An Act To Protect the Liberty of Immigrants and Asylum Seekers in Maine
Maine Legislature, Session 129, LD 1589
Committee: Judiciary
Sponsors: HICKMAN, BELLOWS, BABBIDGE, CARDONE, CLOUTIER, HARNETT, MORALES, RECKITT, TALBOT ROSS, MIRAMANT

Legislative Document
No. 1589
H.P. 1148
House of Representatives, April 18, 2019
An Act To Protect the Liberty of Immigrants and Asylum Seekers in 
Maine
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HICKMAN of Winthrop.
Cosponsored by Senator BELLOWS of Kennebec and
Representatives: BABBIDGE of Kennebunk, CARDONE of Bangor, CLOUTIER of Lewiston, 
HARNETT of Gardiner, MORALES of South Portland, RECKITT of South Portland, 
TALBOT ROSS of Portland, Senator: MIRAMANT of Knox.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA c. 337-D is enacted to read:
CHAPTER 337-D
MAINE LIBERTY ACT
§4721.  Short title
This chapter may be known and cited as "the Maine Liberty Act."
§4722.  Legislative findings and purpose
The Legislature finds and declares that immigrants are valuable and essential 
members of the community of the State.  A relationship of trust between the State's 
immigrant community and state and local agencies is central to the public safety and 
well-being of the people of the State.  This trust is threatened when state and local 
agencies are entangled with federal immigration enforcement programs, resulting in 
immigrant community members being afraid to approach police when they are victims of 
and witnesses to crimes, seek basic health services or attend school. The entanglement of 
state and local agencies with federal immigration enforcement programs diverts limited 
resources and blurs the lines of accountability between local, state and federal 
governments.  State and local participation in federal immigration enforcement programs 
also raises concerns under the United States Constitution, including the prospect that 
residents of the State could be detained in violation of Amendment IV, targeted on the 
basis of race or ethnicity in violation of the equal protection clause of Amendment XIV 
or denied access to education based on immigration status.  This Act seeks to ensure 
effective policing, protect the safety, well-being and constitutional rights of the people of 
the State and direct the State's limited resources to matters of greatest concern to the State 
and the local governments of the State.
§4723.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Civil immigration warrant.  "Civil immigration warrant" means a warrant for a 
violation of federal civil immigration law.
2.  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.
3.  Hold request.  "Hold request" means a request issued by an immigration authority 
to a local law enforcement agency, including an immigration detainer, that the law 
enforcement agency maintain custody of a person in the law enforcement agency's 
custody beyond the time the person would otherwise be eligible for release in order to 
facilitate transfer to the immigration authority.
4.  Immigration authority.  "Immigration authority" means a federal, state or local 
officer, employee or other person performing immigration enforcement functions, 
including the Department of Homeland Security.
5.  Immigration detainer.  "Immigration detainer" means a written request, 
including a civil or administrative warrant, 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.
6.  Immigration enforcement.  "Immigration enforcement" means efforts to 
investigate or assist in the investigation of a violation of or enforce or assist in the 
enforcement of a federal civil immigration law or federal criminal immigration law that 
penalizes a person's presence in, employment in or entry to the United States.
7.  Inmate.  "Inmate" means an individual in the custody of a law enforcement 
agency.
8.  Law enforcement agency.  "Law enforcement agency" means an agency in the 
State, including an employee or agent of the agency, 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, sheriff's 
departments, the State Police, a university or college campus police department, the 
Department of Corrections and the Department of Public Safety.
§4724.  Prohibited activities of law enforcement
1.  Prohibited activities.  A law enforcement agency may not:
A.  Except as provided in subsection 2, use agency or department money or personnel 
to investigate, interrogate, detain, detect, stop, arrest or search a person solely for 
immigration enforcement purposes, including:
(1)  Inquiring into a person's immigration status;
(2)  Detaining a person on the basis of a hold request;
(3)  Providing information regarding the person's release date unless that 
information is available to the public;
(4)  Providing personal information about the person, including the person's home 
address or work address;
(5)  Making or intentionally participating in an arrest based upon a hold request;
(6)  Assisting immigration authorities in activities described in 8 United States 
Code, Section 1357(a)(3); or
(7)  Performing the functions of an immigration authority;
B.  Place a law enforcement officer under the supervision of a federal agency or 
employ a law enforcement officer deputized as a special federal officer or special 
federal deputy for immigration enforcement;
C.  Use an agent or employee of an immigration authority as an interpreter for local 
law enforcement agency matters regarding a person in the law enforcement agency's 
custody;
D.  Transfer a person to an immigration authority unless authorized by a court order 
or criminal warrant;
E.  Provide office space within a law enforcement agency facility for use by an 
immigration authority for a generalized search of or inquiry about an inmate; or
F.  Contract with the Federal Government for use of a law enforcement agency 
facility to house a person as a federal detainee for immigration enforcement purposes.
