Public Safety - Immigration Enforcement Agreements - Prohibition, the official text

WES MOORE, Governor                   Ch. 2

Chapter 2

                                       (House Bill 444)

AN ACT concerning

Public Safety – Immigration Enforcement Agreements – Prohibition

FOR the purpose of prohibiting the State, a unit of local government, a county sheriff, or
         any agency, officer, employee, or agent of the State or a unit of local government from
         entering into a certain immigration enforcement agreement; requiring the
         termination of an existing immigration enforcement agreement on or before a certain
         date; and generally relating to immigration enforcement.

BY adding to
         Article – Criminal Procedure
         Section 5–104.1
         Annotated Code of Maryland
         (2025 Replacement Volume)

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

                   Article – Criminal Procedure

5–104.1.

        (A) (1) IN THIS SECTION, “IMMIGRATION ENFORCEMENT AGREEMENT”
MEANS A CONTRACT, AN AGREEMENT, AN INTERGOVERNMENTAL SERVICE
AGREEMENT, OR A MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL
GOVERNMENT THAT AUTHORIZES THE STATE, A UNIT OF LOCAL GOVERNMENT, A
COUNTY SHERIFF, OR ANY AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE
OR A UNIT OF LOCAL GOVERNMENT TO ENFORCE CIVIL IMMIGRATION LAW.

                (2) “IMMIGRATION ENFORCEMENT AGREEMENT” INCLUDES AN
AGREEMENT MADE IN ACCORDANCE WITH:

           (I) 8 U.S.C. § 1103;

           (II) 8 U.S.C. § 1357; OR

           (III) ANY OTHER FEDERAL LAW.

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Ch. 2  2026 LAWS OF MARYLAND

        (B) THE STATE, A UNIT OF LOCAL GOVERNMENT, A COUNTY SHERIFF, OR
ANY AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE OR A UNIT OF LOCAL
GOVERNMENT MAY NOT ENTER INTO AN IMMIGRATION ENFORCEMENT AGREEMENT.

        (C) THE STATE, A UNIT OF LOCAL GOVERNMENT, A COUNTY SHERIFF, OR
ANY AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE OR A UNIT OF LOCAL

GOVERNMENT WITH AN EXISTING IMMIGRATION ENFORCEMENT AGREEMENT SHALL
EXERCISE THE TERMINATION PROVISION CONTAINED IN THE IMMIGRATION

ENFORCEMENT AGREEMENT NOT LATER THAN JULY 1, 2026.

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

         SECTION 2. AND BE IT FURTHER ENACTED, That the State, a unit of local
government, a county sheriff, or any agency, officer, employee, or agent of the State or a
unit of local government with an existing immigration enforcement agreement shall
exercise the termination provision contained in the immigration enforcement agreement
immediately on the taking effect of this Act.

         SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.

Approved by the Governor, February 17, 2026.

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