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*sb0245*
SENATE BILL 245
E4 EMERGENCY BILL 6lr1714
CF HB 444
By: Senators Smith, Ferguson, and Lewis Young
Introduced and read first time: January 15, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted with floor amendments
Read second time: January 29, 2026
CHAPTER ______
AN ACT concerning 1
Public Safety – Immigration Enforcement Agreements – Prohibition 2
FOR the purpose of prohibiting the State, a unit of local government, a county sheriff, or 3
any agency, officer, employee, or agent of the State or a unit of local government from 4
entering into a certain immigration enforcement agreement; requiring the 5
termination of an existing immigration enforcement agreement on or before a certain 6
date; and generally relating to immigration enforcement. 7
BY adding to 8
Article – Criminal Procedure 9
Section 5–104.1 10
Annotated Code of Maryland 11
(2025 Replacement Volume) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Criminal Procedure 15
5–104.1. 16
(A) (1) IN THIS SECTION , “IMMIGRATION ENFORCEM ENT AGREEMENT ” 17
MEANS A CONTRACT , AN AGREEMENT , AN INTERGOVERNMENTAL SERVICE 18
AGREEMENT, OR A MEMORANDUM OF U NDERSTANDING WITH TH E FEDERAL 19
GOVERNMENT THAT AUTH ORIZES THE STATE, A UNIT OF LOCAL GOVE RNMENT, A 20
2 SENATE BILL 245
COUNTY SHERIFF, OR ANY AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE 1
OR A UNIT OF LOCAL GOVERNMENT TO ENFORCE CIVIL IMMIGRATION LAW. 2
(2) “IMMIGRATION ENFORCEME NT AGREEMENT ” INCLUDES AN 3
AGREEMENT MADE IN ACCORDANCE WITH: 4
(I) 8 U.S.C. § 1103; 5
(II) 8 U.S.C. § 1357; OR 6
(III) ANY OTHER FEDERAL LAW. 7
(B) THE STATE, A UNIT OF LOCAL GOVE RNMENT, A COUNTY SHERIFF , OR 8
ANY AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE OR A UNIT OF LO CAL 9
GOVERNMENT MAY NOT ENTER INTO AN IMMIGRATION ENFORCEMENT AGREEMENT. 10
(C) THE STATE, A UNIT OF LOCAL GOVE RNMENT, A COUNTY SHERIFF , OR 11
ANY AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE OR A UNIT OF LO CAL 12
GOVERNMENT WITH AN EXISTING IMMIGRATION ENFORCEMENT AGREEMENT SHALL 13
EXERCISE THE TERMINA TION PROVISION CONTA INED IN THE IMMIGRAT ION 14
ENFORCEMENT AGREEMENT NOT LATER THAN JULY 1, 2026. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 16
1, 2026. 17
SECTION 2. AND BE IT FURTHER ENACTED, That the State, a unit of local 18
government, a county sheriff, or any agency, officer, employee, or agent of the State or a 19
unit of local government with an existing immigration enforcement agreement shall 20
exercise the termination provision contained in the immigration enforcement agreement 21
immediately on the taking effect of this Act. 22
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 23
measure, is necessary for the immediate preservation of the public health or safety, has 24
been passed by a yea and nay vote supported by three –fifths of all the members elected to 25
each of the two Houses of the General Assembly, and shall take effect from the date it is 26
enacted. 27