An Act To Ensure Compliance with Federal Immigration Law by State and Local Government Entities
Maine Legislature, Session 128, LD 0366
Committee: Judiciary
Sponsors: LOCKMAN, CUSHING, ALLEY, AUSTIN, BRADSTREET, HILLIARD, STROM, WADSWORTH, BRAKEY, CYRWAY

Legislative Document
No. 366
H.P. 272
House of Representatives, February 2, 2017
An Act To Ensure Compliance with Federal Immigration Law by 
State and Local Government Entities
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative LOCKMAN of Amherst.
Cosponsored by Senator CUSHING of Penobscot and
Representatives: ALLEY of Beals, AUSTIN of Gray, BRADSTREET of Vassalboro, 
HILLIARD of Belgrade, STROM of Pittsfield, WADSWORTH of Hiram, Senators: BRAKEY 
of Androscoggin, CYRWAY of Kennebec.
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.