HP0272, LD 366, item 1, An Act To Ensure Compliance with Federal Immigration Law by State and Local Government Entities

An Act To Ensure Compliance with Federal Immigration Law by State and Local Government Entities

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA Pt. 31 is enacted to read:

PART 31

IMMIGRATION INFORMATION SHARING

CHAPTER 631

IMMIGRATION STATUS

§ 25001. Short title

This chapter may be known and cited as "the Public Safety and Protection Act."

§ 25002. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Department of Homeland Security. "Department of Homeland Security" means the United States Department of Homeland Security, or its successor agency, and any of its component agencies, including the United States Immigration and Customs Enforcement and the United States Customs and Border Protection.

2. Government entity. "Government entity" means a state government entity, state government entity official, local government entity, local government entity official, law enforcement agency or law enforcement agency official.

3. Immigration detainer. "Immigration detainer" means a written request issued on behalf of the Department of Homeland Security to a federal, state or local law enforcement agency to provide notice of release of and to detain an individual based on an inquiry into immigration status or an alleged violation of a civil immigration law, including detainers issued pursuant to 8 Code of Federal Regulations, Section 287.7 or 236.1 or on a Department of Homeland Security form requesting voluntary notification of a pending release of a person identified by the Department of Homeland Security as a suspected priority alien or requesting a law enforcement agency to voluntarily take action to maintain custody of a detained person.

4. Inmate. "Inmate" means any individual in the custody of a law enforcement agency.

5. Law enforcement agency. "Law enforcement agency" means an agency in the State charged with enforcement of state, county, municipal or federal laws or with managing custody of detained persons in the State and includes but is not limited to municipal police departments; sheriffs' departments; the State Police; if a university or college has an organized police department, the campus police; and the Department of Public Safety.

6. Law enforcement agency official. "Law enforcement agency official" means a person having official duties as a representative, agent or employee of a law enforcement agency.

7. Local government entity. "Local government entity" means a county, municipality or other political subdivision of the State.

8. Local government entity official. "Local government entity official" means a person having official duties as a representative, agent or employee of a local government entity.

9. State government entity. "State government entity" means any department, agency, bureau, commission, council or other entity established under the laws of the State.

10. State government entity official. "State government entity official" means a person having official duties as a representative, agent or employee of a state government entity.

§ 25003. Prohibitions concerning sharing and use of information; compliance with federal law and law enforcement

1. Restricting other government entity from sending or receiving citizenship or immigration status information. A government entity may not prohibit or in any way restrict any other government entity from sending to or receiving from the Department of Homeland Security information regarding the lawful or unlawful citizenship or immigration status of any individual.

2. Restrictions concerning immigration status information. With respect to information regarding the lawful or unlawful immigration status of any individual, a government entity may not prohibit or in any way restrict:

A. Sending such information to or requesting or receiving such information from the Department of Homeland Security;

B. Maintaining such information;

C. Exchanging such information with any other government entity or any federal agency;

D. Using such information to determine eligibility for any public benefit, service or license provided by federal law or a law of this State or its political subdivisions;

E. Using such information to verify a claim of residence or domicile if a determination of residence or domicile is required under federal law or a law of this State or its political subdivisions or under a judicial order issued pursuant to a civil or criminal proceeding in this State; or

F. Using such information to confirm the identity of a person who is detained by a law enforcement agency.

3. Compliance with and support for federal immigration laws. All government entities shall fully comply with and to the full extent permitted by law support the enforcement of federal immigration law.

4. Enforcement of federal immigration laws. A government entity may not limit or restrict the enforcement of federal immigration law, including, but not limited to, limiting or restricting a government entity from complying with an immigration detainer, limiting or restricting a government entity from providing a federal immigration official access to an inmate for an interview, limiting or restricting a government entity from initiating an immigration status investigation or limiting or restricting a government entity from providing a federal immigration official with the incarceration status or release date of an inmate in custody of a government entity.

5. Transportation of aliens. Notwithstanding any other law, a law enforcement agency or official may securely transport an alien who, according to verification received by the agency or official from the Department of Homeland Security, is unlawfully present in the United States and who is in the law enforcement agency's or official's custody to a federal facility in this State or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency or official. A law enforcement agency or official shall obtain judicial authorization before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside of this State.

§ 25004. Complaint process; penalties

1. Resident complaints and legislator requests submitted to Attorney General. A resident of the State may submit a complaint to the Attorney General asserting a violation of section 25003 by a government entity. The complaint must be in writing and in a form and manner as prescribed by the Attorney General. A member of the Legislature may request the Attorney General to investigate and issue an opinion as to whether a government entity has violated section 25003.

2. Attorney General investigation. After receiving a complaint or request under subsection 1, the Attorney General shall investigate and determine whether a violation of section 25003 has occurred. If after the investigation the Attorney General determines that a violation of 25003 has occurred, the Attorney General shall issue an opinion that a violation has occurred. The Attorney General shall make the opinion available to the public. On the date the opinion is issued by the Attorney General, the government entity that violated section 25003 is ineligible to receive any money that would otherwise be remitted to it by the State. The ineligibility begins on the date the Attorney General's opinion is issued and continues until the Attorney General certifies that the violation has ceased.

3. Copy of opinion and certification. The Attorney General shall send to the government entity that was the subject of the investigation under subsection 2 and to the Treasurer of State a copy of any opinion issued pursuant to subsection 2 and any certification by the Attorney General that a violation of section 25003 has ceased.

§ 25005. Private right of action to enjoin action

If the Attorney General fails to investigate a complaint pursuant to section 25004, a resident of the State may bring an action in Superior Court to challenge a suspected violation of section 25003. The court shall expedite an action under this section, including scheduling a hearing at the earliest practicable date. If there is a judicial finding that a government entity violated section 25003, the court shall enjoin the violation. The court may award court costs and reasonable attorney's fees to the prevailing party in a proceeding brought pursuant to this section.

§ 25006. Private right of action for personal injury or wrongful death

A person injured by a tortious act or omission of an alien unlawfully present in the United States or the personal representative of a person killed by a tortious act or omission of an alien unlawfully present in the United States has a cause of action for damages against a government entity if the government entity had violated section 25003 with respect to that alien at the time such tortious act or omission occurred.

§ 25007. Duty to report

A state government entity official, local government entity official, law enforcement agency official or person holding public office shall report a violation of section 25003 by submitting a complaint to the Attorney General pursuant to section 25004, subsection 1. A person who reports a violation under this section is protected under the Whistleblowers' Protection Act.

§ 25008. Implementation

This chapter must be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of citizens of the United States. In complying with the requirements of this chapter, a government entity may not consider an individual's race, color or national origin, except to the extent permitted by the United States Constitution and the Constitution of Maine.

summary

This bill establishes prohibitions concerning restricting the sharing and use of immigration and citizenship information. It prohibits restricting the enforcement of federal immigration law. It authorizes law enforcement agencies to transport aliens who are unlawfully present in the United States to a federal facility. It establishes a complaint process, a private right of action and a duty to report.

HP0272 LD 366	Session - 128th Maine Legislature		LR 266 Item 1
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