With the exception of willful or wanton misconduct, a law enforcement agency that acts 
in good faith compliance with this section in releasing a person subject to a hold request 
is immune from civil or criminal liability as a result of making the release.
2.  Permitted activities.  Notwithstanding the provisions of subsection 1, if an 
activity does not violate a policy of the law enforcement agency or a state or local law or 
policy of the jurisdiction in which the agency is operating, a law enforcement agency 
may:
A.  Investigate, enforce or detain upon reasonable suspicion of or arrest for a 
violation of 8 United States Code, Section 1326 that may be subject to the 
enhancement specified under 8 United States Code, Section 1326(b)(2) and that is 
detected during an unrelated law enforcement activity.  A transfer to an immigration 
authority under this paragraph is permitted only if authorized by a court order or 
criminal warrant;
B.  Respond to a request from an immigration authority for information about a 
specific person's criminal history, including a previous criminal arrest or conviction 
or similar public criminal history record information accessed under Title 16, chapter 
7, when otherwise permitted by state law;
C.  Conduct enforcement or investigative duties associated with a joint law 
enforcement task force, including the sharing of confidential information with 
another law enforcement agency, for the purpose of a task force investigation, if:
(1)  The primary purpose of the joint law enforcement task force is not 
immigration enforcement;
(2)  The enforcement or investigative duties are primarily related to a violation of 
state or federal law unrelated to immigration enforcement; and
(3)  Participation in the task force by the law enforcement agency does not violate 
any state or local law or policy to which the agency is subject;
D.  Make an inquiry into information necessary to certify an individual identified as a 
potential crime or trafficking victim for a visa pursuant to 8 United States Code, 
Section 1101(a)(15)(T) or 1101(a)(15)(U) or to comply with 18 United States Code, 
Section 922(d)(5);
E.  Give an immigration authority access to interview an individual in the custody of 
the agency; or
F.  Arrest or detain a person upon a hold request if the person:
(1)  Has been convicted of a felony;
(2)  Is subject to pending criminal charges when bail has not been set;
(3)  Is subject to an outstanding arrest warrant;
(4)  Is identified as a possible match in the federal terrorist screening database or 
similar database;
(5)  Is subject to a final order of deportation or removal issued by a federal 
immigration authority; or
(6)  Presents an unacceptable risk to public safety as determined by the law 
enforcement agency.
3.  Detention solely for immigration enforcement.  If it is determined that a person 
is being detained solely for the purposes of immigration enforcement, the person must be 
released as soon as possible and may be detained no longer than 48 hours, excluding 
Saturdays, Sundays and federal holidays.
4.  Report to Attorney General.  In addition to the reports required by section 4727, 
a law enforcement agency annually shall submit to the Attorney General a report that 
contains the following information:
A.  If the law enforcement agency participates in a joint law enforcement task force 
for which the agency dedicates personnel or resources on an ongoing basis:
(1)  The purpose of the task force;
(2)  The federal, state and local law enforcement agencies involved;
(3)  The total number of arrests made during the reporting period; and
(4)  The total number of arrests made for immigration enforcement purposes 
during the reporting period; and
B.  The number of transfers to immigration authorities conducted pursuant to a court 
order or criminal warrant and the underlying offense that authorized each transfer.
A report under this subsection is a public record under Title 1, chapter 13 except for 
personally identifying information of a person or information that may endanger the 
safety of a person involved in an investigation or the successful completion of an 
investigation.
5.  Report by Attorney General.  On March 1, 2020, and annually thereafter, the 
Attorney General shall report for the previous calendar year for all law enforcement 
agencies reporting under subsection 4 the total number of arrests made by all joint law 
enforcement task forces and the total number of arrests made for the purposes of 
immigration enforcement, excluding any information that may endanger the safety of a 
person involved in an investigation or the successful completion of an investigation.  The 
Attorney General shall post the report on the Attorney General's publicly accessible 
website.
6.  Exceptions.  This section does not prohibit:
A.  A law enforcement agency from sending to or requesting or receiving from an 
immigration authority information regarding the immigration status of a person or 
maintaining or exchanging that information with any other federal, state or local 
governmental entity under 8 United States Code, Section 1373 or 1644; or
B.  A law enforcement agency from asserting the agency's own jurisdiction over a 
criminal law enforcement matter.
