Shown verbatim: the complete text as captured from the official PDF posted by the Maryland General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
WES MOORE, Governor Ch. 872
Chapter 872
(Senate Bill 791)
AN ACT concerning
Correctional Services and Public Safety Criminal Procedure – Immigration
Enforcement – Prohibitions
(Community Trust Act)
FOR the purpose of prohibiting employees and agents of State and local correctional
facilities from taking certain actions related to immigration enforcement, subject to
certain exceptions; prohibiting law enforcement agents from taking certain actions
related to immigration enforcement, subject to certain exceptions; prohibiting State
and local correctional facilities from taking certain actions against an individual
based on a certain immigration status of the individual or any other person; requiring
employees and agents of State correctional facilities to provide a certain notice;
authorizing a District Court commissioner or a judge to consider the existence of a
certain request when considering whether to authorize pretrial release or set bond
or bail; and generally relating to immigration enforcement.
BY adding to
Article – Correctional Services
Section 8–805
Annotated Code of Maryland
(2025 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 5–104
Annotated Code of Maryland
(2025 Replacement Volume)
BY adding to
Article – Criminal Procedure
Section 5–201.1
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 – Correctional Services
8–805.
–1–
Ch. 872 2026 LAWS OF MARYLAND
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “CIVIL IMMIGRATION VIOLATION” MEANS A VIOLATION OF
FEDERAL CIVIL IMMIGRATION LAW.
(3) “COURT ORDER” DOES NOT INCLUDE A DOCUMENT ISSUED BY:
(I) THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY;
(II) THE UNITED STATES DEPARTMENT OF JUSTICE; OR
(III) ANY SUCCESSOR AGENCY.
(4) “COVERED CONVICTED INDIVIDUAL” MEANS AN INDIVIDUAL WHO
HAS BEEN CONVICTED OF:
(I) A FELONY UNDER THE LAWS OF THIS STATE;
(II) AN OFFENSE FOR WHICH REGISTRATION AS A SEX
OFFENDER IS REQUIRED; OR
(III) AN OFFENSE FOR WHICH THE INDIVIDUAL WAS SENTENCED
TO A TERM OF INCARCERATION TO BE SERVED AT A STATE CORRECTIONAL
FACILITY; OR
(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) “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:
(I) BASED ON PROBABLE CAUSE TO BELIEVE THAT THE PERSON
TO BE DETAINED IS A REMOVABLE ALIEN UNDER FEDERAL IMMIGRATION LAW; AND
(II) ACCOMPANIED BY A FORM I–205 WARRANT OF
REMOVAL/DEPORTATION OR A SUCCESSOR FORM.
–2–
WES MOORE, Governor Ch. 872
(4) (6) “JUDICIAL WARRANT” DOES NOT INCLUDE A DOCUMENT
ISSUED BY:
(I) THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY;
(II) THE UNITED STATES DEPARTMENT OF JUSTICE; OR
(III) ANY SUCCESSOR AGENCY.
(7) “LOCAL CORRECTIONAL FACILITY” INCLUDES:
(I) THE BALTIMORE CITY DETENTION CENTER; AND
(II) THE CENTRALIZED BOOKING FACILITY IN BALTIMORE CITY
THAT IS OPERATED BY THE DIVISION OF PRETRIAL DETENTION AND SERVICES IN
THE DEPARTMENT.
(B) (1) PARAGRAPH (2)(I), (III), (IV), AND (V) AND (IV) OF THIS
SUBSECTION DOES NOT APPLY TO A COVERED CONVICTED INDIVIDUAL.
