14
11–931. 15
(a) (1) For purposes of filing a petition with the United States Citizenship and 16
Immigration Services for U Nonimmigrant Status, a victim or the victim’s parent, 17
guardian, [or] next friend, ATTORNEY, VICTIM ADVOCATE , OR OTHER 18
REPRESENTATIVE may request a certifying official of a certifying entity to certify victim 19
helpfulness on a Form I–918, Supplement B certification if the victim: 20
[(1)] (I) was a victim of a qualifying criminal activity and has been 21
helpful, IS BEING HELPFUL , OR IS LIKELY TO BE H ELPFUL [to the certifying entity] in 22
the detection, investigation, or prosecution, INCLUDING SENTENCING , of that qualifying 23
criminal activity; 24
[(2)] (II) was under the age of 16 years on the date that an act that 25
constitutes an element of qualifying criminal activity first occurred and the victim’s parent, 26
guardian, or next friend has been helpful to the certifying entity in the detection, 27
investigation, or prosecution, INCLUDING SENTENCING , of that qualifying criminal 28
activity; or 29
[(3)] (III) is incapacitated or incompetent and the victim’s parent, 30
guardian, or next friend has been helpful to the certifying entity in the detection, 31
investigation, or prosecution, INCLUDING SENTENCING , of that qualifying criminal 32
activity. 33
(2) (I) A VICTIM OF A QUALIFYI NG CRIME OR A QUALIF YING 34
CRIMINAL ACTIVITY IS ELIGIBLE FOR CERTIFI CATION. 35
HOUSE BILL 579 5
(II) IF A VICTIM IS APPLYI NG FOR CERTIFICATION AS A RESULT 1
OF BEING A VICTIM OF MORE THAN ONE QUALIF YING CRIME OR QUALIF YING 2
CRIMINAL ACTIVITY , EACH QUALIF YING CRIME AND QUALI FYING CRIMINAL 3
ACTIVITY SHALL BE LI STED ON THE CERTIFIC ATION. 4
(b) FOR PURPOSES OF DETER MINING HELPFULNESS F OR A REQUEST FOR 5
CERTIFICATION UNDER SUBSECTION (A) OF THIS SECTION , AN INDIVIDUAL SHALL 6
BE CONSIDERED HELPFU L IF, SINCE THE IN ITIATION OF HELPFULN ESS, THE 7
INDIVIDUAL HAS NOT U NREASONABLY REFUSED TO COOPERATE OR UNREASONABLY 8
FAILED TO PROVIDE IN FORMATION AND ASSIST ANCE REASONABLY REQU ESTED BY 9
A CERTIFYING ENTITY . 10
(C) For purposes of determining helpfulness under subsection (a) of this section, 11
if the victim or the victim’s parent, guardian, or next friend is assisting, has assisted, or is 12
likely to assist law enforcement authorities in the detection, investigation, or prosecution 13
of qualifying criminal activity, the victim or the victim’s parent, guardian, or next friend 14
shall be considered to be helpful, to have been helpful, or likely to be helpful. 15
[(c)] (D) If the victim or the victim’s parent, guardian, or next friend satisfies 16
the criteria specified under subsection (a) of this section, the certifying official shall fully 17
complete and sign the Form I–918, Supplement B certification and, with respect to victim 18
helpfulness, include: 19
(1) specific details about the nature of the crime DETECTED, investigated, 20
[or], prosecuted, OR SENTENCED ; 21
(2) a detailed description of the victim’s PAST OR PRESENT helpfulness or 22
likely helpfulness to the detection, investigation, or prosecution, INCLUDING 23
SENTENCING, of the criminal activity; and 24
(3) copies of any documents in the possession of the certifying official that 25
evince the harm endured by the victim due to the criminal activity. 26
[(d)] (E) (1) Except as provided in paragraph (2) of this subsection, the 27
certifying entity shall certify or decline certification of the Form I–918, Supplement B 28
certification within 90 30 days after receiving a request under subsection (a) of this section. 29
(2) If a noncitizen victim is the subject of removal, exclusion, or deportation 30
proceedings or subject to a final order of removal, exclusion, or deportation, the certifying 31
