An Act To Facilitate Compliance with Federal Immigration Law by State and Local Government Entities
Sec. 1. 5 MRSA Pt. 31 is enacted to read:
IMMIGRATION INFORMATION SHARING
§ 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.
§ 25003. Prohibitions concerning sharing and use of information; compliance with federal law and law enforcement
§ 25004. Complaint process; appeals
§ 25005. 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.
§ 25006. 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.
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 establishes a complaint process and a duty to report.
This bill also provides that if the Attorney General, upon investigation, determines that a government entity is violating these prohibitions, the Attorney General must issue an opinion stating that finding. The government entity has 30 days to appeal the finding to the Superior Court. If the Superior Court agrees with the Attorney General, the court must immediately enjoin the policy or practice. The government entity that continues the policy or practice is subject to a $500 fine for each day the policy or practice remains in effect. If the Superior Court disagrees with the Attorney General, the Attorney General must immediately certify that the government entity is in compliance with the law.