(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) "Family member" means a relative by blood, adoption, or marriage. (4) "Household member" means a person who lives with another or is a regular presence in the home of another. (5) (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) "Local correctional facility" has the meaning stated in § 1-101 of the Correctional Services Article. (7) "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: (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. (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.
‹ Prev All Maryland sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.