entity shall certify or decline certification of the Form I–918, Supplement B certification 32
within 14 7 days after receiving a request under subsection (a) of this section. 33
[(e)] (F) A current investigation, the filing of charges, a prosecution, or a 34
conviction is not required for a victim or the victim’s parent, guardian, [or] next friend, 35 6 HOUSE BILL 579
ATTORNEY, VICTIM ADVOCATE , OR OTHER REPRESENTAT IVE to request and obtain the 1
Form I–918, Supplement B certification under this section. 2
(G) THERE IS NO STATUTE O F LIMITATIONS FOR WH EN A QUALIFYING 3
CRIMINAL ACTIVITY OC CURRED RELATIVE TO T HE REQUEST FOR CERTI FICATION OF 4
VICTIM HELPFULNESS U NDER THIS SECTION . 5
(H) IF THE CERTIFYING OFF ICIAL CANNOT DETERMI NE WHETHER THE 6
APPLICANT IS A VICTI M OF A QUALIFYING CR IMINAL ACTIVITY OR D ETERMINES 7
THAT THE APPLICANT D OES NOT QUALIFY FOR CERTIFICATION , THE CERTIFYING 8
OFFICIAL SHALL PROVI DE A WRITTEN EXPLANA TION TO THE VICTIM O R THE 9
VICTIM’S PARENT, GUARDIAN, NEXT FRIEND , ATTORNEY, VICTIM ADVOCATE , OR 10
OTHER REPRESENTATIVE SETTING FORTH REASON S WHY THE AVAILABLE EVIDENCE 11
DOES NOT SUPPORT ISS UANCE OF THE CERTIFI CATION. 12
[(f)] (I) A certifying official may DENY OR withdraw the certification provided 13
under this section only [on refusal to provide information and assistance when reasonably 14
requested of: 15
(1) the victim; or 16
(2) the victim’s parent, guardian, or next friend if the victim was under the 17
age of 16 years on the date that an act that constitutes an element of qualifying criminal 18
activity first occurred or if the victim is incapacitated or incompetent] IF, AFTER 19
CONSIDERING THE TOTA LITY OF THE CIRCUMST ANCES, THE PERSON PROVIDING 20
THE HELPFULNESS UNDE R SUBSECTION (A) OF THIS SECTION UNRE ASONABLY 21
REFUSED TO COOPERATE OR UNREASONABLY FAILED TO PROVIDE IN FORMATION 22
OR ASSISTANCE REASON ABLY REQUESTED BY A CERTIFYING OFFICIAL . 23
(J) (1) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, A 24
CERTIFYING OFFICIAL ’S COMPLETION OF A CERT IFICATION FORM MAY N OT BE 25
CONSIDERED SUFFICIEN T EVIDENCE THAT AN A PPLICANT FOR A U OR A T VISA U 26
NONIMMIGRANT STATUS HAS MET ALL ELIGIBIL ITY REQUIREMENTS FOR THAT VISA 27
STATUS, AND COMPLETION OF A CERTIFICATION FORM B Y A CERTIFYING OFFI CIAL 28
MAY NOT BE CONSTRUED TO GUARANTEE THAT TH E VICTIM WILL RECEIV E 29
IMMIGRATION RELIEF U NDER FEDERAL LAW . 30
(2) COMPLETION OF A CERTI FICATION FORM BY A C ERTIFYING 31
OFFICIAL ONLY SERVES AS VERIFICATION OF T HE FACTUAL INFORMATI ON 32
RELEVANT FOR A FEDER AL IMMIGRATION OFFIC IAL TO DETERMINE ELI GIBILITY 33
FOR A U OR A T VISA U NONIMMIGRANT STATUS. 34
HOUSE BILL 579 7
(3) BY COMPLETING A CERTI FICATION FORM , THE CERTIFYING 1
OFFICIAL ATTESTS THA T THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF 2
THE CERTIFYING OFFIC IAL’S KNOWLEDGE . 3
(4) THIS SECTION DOES NOT LIMIT THE MANNER IN WHICH A 4
CERTIFYING OFFICIAL OR CERTIFYING AGENCY MAY: 5
(I) DESCRIBE WHETHER THE PERSO N HAS BEEN HELPFUL , IS 6
BEING HELPFUL , OR IS LIKELY TO BE H ELPFUL TO THE CERTIFYING EN TITY; OR 7
(II) PROVIDE ANY ADDITION AL INFORMATION THE C ERTIFYING 8
OFFICIAL OR CERTIFYI NG ENTITY BELIEVES M IGHT BE RELEVANT TO THE 9
ADJUDICATION OF A U OR A T VISA APPLICATION NONIMMIGRANT STATUS 10
PETITION. 11
(K) A CERTIFYING ENTITY SH ALL DEVELOP PROTOCOL S TO ASSIST 12
PETITIONERS WHO HAVE LIMITED ENGLISH PROFICIENCY T O PROCEED UNDER THIS 13
SECTION. 14
[(g) A certifying entity may disclose information relating to a victim who is seeking 15
or has obtained U Nonimmigrant Status only: 16
(1) in order to comply with federal law, court order, or a discovery 17
obligation in the prosecution of a criminal offense; or 18
(2) after adult petitioners for U Nonimmigrant Status or adult U 19
