Public Safety - Immigration Enforcement - Prohibition Against Sanctuary Policies

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0719*

HOUSE BILL 719
E4, P3, L6 6lr1243

By: Delegates Arikan, Baker, Chisholm, Fisher, Grammer, Hinebaugh, Kipke,
M. Morgan, Nawrocki, Reilly, Szeliga, Valentine, and Wivell
Introduced and read first time: February 2, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Public Safety – Immigration Enforcement – Prohibition Against Sanctuary 2
Policies 3

FOR the purpose of prohibiting the State, a unit of local government, a county sheriff , or 4
an agency, officer, employee, or agent of the State or a unit of local government from 5
adopting or having in effect a certain sanctuary policy; repealing certain provisions 6
of law that are inconsisten t with this Act; and generally relating to immigration 7
enforcement. 8

BY repealing 9
Article – Criminal Procedure 10
Section 2–104.2 and 5–104 11
Annotated Code of Maryland 12
(2025 Replacement Volume) 13

BY repealing 14
Article – General Provisions 15
Section 4–320.1 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2025 Supplement) 18

BY adding to 19
Article – Public Safety 20
Section 1 –701 and 1–702 to be under the new subtitle “Subtitle 7. Immigration 21
Enforcement” 22
Annotated Code of Maryland 23
(2022 Replacement Volume and 2025 Supplement) 24

BY repealing 25
Article – Public Safety 26
2 HOUSE BILL 719

Section 3–529 1
Annotated Code of Maryland 2
(2022 Replacement Volume and 2025 Supplement) 3

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5

Article – Criminal Procedure 6

[2–104.2. 7

(a) In this section, “sensitive location” has the meaning stated in § 6 –111 of the 8
State Government Article. 9

(b) (1) This subsection does not apply to a State or local correctional facility or 10
a detention facility in a District Court or circuit court house. 11

(2) A public school, a public library, or a unit of the Executive Branch of 12
State or local government that operates at a sensitive location shall deny access to any 13
portion of the sensitive location that is not accessible to the general public to any individual 14
who is seeking access for the purpose of enforcing federal immigration law, unless: 15

(i) the individual presents a valid warrant issued by a federal court; 16
or 17

(ii) exigent circumstances exist.] 18

[5–104. 19

(a) (1) In this section the following words have the meanings indicated. 20

(2) “Civil immigration violation” means a violation of federal civil 21
immigration law. 22

(3) “Family member” means a relative by blood, adoption, or marriage. 23

(4) “Household member” means a person who lives with another or is a 24
regular presence in the home of another. 25

(5) (i) “Law enforcement agent” means an individual who is certified by 26
the Maryland Police Training and Standards Commission under § 3 –209 of the Public 27
Safety Article. 28

(ii) “Law enforcement agent” does not include an agent or employee 29
of a State correctional facility or a local correctional facility. 30

HOUSE BILL 719 3

(6) “Local correctional facility” has the meaning stated in § 1 –101 of the 1
Correctional Services Article. 2

(7) “State correctional facility” has the meaning stated in § 1 –101 of the 3
Correctional Services Article. 4

(b) (1) In this subsection, “arrest” does not include a routine booking 5
procedure. 6

(2) Except as provided in paragraphs (3) and (4) of this subsection, a law 7
enforcement agent may not, during the performance of regular police functions: 8

(i) inquire about an individual’s citizenship, immigration status, or 9
place of birth during a stop, a search, or an arrest; 10

(ii) detain, or prolong the detention of, an individual: 11

1. for the purpose of investigating the individual’s 12
citizenship or immigration status; or 13

2. based on the suspicion that the individual has committed 14
a civil immigration violation; 15

(iii) transfer an individual to federal immigration authorities unless 16
required by federal law; or 17

(iv) coerce, intimidate, or threaten any individual based on the actual 18
or perceived citizenship or immigration status of the individual or: 19

