An Act To Enforce Immigration Laws and Restrict Benefits to Legal Citizens
Maine Legislature, Session 125, LD 1496
Committee: Judiciary
Sponsors: CHASE, COLLINS, CEBRA, CRAY, GILLWAY, PILON, SARTY, SHAW, WINSOR, SHERMAN
Amends: 17-A MRSA §15-A, 17-A MRSA §17, 17-A MRSA §18, 22 MRSA §3104, 22 MRSA §3195, 22 MRSA §3769-D, 22 MRSA §4301

Legislative Document 
No. 1496 
H.P. 1097 
House of Representatives, April 20, 2011 
An Act To Enforce Immigration Laws and Restrict Benefits to Legal 
Citizens 
Received by the Clerk of the House on April 15, 2011.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CHASE of Wells. 
Cosponsored by Senator COLLINS of York and 
Representatives: CEBRA of Naples, CRAY of Palmyra, GILLWAY of Searsport, PILON of 
Saco, SARTY of Denmark, SHAW of Standish, WINSOR of Norway, Senator: SHERMAN of 
Aroostook. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §15-A, sub-§§2 and 3, as amended by PL 2003, c. 657, §2, 
are further amended to read: 
2.    Any person who a law enforcement officer has probable cause to believe has 
committed or is committing a crime other than one listed under section 15, subsection 1, 
paragraph A, and to whom a law enforcement officer is authorized to deliver a summons 
pursuant to subsection 1, who intentionally fails or refuses to provide to that officer 
reasonably credible evidence of that person's correct name, address or, date of birth or 
citizenship commits a Class E crime, if the person persists in the failure or refusal after 
having been informed by the officer of the provisions of this subsection.  If that person 
furnishes the officer evidence of the person's correct name, address and, date of birth and 
citizenship and the evidence does not appear to be reasonably credible, the officer shall 
attempt to verify the evidence as quickly as is reasonably possible.  During the period the 
verification is being attempted, the officer may require the person to remain in the 
officer's presence for a period not to exceed 2 hours.  During this period, if the officer 
reasonably believes that the officer's safety or the safety of others present requires, the 
officer may search for any dangerous weapon by an external patting of that person's outer 
clothing.  If in the course of the search the officer feels an object that the officer 
reasonably believes to be a dangerous weapon, the officer may take such action as is 
necessary to examine the object, but may take permanent possession of the object only if 
it is subject to forfeiture.  The requirement that the person remain in the presence of the 
officer does not constitute an arrest.  After informing that person of the provisions of this 
subsection, the officer may arrest the person either if the person intentionally refuses to 
furnish any evidence of that person's correct name, address or, date of birth or citizenship 
or if, after attempting to verify the evidence as provided for in this subsection, the officer 
has probable cause to believe that the person has intentionally failed to provide 
reasonably credible evidence of the person's correct name, address or, date of birth or 
citizenship. 
3.    If, at any time subsequent to an arrest made pursuant to subsection 2, it appears 
that the evidence of the person's correct name, address and, date of birth and citizenship 
was accurate, the person must be released from custody and any record of that custody 
must show that the person was released for that reason.  If, upon trial for violating 
subsection 2, a person is acquitted on the ground that the evidence of the person's correct 
name, address and, date of birth and citizenship was accurate, the record of acquittal must 
show that that was the ground. 
Sec. 2.  17-A MRSA §17, sub-§2, as amended by PL 2003, c. 657, §4, is further 
amended to read: 
2.    Any person to whom a law enforcement officer is authorized to issue or deliver a 
summons pursuant to subsection 1 who intentionally fails or refuses to provide the officer 
reasonably credible evidence of the person's correct name, address or, date of birth or 
citizenship commits a Class E crime, if the person persists in that failure or refusal after 
having been informed by the officer of the provisions of this subsection.  If the person 
furnishes the officer evidence of that person's correct name, address and, date of birth and 
citizenship and the evidence does not appear to be reasonably credible, the officer shall 
attempt to verify the evidence as quickly as is reasonably possible.  During the period that 
verification is being attempted, the officer may require the person to remain in the 
officer's presence for a period not to exceed 2 hours.  During this period, if the officer 
reasonably believes that the officer's safety or the safety of others present requires, the 
officer may search for any dangerous weapon by an external patting of the person's outer 
clothing.  If in the course of the search the officer feels an object that the officer 
reasonably believes to be a dangerous weapon, the officer may take such action as is 
necessary to examine the object, but may take permanent possession of the object only if 
it is subject to forfeiture.  The requirement that the person remain in the presence of the 
officer does not constitute an arrest. 
After informing the person of the provisions of this subsection, the officer may arrest the 
person either if the person intentionally refuses to furnish any evidence of that person's 
correct name, address or, date of birth or citizenship or if, after attempting to verify the 
evidence as provided for in this subsection, the officer has probable cause to believe that 
the person has intentionally failed to provide reasonably credible evidence of the person's 
correct name, address or, date of birth or citizenship. 