Nonimmigrant Status holders have provided written consent for the disclosure of the 20
information. 21
(h) (1) Except in cases of willful or wanton misconduct, a certifying entity or 22
certifying official who acts or fails to act in good faith in compliance with this section has 23
the immunity from liability described under § 5–643 of the Courts Article. 24
(2) A person who brings an action to seek enforcement of this section may 25
not be awarded attorney’s fees or costs unless the action demonstrates willful or wanton 26
misconduct by a certifying entity or certifying official.] 27
11–932. 28
(A) A CERTIFYING ENTITY OR A CERTIFYING OFFICIA L MAY DISCLOSE 29
INFORMATION RELATING TO A VICTIM WHO IS S EEKING CERTIFICATION , OR WHO IS 30
SEEKING OR HAS OBTAI NED U NONIMMIGRANT STATUS ONLY: 31
(1) TO COMPLY WITH FEDER AL LAW, A COURT ORDER , OR A 32
DISCOVERY OBLIGATION IN THE PROSECUTION O F A CRIMINAL OFFENSE ; OR 33 8 HOUSE BILL 579
(2) IF APPLICABLE , AFTER THE VICTIM HAS WAIVED 1
CONFIDENTIALITY PROT ECTIONS UNDER THE VIOLENCE AGAINST WOMEN ACT 2
UNDER 34 U.S.C. § 12291(B)(2). 3
(B) THIS SECTION MAY NOT BE CONSTRUED TO ALTE R OR DIMINISH THE 4
DUTIES AND REQUIREME NTS OF A LAW ENFORCE MENT OFFICER , A STATE’S 5
ATTORNEY, OR THE ATTORNEY GENERAL FROM DISCLOSI NG EXCULPATORY 6
INFORMATION TO A DEF ENDANT IN A CRIMINAL CASE . 7
Article – State Government 8
6–111. 9
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(2) “COLLATERAL IMMIGRATIO N ENFORCEMENT ” MEANS FEDERAL 12
IMMIGRATION ENFORCEM ENT ACTIONS THAT AFF ECT INDIVIDUALS WHO ARE NOT 13
THE PRIMARY TARGET O F THE ENFORCEMENT AC TION, BUT ARE PRESENT AT T HE 14
LOCATION OF THE ENFO RCEMENT ACTION . 15
(3) “IMMIGRATION ENFORCEME NT” MEANS FEDERAL IMMIGR ATION 16
ENFORCEME NT ACTIONS. 17
(4) “SENSITIVE LOCATION ” MEANS: 18
(I) A PUBLIC SCHOOL ; 19
(II) A PUBLIC LIBRARY ; 20
(III) A HEALTH CARE FACILI TY; 21
(IV) A SHELTER; AND 22
(V) A PLACE OF WORSHIP . 23
(B) THE ATTORNEY GENERAL SHALL DEVELOP AND PUBLISH GUIDANCE 24
THAT INFORMS THE PUBLIC A ND RELEVANT STATE AGENCIES ABOUT : 25
(1) MAXIMIZING PUBLIC SA FETY AND MINIMIZING PUBLIC EXPOSURE 26
TO VIOLENCE OR ACCID ENTS FROM IMMIGRATIO N ENFORCEMENT CONDUC TED 27
USING FIREARMS AT SE NSITIVE LOCATIONS ; 28
HOUSE BILL 579 9
(2) MINIMIZING DISRUPTIO N TO SERVICES PROVIDED AT SEN SITIVE 1
LOCATIONS FROM IMMIG RATION ENFORCEMENT C ONDUCTED USING FIREA RMS; 2
(3) DELINEATING BETWEEN IMMIGRATION ENFORCEM ENT WITHIN 3
THE PUBLIC PORTIONS OF SENSITIVE LOCATIO NS AND THE NONPUBLIC OR PRIVATE 4
PORTIONS OF SENSITIV E LOCATIONS; 5
(4) VERIFYING THE IDENTI TY OF IMMIGRATION EN FORCEMENT 6
AGENTS AND VALIDATIN G IMMIGRATION ENFORC EMENT DOCUMENTATION SEEKING 7
SPECIFIC INDIVIDUALS ; 8
(5) ALIGNING ARTICLE 26 OF THE MARYLAND CONSTITUTION, 9
WHICH REQUIRES THAT A WARRANT NAME A SPE CIFIC INDIVIDUAL, WITH POLICIES 10
ABOUT COLLATERAL IMM IGRATION ENFORCEMENT AT SENSITIVE LOCATIO NS; 11
(6) LIMITING LIABILITY E XPOSURE FOR STATE, LOCAL, AND PRIVATE 12
INSTITUTIONS AND THE PARTICIPATION OF THE EMPLOYEES OF THOSE 13
INSTITUTIONS IN IMMI GRATION ENFORCEMENT AT SENSITIVE LOCATIO NS; 14
(7) FACILITATING RELATIO NSHIPS BETWEEN FEDER AL LAW 15
ENFORCEMENT OFFICERS AND STATE AND LOCAL OFFIC IALS AND LAW 16
ENFORCEMENT OFFICERS IN ORDER TO CONDUCT IMMIGRATION ENFORCEM ENT 17
ACTIVITIES THROUGH T HE LEAST DANGEROUS A ND DISRUPTIVE MEANS; AND 18
(8) COMPLYING WITH EXIST ING LEGAL OBLIGATION S AND 19
LIMITATIONS ON STATE AGENCIES WHILE MAINTAINING PUBLIC S AFETY AND 20
ACCESSIBILITY TO THO SE AGENCIES. 21
(C) THE ATTORNEY GENERAL MAY DEVELOP A ND PUBLISH GUIDANCE FOR 22
NONPUBLIC FACILITIES ABOUT IMMIGRATION ENFORCEM ENT AT SENSITIVE 23
LOCATIONS. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2025. 26