1. the individual’s family member; 20

2. the individual’s household member; 21

3. the individual’s legal guardian; or 22

4. another individual for whom the individual is a legal 23
guardian. 24

(3) Nothing in this subsection shall prevent a law enforcement agent from 25
inquiring about any information that is material to a criminal investigation. 26

(4) If the citizenship or immigration status of an individual is relevant to a 27
protection accorded to the individual under State or federal law, or subject to a requirement 28
imposed by international treaty, a law enforcement agent may: 29

(i) notify the individual of the protection or requirement; and 30

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(ii) provide the individual an opportunity to voluntarily disclose the 1
individual’s citizenship or immigration status for the purpose of receiving the protection or 2
complying with the requirement.] 3

Article – General Provisions 4

[4–320.1. 5

(a) In this section, “facial recognition” means a biometric software application 6
that identifies or verifies a person by comparing and analyzing patterns based on a person’s 7
facial contours. 8

(b) (1) Notwithstanding any other provision of this title, an officer, an 9
employee, an agent, or a contractor of the State or a political subdivision shall deny 10
inspection of the part of a public record that contains personal information or inspection of 11
a photograph of an individual by any federal agency seeking access for the purpose of 12
enforcing federal immigration law, unless the officer, employee, agent, or contractor is 13
provided with a valid warrant issued by a federal court or a court of this State. 14

(2) Notwithstanding any other provision of this title, an officer, an 15
employee, an agent, or a contractor of the State or a political subdivision shall deny 16
inspection using a facial recognition search of a digital photographic image or actual stored 17
data of a digital photographic image by any federal agency seeking access for the purpose 18
of enforcing federal immigration law, unless the officer, employee, agent, or contractor is 19
provided with a valid warrant issued by a federal court or a court of this State. 20

(3) On or before June 1, 2023, and each June 1 thereafter, the Motor 21
Vehicle Administration, the Department of State Police, and the Department of Public 22
Safety and Correctional Services shall, with respect to requests from federal agencies 23
seeking access for the purpose of federal immigration enforcement for personal information, 24
a photograph of an individual, or a facial recognition search, whether or not the request 25
was initiated through a St ate or local law enforcement agency, report to the General 26
Assembly, in accordance with § 2 –1257 of the State Government Article, the following 27
information for the immediately preceding calendar year: 28

(i) the number of requests received from any federa l agency for 29
personal information, a photograph of an individual, or a facial recognition search; 30

(ii) the number of requests received from any federal agency for 31
personal information, a photograph of an individual, or a facial recognition search for which 32
a valid warrant issued by a federal court or a court of this State was provided; 33

(iii) the number and purpose of facial recognition searches completed 34
for any federal agency based on personal information or a photograph of an individual 35
provided to the federal agency by the Motor Vehicle Administration, the Department of 36
State Police, or the Department of Public Safety and Correctional Services; and 37

HOUSE BILL 719 5

(iv) the number of individuals whose personal information or 1
photograph was provided to any fed eral agency by, respectively, the Motor Vehicle 2
Administration, the Department of State Police, and the Department of Public Safety and 3
Correctional Services.] 4

Article – Public Safety 5

SUBTITLE 7. IMMIGRATION ENFORCEMENT. 6

1–701. 7

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9

(B) “IMMIGRATION DETAINER” MEANS A FACIALLY SUF FICIENT WRITTEN 10
OR ELECTRONIC REQUES T ISSUED BY A FEDERA L IMMIGRATION AGENCY USING 11
THAT AGENCY’S OFFICIAL FORM TO R EQUEST THAT ANOTHER AGENCY DETAIN AN 12
INDIVIDUAL BASED ON PROBABLE CAUSE TO BELIEVE THAT THE INDIVIDUAL TO BE 13
DETAINED IS A REMOVABLE ALIEN UNDER FEDERAL IMMIGRATION LAW. 14