(2) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) (3) AND (4) OF
THIS SUBSECTION, AN EMPLOYEE OR AGENT OF A STATE OR A LOCAL
CORRECTIONAL FACILITY MAY NOT, IN THE COURSE OF THE EMPLOYEE’S OR
AGENT’S DUTIES:
(I) INQUIRE ABOUT OR INVESTIGATE AN INDIVIDUAL’S
CITIZENSHIP, IMMIGRATION STATUS, OR PLACE OF BIRTH;
(II) DETAIN OR PROLONG THE DETENTION OF AN INDIVIDUAL:
1. FOR THE PURPOSE OF INVESTIGATING THE
INDIVIDUAL’S CITIZENSHIP OR IMMIGRATION STATUS;
2. BASED ON THE SUSPICION THAT THE INDIVIDUAL HAS
COMMITTED A CIVIL IMMIGRATION VIOLATION; OR
3. AT THE REQUEST OF FEDERAL IMMIGRATION
AUTHORITIES UNLESS PRESENTED WITH A VALID JUDICIAL WARRANT;
(III) NOTIFY FEDERAL IMMIGRATION AUTHORITIES THAT AN
INDIVIDUAL IS IN CUSTODY UNLESS REQUIRED BY A VALID COURT ORDER OR
JUDICIAL WARRANT; OR
–3–
Ch. 872 2026 LAWS OF MARYLAND
(IV) TRANSFER AN INDIVIDUAL TO FEDERAL IMMIGRATION
AUTHORITIES UNLESS PRESENTED WITH A VALID JUDICIAL WARRANT; OR
(V) COERCE, INTIMIDATE, OR THREATEN AN INDIVIDUAL BASED
ON THE ACTUAL OR PERCEIVED CITIZENSHIP OR IMMIGRATION STATUS OF THE
INDIVIDUAL OR ANY OTHER PERSON.
(2) (3) NOTHING IN THIS SUBSECTION SHALL PREVENT AN
EMPLOYEE OR AGENT OF A STATE OR LOCAL CORRECTIONAL FACILITY FROM:
(I) INQUIRING ABOUT INFORMATION THAT IS MATERIAL TO A
ROUTINE BOOKING PROCEDURE; OR
(II) ENTERING INFORMATION INTO THE NATIONAL CRIME
INFORMATION CENTER.
(3) (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, AN EMPLOYEE OR AGENT OF A STATE OR LOCAL
CORRECTIONAL FACILITY MAY:
(I) NOTIFY THE INDIVIDUAL OF THE PROTECTION OR
REQUIREMENT; OR
(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.
(C) (1) THIS SUBSECTION DOES NOT APPLY TO:
(I) THE BALTIMORE CITY DETENTION CENTER; AND
(II) THE CENTRALIZED BOOKING FACILITY IN BALTIMORE CITY
THAT IS OPERATED BY THE DIVISION OF PRETRIAL DETENTION AND SERVICES IN
THE DEPARTMENT.
(2) A STATE CORRECTIONAL FACILITY SHALL PROVIDE WRITTEN
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–
WES MOORE, Governor Ch. 872
(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.
(D) (E) (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) 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.
(C) UNLESS REQUIRED BY STATE OR FEDERAL LAW OR A COURT ORDER, AN
EMPLOYEE OR AGENT OF A STATE OR LOCAL CORRECTIONAL FACILITY MAY NOT:
(1) IN THE COURSE OF THE EMPLOYEE’S OR AGENT’S DUTIES,
PROVIDE INFORMATION TO FEDERAL IMMIGRATION AUTHORITIES; OR
(2) ALLOW FEDERAL IMMIGRATION AUTHORITIES TO ACCESS:
(I) AN AREA OF A STATE OR LOCAL CORRECTIONAL FACILITY
NOT ACCESSIBLE TO THE PUBLIC; OR
(II) RECORDS RELATING TO A STATE OR LOCAL CORRECTIONAL
FACILITY THAT ARE NOT ACCESSIBLE TO THE PUBLIC.
(D) (1) EACH STATE AND LOCAL CORRECTIONAL FACILITY SHALL ADOPT
A POLICY CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
(2) THE POLICY REQUIRED BY THIS SUBSECTION SHALL INCLUDE
PENALTIES FOR AN EMPLOYEE OR AGENT WHO VIOLATES THE REQUIREMENTS OF
THIS SECTION.
(E) AN INDIVIDUAL WHO HAS BEEN SUBJECTED TO A VIOLATION OF THIS
SECTION MAY BRING AN ACTION FOR:
(1) ACTUAL DAMAGES;
(2) PUNITIVE DAMAGES; AND
–5–
Ch. 872 2026 LAWS OF MARYLAND
(3) INJUNCTIVE RELIEF.
Article – Criminal Procedure
5–104.
(a) (1) In this section the following words have the meanings indicated.
(2) “Civil immigration violation” means a violation of federal civil
immigration law.
(3) “COURT ORDER” DOES NOT INCLUDE A DOCUMENT ISSUED BY:
(I) THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY;
(II) THE UNITED STATES DEPARTMENT OF JUSTICE; OR
(III) ANY SUCCESSOR AGENCY.
