Correctional Services and Public Safety - Immigration Enforcement - Prohibitions (Community Trust Act)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1575*

HOUSE BILL 1575
E5, E2 6lr2926
CF SB 791
By: Delegates Phillips, Acevero, Addison, Amprey, Bagnall, Charkoudian , Coley,
Davis, Fair, Foley, Ivey, Kaufman, Lehman, Lewis, J. Long, Martinez,
McCaskill, Mireku –North, Moreno, Palakovich Carr, Pasteur, Roberson,
Ruff, Ruth, Simmons, Simpson, Smith, Solomon, Stinnett, Taveras, Taylor,
Terrasa, Turner, Vogel, Wells, White Holland, Wilkins, Williams, Wims,
Woods, Woorman, and Young
Introduced and read first time: February 13, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Correctional Services and Public Safety – Immigration Enforcement – 2
Prohibitions 3
(Community Trust Act) 4

FOR the purpose of prohibiting employees and agents of State and local correctional 5
facilities from taking certain actions related to immigration enforcement, subject to 6
certain exceptions; prohibiting law enforcement agents from taking certain actions 7
related to immigration enforcement, subject to certain exceptions; and generally 8
relating to immigration enforcement. 9

BY adding to 10
Article – Correctional Services 11
Section 8–805 12
Annotated Code of Maryland 13
(2025 Replacement Volume) 14

BY repealing and reenacting, with amendments, 15
Article – Criminal Procedure 16
Section 5–104 17
Annotated Code of Maryland 18
(2025 Replacement Volume) 19

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21

Article – Correctional Services 22
2 HOUSE BILL 1575

8–805. 1

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3

(2) “CIVIL IMMIGRATION VIO LATION” MEANS A VIOLATION OF 4
FEDERAL CIVIL IMMIGRATION LAW. 5

(3) “COURT ORDER” DOES NOT INCLUDE A DOCUMENT ISSUED BY: 6

(I) THE UNITED STATES DEPARTMENT OF HOMELAND 7
SECURITY; 8

(II) THE UNITED STATES DEPARTMENT OF JUSTICE; OR 9

(III) ANY SUCCESSOR AGENCY. 10

(4) “JUDICIAL WARRANT” DOES NOT INCLUDE A D OCUMENT ISSUED 11
BY: 12

(I) THE UNITED STATES DEPARTMENT OF HOMELAND 13
SECURITY; 14

(II) THE UNITED STATES DEPARTMENT OF JUSTICE; OR 15

(III) ANY SUCCESSOR AGENCY. 16

(B) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 17
SUBSECTION, AN EMPLOYEE OR AGENT OF A STATE OR LOCAL CORREC TIONAL 18
FACILITY MAY NOT, IN THE COURSE OF THE EMPLOYEE’S OR AGENT’S DUTIES: 19

(I) INQUIRE ABOUT OR INV ESTIGATE AN INDIVIDU AL’S 20
CITIZENSHIP, IMMIGRATION STATUS, OR PLACE OF BIRTH; 21

(II) DETAIN OR PROLONG THE DETENTION OF AN INDIVIDUAL: 22

1. FOR THE PURPOSE OF INVESTIGATING THE 23
INDIVIDUAL’S CITIZENSHIP OR IMMIGRATION STATUS; 24

2. BASED ON THE SUSPICION THAT THE INDIVIDUAL HAS 25
COMMITTED A CIVIL IMMIGRATION VIOLATION; OR 26

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3. AT THE REQUEST OF FE DERAL IMMIGRATION 1
AUTHORITIES UNLESS PRESENTED WITH A VALID JUDICIAL WARRANT; 2

(III) NOTIFY FEDERAL IMMIG RATION AUTHORITIES T HAT AN 3
INDIVIDUAL IS IN CUS TODY UNLESS REQUIRED BY A VALID COURT ORDER OR 4
JUDICIAL WARRANT; 5

(IV) TRANSFER AN INDIVIDU AL TO FEDERAL IMMIGR ATION 6
AUTHORITIES UNLESS PRESENTED WITH A VALID JUDICIAL WARRANT; OR 7

(V) COERCE, INTIMIDATE, OR THREATEN AN INDIVIDUAL BASED 8
ON THE ACTUAL OR PER CEIVED CITIZENSHIP O R IMMIGRATION STATUS OF THE 9
INDIVIDUAL OR ANY OTHER PERSON. 10

(2) NOTHING IN THIS SUBSECTION SHALL PREVENT AN EMPLOYEE OR 11
AGENT OF A STATE OR LOCAL CORREC TIONAL FACILITY FROM INQUIRING ABOUT 12
INFORMATION THAT IS MATERIAL TO A ROUTINE BOOKING PROCEDURE. 13

(3) IF THE CITIZENSHIP OR IMMIGRATION STATUS OF AN INDIVIDUAL 14
IS RELEVANT TO A PRO TECTION ACCORDED TO THE INDIVIDUAL UNDER STATE OR 15
FEDERAL LAW , OR SUBJECT TO A REQU IREMENT IMPOSED BY I NTERNATIONAL 16
TREATY, AN EMPLOYEE OR AGENT OF A STATE OR LOCAL CORRECTIONAL FACILITY 17
MAY: 18

(I) NOTIFY THE INDIVIDUA L OF THE PROTECTION OR 19
REQUIREMENT; OR 20

(II) PROVIDE THE INDIVIDU AL WITH AN OPPORTUN ITY TO 21
VOLUNTARILY DISCLOSE THE INDIVIDUAL’S CITIZENSHIP OR IMMIGRATION STATUS 22
FOR THE PURPOSE OF R ECEIVING THE PROTECT ION OR COMPLYING WIT H THE 23
REQUIREMENT. 24