(C) “SANCTUARY POLICY” MEANS A LAW, POLICY, PRACTICE, PROCEDURE, 15
OR CUSTOM ADOPTED OR ALLOWED BY A STATE OR LOCAL GOVERNMENTAL ENTITY 16
THAT PROHIBITS OR IMPEDES ANY STATE OR LOCAL GOVERNMENTAL ENTITY FROM: 17

(1) COMMUNICATING WITH A FEDERAL IMMIGRATION AGENCY; 18

(2) COOPERATING WITH A FEDERAL IMMIGRATION AGENCY; 19

(3) COMPLYING WITH AN IMMIGRATION DETAINER; 20

(4) COMPLYING WITH A REQUEST FROM A FED ERAL IMMIGRATION 21
AGENCY TO NOTIFY THE FEDERAL IMMIGRATION AGENCY BEFORE THE RELEASE OF 22
AN INDIVIDUAL IN THE CUSTODY OF THE STATE OR LOCAL GOVERNMENTAL ENTITY; 23

(5) PROVIDING A FEDERAL IMMIGRATION AGENCY A CCESS TO AN 24
INCARCERATED INDIVIDUAL FOR AN INTERVIEW; 25

(6) PARTICIPATING IN ANY PROGRAM OR AGREEMENT AUTHORIZED 26
UNDER 8 U.S.C. § 1357; 27

(7) PROVIDING A FEDERAL IMMIGRATION AGENCY W ITH THE 28
INCARCERATION STATUS OR RELEASE DATE OF AN INCARCERATED INDIVIDUAL; 29

6 HOUSE BILL 719

(8) PROVIDING INFORMATION TO ANOTHER GOVERNMENTAL ENTITY 1
ON THE IMMIGRATION S TATUS OF AN INDIVIDU AL IN THE CUSTODY OF THE STATE 2
OR LOCAL GOVERNMENTAL ENTITY; 3

(9) EXECUTING A VALID JUDICIAL WARRANT; OR 4

(10) PARTICIPATING IN A F EDERAL IMMIGRATION E NFORCEMENT 5
OPERATION WITH A FEDERAL IMMIGRATION AUTHORITY AS AUTHORIZED BY STATE 6
AND FEDERAL LAW. 7

1–702. 8

THE STATE, A UNIT OF LOCAL GOVE RNMENT, A COUNTY SHERIFF , OR AN 9
AGENCY, AN OFFICER, AN EMPLOYEE, OR AN AGENT OF THE STATE OR A UNIT OF 10
LOCAL GOVERNMENT MAY NOT ADOPT OR HAVE IN EFFECT A SANCTUARY POLICY. 11

[3–529. 12

(a) (1) In this section the following words have the meanings indicated. 13

(2) (i) “Database” means any database operated by State and local law 14
enforcement agencies, including databases maintained for a law enf orcement agency by a 15
private vendor. 16

(ii) “Database” does not include a registry operated under Title 11, 17
Subtitle 7 of the Criminal Procedure Article. 18

(3) (i) “Law enforcement agency” means a federal, state, or local agency 19
authorized to enforce criminal laws. 20

(ii) “Law enforcement agency” includes the Maryland Department of 21
Public Safety and Correctional Services. 22

(b) An entity operating a database shall: 23

(1) deny access to the database to any individual who is seeking access for 24
the purpose of enforcing federal immigration law, unless the individual presents a valid 25
warrant issued by a federal court or a court of this State; and 26

(2) require an individual accessing the database to provide to the entity: 27

(i) the individual’s name; 28

(ii) the individual’s contact information, including a telephone 29
number, an e–mail address, and a physical address; and 30

HOUSE BILL 719 7

(iii) unless the individual presents a valid warrant issued by a federal 1
court or a court of this State, a statement by the individual, under penalty of perjury, that 2
the individual is not accessing the database for the purpose of enforcing federal 3
immigration law.] 4

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2026. 6