[(3)] (4) “Family member” means a relative by blood, adoption, or
marriage.
[(4)] (5) “Household member” means a person who lives with another or
is a regular presence in the home of another.
[(5)] (6) (i) “Law enforcement agent” means an individual who is
certified by the Maryland Police Training and Standards Commission under § 3–209 of the
Public Safety Article.
(ii) “Law enforcement agent” does not include an agent or employee
of a State correctional facility or a local correctional facility.
[(6)] (7) “Local correctional facility” has the meaning stated in § 1–101 of
the Correctional Services Article.
[(7)] (8) “State correctional facility” has the meaning stated in § 1–101 of
the Correctional Services Article.
(b) (1) In this subsection, “arrest” does not include a routine booking
procedure.
(2) Except as provided in paragraphs (3) and (4) of this subsection, a law
enforcement agent may not, during the performance of regular police functions:
–6–
WES MOORE, Governor Ch. 872
(i) inquire about an individual’s citizenship, immigration status, or
place of birth during a stop, a search, or an arrest;
(ii) detain, or prolong the detention of, an individual:
1. for the purpose of investigating the individual’s
citizenship or immigration status; or
2. based on the suspicion that the individual has committed
a civil immigration violation;
(iii) transfer an individual to federal immigration authorities unless
required by federal law; [or]
(iv) coerce, intimidate, or threaten any individual based on the actual
or perceived citizenship or immigration status of the individual or:
1. the individual’s family member;
2. the individual’s household member;
3. the individual’s legal guardian; or
4. another individual for whom the individual is a legal
guardian; OR
(V) NOTIFY FEDERAL IMMIGRATION AUTHORITIES THAT AN
INDIVIDUAL IS IN CUSTODY PROVIDE FEDERAL IMMIGRATION AUTHORITIES WITH
INFORMATION ABOUT AN INDIVIDUAL OBTAINED IN THE COURSE OF THE LAW
ENFORCEMENT AGENT’S DUTIES UNLESS REQUIRED BY A VALID COURT ORDER.
(3) Nothing in this subsection shall prevent a law enforcement agent from
inquiring about any information that is material to a criminal investigation.
(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 law enforcement agent may:
(i) notify the individual of the protection or requirement; and
(ii) provide the individual an opportunity to voluntarily disclose the
individual’s citizenship or immigration status for the purpose of receiving the protection or
complying with the requirement.
(C) (1) EACH LAW ENFORCEMENT AGENCY IN THE STATE SHALL ADOPT A
POLICY CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
–7–
Ch. 872 2026 LAWS OF MARYLAND
(2) THE POLICY REQUIRED BY THIS SUBSECTION SHALL INCLUDE
PENALTIES FOR AN EMPLOYEE OR AGENT WHO VIOLATES THE REQUIREMENTS OF
THIS SECTION.
(D) AN INDIVIDUAL WHO HAS BEEN SUBJECTED TO A VIOLATION OF THIS
SECTION MAY BRING AN ACTION FOR:
(1) ACTUAL DAMAGES;
(2) PUNITIVE DAMAGES; AND
(3) INJUNCTIVE RELIEF.
5–201.1.
(A) IN THIS SECTION, “IMMIGRATION DETAINER” HAS THE MEANING
STATED IN § 8–805 OF THE CORRECTIONAL SERVICES ARTICLE.
(B) IN ADDITION TO ANY OTHER FACTOR ALLOWED BY THE MARYLAND
RULES OR COMMON LAW, A DISTRICT COURT COMMISSIONER OR A JUDGE MAY
CONSIDER THE EXISTENCE OF AN IMMIGRATION DETAINER WHEN DETERMINING
WHETHER TO:
(1) AUTHORIZE PRETRIAL RELEASE FOR A DEFENDANT CHARGED
WITH A FELONY; OR
(2) SET BOND OR BAIL FOR A DEFENDANT CHARGED WITH A FELONY.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or
the application of any provision of this Act to any person or circumstance is held invalid for
any reason in a court of competent jurisdiction, the invalidity does not affect other provisions
or any other application of this Act that can be given effect without the invalid provision or
application, and for this purpose the provisions of this Act are declared severable.
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.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 31, 2026.
–8–Every fact on this page links to its source, starting with the official bill record.