Sec. 3.  17-A MRSA §17, sub-§3, as amended by PL 2003, c. 657, §4, is further 
amended to read: 
3.    If, at any time subsequent to an arrest made pursuant to subsection 2, it appears 
that the evidence of the person's correct name, address and, date of birth and citizenship 
was accurate, the person must be released from custody and any record of that custody 
must show that the person was released for that reason.  If, upon trial for violating 
subsection 2, a person is acquitted on the ground that the evidence of the person's correct 
name, address and, date of birth and citizenship was accurate, the record of acquittal must 
show that that was the ground. 
Sec. 4.  17-A MRSA §18 is enacted to read: 
§18.  Enforcement of immigration laws 
1.  If a law enforcement officer is in lawful contact with a person and has a 
reasonable suspicion that the person is an alien who is unlawfully present in the United 
States, the law enforcement officer must make a reasonable attempt, when practicable, to 
determine the immigration status of that person. The person's immigration status must be 
verified with the Federal Government pursuant to 8 United States Code, Section 1373(c). 
2.  An alien who is unlawfully present in the United States and who has been 
convicted of a violation of state law or a municipal ordinance or has been discharged 
from imprisonment must be transferred immediately to the custody of the United States 
Immigration and Customs Enforcement or the United States Customs and Border 
Protection.  A law enforcement officer shall securely transport an alien who is unlawfully 
present in the United States and who is in the custody of the State to a federal facility in 
this State or to a point of transfer into federal custody that is outside the jurisdiction of the 
law enforcement officer. 
3.  An official of a governmental entity may not be prohibited or restricted from 
sending, receiving or maintaining information relating to the immigration status of an 
individual or exchanging that information with a federal or governmental entity to: 
A.  Determine eligibility for a public benefit, service or license provided by the 
Federal Government or any other governmental entity; 
B.  Verify a claim of residence or domicile if determination of residence or domicile 
is required under the laws of this State or a judicial order issued pursuant to a civil or 
criminal proceeding in this State; 
C.  Confirm the identity of a detained person; or 
D.  If the person is an alien, determine whether the person is in compliance with the 
federal registration laws prescribed by the federal Immigration and Nationality Act, 
Title II, Chapter 7. 
Sec. 5.  22 MRSA §3104, sub-§15 is enacted to read: 
15.  Residency.  Notwithstanding any other provisions of this section and section 
3104-A to the contrary, beginning January 1, 2012 the department may not provide food 
supplement program benefits to an applicant who is not a legal resident of the United 
States and a resident of this State. 
Sec. 6.  22 MRSA §3195 is enacted to read: 
§3195.  Residency 
Beginning January 1, 2012, it is a condition of eligibility for assistance under this 
chapter that an applicant be a legal resident of the United States and a resident of this 
State.  The department shall require an applicant for assistance under this chapter to 
demonstrate that the applicant meets this condition.  The department shall adopt rules to 
implement this section.  Rules adopted pursuant to this section are routine technical rules 
under Title 5, chapter 375, subchapter 2-A. 
Sec. 7.  22 MRSA §3769-D is enacted to read: 
§3769-D.  Residency 
Beginning January 1, 2012, it is a condition of eligibility for assistance under this 
chapter that an applicant be a legal resident of the United States and a resident of this 
State.  The department shall require an applicant for assistance under this chapter to 
demonstrate that the applicant meets this condition.  The department shall adopt rules to 
implement this section.  Rules adopted pursuant to this section are routine technical rules 
under Title 5, chapter 375, subchapter 2-A. 
Sec. 8.  22 MRSA §4301, sub-§3, as enacted by PL 1983, c. 577, §1, is amended 
to read: 
3.  Eligible person.  "Eligible person" means a person legal resident of the United 
States and a resident of this State who is qualified to receive general assistance from a 
municipality according to standards of eligibility determined by the municipal officers 
whether or not that person has applied for general assistance. 
SUMMARY 
This bill requires a law enforcement officer who legally detains a person for a 
suspected criminal or civil violation to require that person to provide proof of citizenship 
in addition to name, address and date of birth.  If a law enforcement officer has a 
reasonable suspicion that the person is an illegal alien, the officer must attempt to 
determine the immigration status of the person.  A person illegally in the United States 
who has been convicted of a crime in this State, following completion of the punishment, 
must be transferred immediately to the custody of the United States Immigration and 
Customs Enforcement or the United States Customs and Border Protection. 
This bill also requires an applicant for state assistance under the Temporary 
Assistance for Needy Families program, the MaineCare program or the food stamp 
program or for municipal assistance to be a legal resident of the United States and a 
resident of this State.