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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0495*
HOUSE BILL 495
E2 6lr1842
By: Delegate Rosenberg
Introduced and read first time: January 27, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Immigration Arrest – Immunity in Connection With Court 2
Proceeding 3
FOR the purpose of providing that a certain individual is immune from a certain 4
immigration arrest in connection with attendance at a court proceeding under 5
certain circumstances; prohibiting a person from making an arrest in violation of 6
this Act; and generally relating to immunity from arrest for civil immigration 7
violations. 8
BY adding to 9
Article – Criminal Procedure 10
Section 2–104.3 11
Annotated Code of Maryland 12
(2025 Replacement Volume) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Criminal Procedure 16
2–104.3. 17
(A) (1) IN THIS SECTION THE FOL LOWING WORDS HAVE TH E MEANINGS 18
INDICATED. 19
(2) “CIVIL IMMIGRATION VIO LATION” MEANS A VIOLATION OF 20
FEDERAL CIVIL IMMIGRATION LAW. 21
(3) “FAMILY MEMBER” MEANS A RELATIVE BY BLOOD, ADOPTION, OR 22
MARRIAGE. 23
2 HOUSE BILL 495
(4) “HOUSEHOLD MEMBER ” MEANS A PERSON WHO L IVES WITH 1
ANOTHER OR IS A REGULAR PRESENCE IN THE HOME OF ANOTHER. 2
(5) “IMMIGRATION ARREST ” MEANS TAKING AN INDI VIDUAL INTO 3
CUSTODY SOLELY OR PRIMARILY BASED ON THE SUSPICION THAT THE INDIVIDUAL 4
HAS COMMITTED A CIVIL IMMIGRATION VIOLATION. 5
(B) AN INDIVIDUAL DULY AND IN GOOD FAITH ATTEND ING A COURT 6
PROCEEDING IN WHICH THE INDIVIDUAL IS A PARTY OR POTENTIAL WITNESS, OR A 7
FAMILY MEMBER OR HOUSEHOLD MEMBER OF A PARTY OR POTENTIAL WITNESS, IS 8
IMMUNE FROM IMMIGRATION ARREST WHILE GOING T O, REMAINING AT , OR 9
RETURNING FROM THE LOCATION OF THE COURT PROCEEDING UNL ESS THE 10
IMMIGRATION ARREST IS AUTHORIZED BY A VALID JUDICIAL WARRANT. 11
(C) (1) A PERSON MAY NOT MAKE AN IMMIGRATION ARREST IN 12
VIOLATION OF SUBSECTION (B) OF THIS SECTION. 13
(2) A PERSON MAY NOT MAKE AN IMMIGRATION ARREST IN 14
VIOLATION OF SUBSECTION (B) OF THIS SECTION THAT RESULTS IN SERIOUS BODILY 15
INJURY. 16
(D) (1) A PERSON WHO VIOLATES SUBSECTION (C)(1) OF THIS SECTION IS 17
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT 18
NOT EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $1,000 OR BOTH. 19
(2) A PERSON WHO VIOLATES SUBSECTION (C)(2) OF THIS SECTION IS 20
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 21
EXCEEDING 4 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH. 22
(E) (1) AN INDIVIDUAL WHO HAS BEEN OR HAS REASONAB LE GROUNDS 23
TO BELIEVE THAT THE INDIVIDUAL WILL BE SUBJECT TO AN IMMIGRATION ARREST 24
IN VIOLATION OF THIS SECTION MAY BRING AN ACTION FOR: 25
(I) DECLARATORY RELIEF; 26
(II) INJUNCTIVE RELIEF; AND 27
(III) REASONABLE ATTORNEY’S FEES AND COURT COSTS. 28
(2) THE ATTORNEY GENERAL MAY BRING AN ACTION ON BEHALF OF 29
THE STATE OR AS PARENS PATRIAE ON BEHALF OF PERSONS RESIDING IN THE 30
STATE WHO HAVE BEEN O R WHO THE ATTORNEY GENERAL HAS REASONABL E 31
HOUSE BILL 495 3
GROUNDS TO BELIEVE MAY BE SUBJECT TO IMMIGRATION ARREST IN VIOLATION OF 1
THIS SECTION FOR: 2
(I) DECLARATORY RELIEF; 3
(II) INJUNCTIVE RELIEF; AND 4
(III) REASONABLE ATTORNEY’S FEES AND COSTS. 5
(F) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A LAW 6
ENFORCEMENT OFFICER OR AGENT OR EMPLOYEE OF A COURT FROM ACTI NG IN 7
GOOD FAITH TO MAINTAIN PUBLIC SAFETY IN A COURTHOUSE. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2026. 10