(C) UNLESS REQUIRED BY STATE OR FEDERAL LAW OR A COURT ORDER, AN 25
EMPLOYEE OR AGENT OF A STATE OR LOCAL CORRECTIONAL FACILITY MAY NOT: 26

(1) IN THE COURSE OF THE EMPLOYEE’S OR AGENT ’S DUTIES , 27
PROVIDE INFORMATION TO FEDERAL IMMIGRATION AUTHORITIES; OR 28

(2) ALLOW FEDERAL IMMIGRATION AUTHORITIES TO ACCESS: 29

(I) AN AREA OF A STATE OR LOCAL CORREC TIONAL FACILITY 30
NOT ACCESSIBLE TO THE PUBLIC; OR 31

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(II) RECORDS RELATING TO A STATE OR LOCAL CORRECTIONAL 1
FACILITY THAT ARE NOT ACCESSIBLE TO THE PUBLIC. 2

(D) (1) EACH STATE AND LOCAL CORRECTIONAL FACILITY SHALL ADOPT 3
A POLICY CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION. 4

(2) THE POLICY REQUIRED B Y THIS SUBSECTION SH ALL INCLUDE 5
PENALTIES FOR AN EMP LOYEE OR AGENT WHO V IOLATES THE REQUIREMENTS OF 6
THIS SECTION. 7

(E) AN INDIVIDUAL WHO HAS BEEN SUBJECT ED TO A VIOLATION OF THIS 8
SECTION MAY BRING AN ACTION FOR: 9

(1) ACTUAL DAMAGES; 10

(2) PUNITIVE DAMAGES; AND 11

(3) INJUNCTIVE RELIEF. 12

Article – Criminal Procedure 13

5–104. 14

(a) (1) In this section the following words have the meanings indicated. 15

(2) “Civil immigration violation” means a violation of federal civil 16
immigration law. 17

(3) “COURT ORDER” DOES NOT INCLUDE A DOCUMENT ISSUED BY: 18

(I) THE UNITED STATES DEPARTMENT OF HOMELAND 19
SECURITY; 20

(II) THE UNITED STATES DEPARTMENT OF JUSTICE; OR 21

(III) ANY SUCCESSOR AGENCY. 22

[(3)] (4) “Family member” means a relative by blood, adoption, or 23
marriage. 24

[(4)] (5) “Household member” means a person who lives with another or 25
is a regular presence in the home of another. 26

HOUSE BILL 1575 5

[(5)] (6) (i) “Law enforcement agent” means an individual who is 1
certified by the Maryland Police Training and Standards Commission under § 3–209 of the 2
Public Safety Article. 3

(ii) “Law enforcement agent” does not include an agent or employee 4
of a State correctional facility or a local correctional facility. 5

[(6)] (7) “Local correctional facility” has the meaning stated in § 1–101 of 6
the Correctional Services Article. 7

[(7)] (8) “State correctional facility” has the meaning stated in § 1–101 of 8
the Correctional Services Article. 9

(b) (1) In this subsection, “arrest” does not include a routine booking 10
procedure. 11

(2) Except as provided in paragraphs (3) and (4) of this subsection, a law 12
enforcement agent may not, during the performance of regular police functions: 13

(i) inquire about an individual’s citizenship, immigration status, or 14
place of birth during a stop, a search, or an arrest; 15

(ii) detain, or prolong the detention of, an individual: 16

1. for the purpose of investigating the individual’s 17
citizenship or immigration status; or 18

2. based on the suspicion that the individual has committed 19
a civil immigration violation; 20

(iii) transfer an individual to federal immigration authorities unless 21
[required by federal law; or] PRESENTED WITH A VALID JUDICIAL WARRANT; 22

(iv) coerce, intimidate, or threaten any individual based on the actual 23
or perceived citizenship or immigration status of the individual or: 24

1. the individual’s family member; 25

2. the individual’s household member; 26

3. the individual’s legal guardian; or 27

4. another individual for whom the individual is a legal 28
guardian; OR 29

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(V) NOTIFY FEDERAL IMMIG RATION AUTHORITIES T HAT AN 1
INDIVIDUAL IS IN CUSTODY UNLESS REQUIRED BY A VALID COURT ORDER. 2

(3) Nothing in this subsection shall prevent a law enforcement agent from 3
inquiring about any information that is material to a criminal investigation. 4

(4) If the citizenship or immigration status of an individual is relevant to a 5
protection accorded to the individual under State or federal law, or subject to a requirement 6
imposed by international treaty, a law enforcement agent may: 7

(i) notify the individual of the protection or requirement; and 8

(ii) provide the individual an opportunity to voluntarily disclose the 9
individual’s citizenship or immigration status for the purpose of receiving the protection or 10
complying with the requirement. 11

(C) (1) EACH LAW ENFORCEMENT AGENCY IN THE STATE SHALL ADOPT A 12
POLICY CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION. 13

(2) THE POLICY REQUIRED B Y THIS SUBSECTION SH ALL I NCLUDE 14
PENALTIES FOR AN EMP LOYEE OR AGENT WHO V IOLATES THE REQUIREMENTS OF 15
THIS SECTION. 16

(D) AN INDIVIDUAL WHO HAS BEEN SUBJECTED TO A VIOLATION OF THIS 17
SECTION MAY BRING AN ACTION FOR: 18

(1) ACTUAL DAMAGES; 19

(2) PUNITIVE DAMAGES; AND 20

(3) INJUNCTIVE RELIEF. 21

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2026. 23