1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Civil immigration violation” means a violation of federal civil immigration law.

   3. (3) “Court order” does not include a document issued by:

      1. (i) the United States Department of Homeland Security;
      2. (ii) the United States Department of Justice; or
      3. (iii) any successor agency.

   4. (4) “Convicted individual” means an individual who has been convicted of:

      1. (i) a felony under the laws of this State;
      2. (ii) an offense for which registration as a sex offender is required;
      3. (iii) an offense for which the individual was sentenced to a term of incarceration to be served at a State correctional facility; or
      4. (iv) an offense in another state for which the individual was sentenced to at least 5 years of incarceration and the individual completed at least 5 years of incarceration of that sentence.

   5. (5) “Immigration detainer” means a written or electronic request issued by a federal immigration authority to request that another law enforcement agency detain a person that is:

      1. (i) based on probable cause to believe that the person to be detained is a removable alien under federal immigration law; and
      2. (ii) accompanied by a Form I-205 Warrant of Removal/Deportation or a successor form.

   6. (6) “Judicial warrant” does not include a document issued by:

      1. (i) the United States Department of Homeland Security;
      2. (ii) the United States Department of Justice; or
      3. (iii) any successor agency.

   7. (7) “Local correctional facility” includes:

      1. (i) the Baltimore City Detention Center; and
      2. (ii) the centralized booking facility in Baltimore City that is operated by the Division of Pretrial Detention and Services in the Department.

2. (b)

   1. (1) Paragraph (2)(i), (iii), and (iv) of this subsection does not apply to a convicted individual.

   2. (2) Except as provided in paragraphs (3) and (4) of this subsection, a local correctional facility may not:

      1. (i) inquire about or investigate an individual's citizenship, immigration status, or place of birth;

      2. (ii) detain or prolong the detention of an individual:

         1. 1. for the purpose of investigating the individual's citizenship or immigration status;
         2. 2. based on the suspicion that the individual has committed a civil immigration violation; or
         3. 3. at the request of federal immigration authorities unless presented with a valid judicial warrant;
      3. (iii) notify federal immigration authorities that an individual is in custody unless required by a valid court order or judicial warrant; or
      4. (iv) transfer an individual to federal immigration authorities unless presented with a valid judicial warrant;

   3. (3) Nothing in this subsection shall prevent a local correctional facility from:

      1. (i) inquiring about information that is material to a routine booking procedure; or
      2. (ii) entering information into the National Crime Information Center.

   4. (4) If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a local correctional facility may:

      1. (i) notify the individual of the protection or requirement; or
      2. (ii) provide the individual with an opportunity to voluntarily disclose the individual's citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.

3. (c)

   1. (1) This subsection does not apply to:

      1. (i) the Baltimore City Detention Center; and
      2. (ii) the centralized booking facility in Baltimore City that is operated by the Division of Pretrial Detention and Services in the Department.
   2. (2) A State correctional facility shall provide notice to federal immigration authorities of the release of an individual who is the subject of an active immigration detainer within 48 hours before the release of the individual.
4. (d) A State correctional facility or a local correctional facility may not coerce, intimidate, or threaten an individual based on the actual or perceived citizenship or immigration status of the individual or any other person.

5. (e)

   1. (1) The Attorney General or an individual who has been subjected to a violation of this section may bring a civil action to enforce this section.
   2. (2) In an action brought under paragraph (1) of this subsection, the court may issue temporary, preliminary, or permanent injunctive relief to prevent an act that would constitute a violation of this section.

Added by Acts 2026, c. 872, § 1, eff. May 31, 2026.