§4725.  Duties of custodial law enforcement agencies
1.  Custodial duties.  A law enforcement agency shall for an inmate in the agency's 
custody:
A.  In advance of an interview between the inmate and an immigration authority 
regarding a civil immigration violation, provide the inmate with a written consent 
form that explains the purpose of the interview, that the interview is voluntary and 
that the inmate may decline the interview or be interviewed only with the inmate's 
attorney present.  If possible, the consent form must be written in the primary 
language of the inmate. This paragraph does not establish a right of counsel that 
otherwise does not exist in law; and
B.  Upon receiving a hold request, provide a copy of the request to the inmate and 
inform the inmate whether the agency intends to comply with the request.
2.  Custodial prohibitions. A law enforcement agency may not:
A.  Restrict access to an in-custody educational or rehabilitative program or good 
behavior credit-earning opportunity on the sole basis of citizenship or immigration 
status, including whether the inmate is in removal proceedings or an immigration 
authority has issued a hold request or civil immigration warrant against the inmate; or
B.  Consider citizenship or immigration status as a factor in determining an inmate's 
custodial classification level, including whether the person is in removal proceedings 
or an immigration authority has issued a hold request or civil immigration warrant 
against the inmate.
§4726.  Model policies and guidance
1.  Model policies.  The Attorney General, in consultation with the appropriate 
stakeholders, shall publish by October 1, 2020, and subsequently update as necessary, a 
model policy for limiting assistance provided to an immigration authority to the fullest 
extent possible consistent with federal and state law at public facilities, including schools, 
libraries, postsecondary education institutions, health facilities and shelters operated by 
the State or a political subdivision of the State; courthouses; and facilities owned or 
operated by a state department, agency, division or political subdivision, to ensure that 
the facilities are safe and accessible to all residents of the State regardless of immigration 
status.  A public facility under this subsection shall implement the model policy and a 
private facility that provides a service related to physical or mental health and wellness, 
education or access to justice is encouraged to adopt the model policy or similar policy.  
The Attorney General may consult with a public or private facility to modify the model 
policy for the facility as determined by the specific characteristics of that facility.
2.  Database protection.  The Attorney General, in consultation with the appropriate 
stakeholders, shall publish by October 1, 2020, and subsequently update as necessary, 
guidance, audit criteria and training recommendations to ensure a database operated by a 
state or local law enforcement agency limits the availability of information for the 
purposes of immigration enforcement to the fullest extent possible consistent with federal 
and state law.  A state or local law enforcement agency may implement the guidance, 
audit criteria and training recommendations published under this subsection.
§4727.  Records
1.  Retention of records.  A law enforcement agency shall retain a copy of a hold 
request and any other request along with any accompanying information or 
documentation provided by an immigration authority and information on the inmate 
subject to the hold request, including:
A.  The inmate's race;
B.  The inmate's gender;
C.  The inmate's place of birth;
D.  The inmate's date and time of arrest;
E.  All of the inmate's charges of arrest;
F.  The date and time of receipt of the hold request;
G.  The date and time that the inmate was taken into custody by the immigration 
authority acting under authority of the hold request;
H.  The inmate's immigration and criminal history known or recorded in the hold 
request;
I.  A listing of any accompanying information or documentation regarding 
immigration status or proceedings; and
J.  Documentation that a copy of the hold request was provided to the inmate as 
required by section 4725, subsection 1, paragraph B.
2.  Report to Attorney General.  A law enforcement agency shall report quarterly to 
the Attorney General all information collected pursuant to this section, except for 
criminal history record information.
SUMMARY
This bill establishes the Maine Liberty Act, which governs the relationship of state 
and local law enforcement agencies, including correctional facilities, with federal 
immigration authorities, including:
1. Prohibiting a law enforcement agency from stopping, investigating, interrogating, 
arresting or detaining a person solely for immigration enforcement purposes, including in 
response to a hold request, immigration detainer or administrative warrant issued by the 
United States Department of Homeland Security, or allowing the United States 
Department of Homeland Security access to inmates, inmate information or law 
enforcement agency facilities or providing law enforcement agency resources or 
personnel to assist immigration enforcement activities;
2. Clarifying that a law enforcement agency upon a request from the United States 
Department of Homeland Security may arrest and detain a person and perform other law 
enforcement duties due to suspected criminal activity or other reasons not solely based on 
the person's immigration status;
3. Establishing the permissible scope of collaboration of a law enforcement agency 
with a joint law enforcement task force and requiring reporting to the Attorney General 
on all arrests made by the task force, including all arrests made for immigration 
enforcement purposes;
4. Requiring a law enforcement agency to release as soon as possible and detain no 
longer than 48 hours a person determined to be held solely for immigration enforcement 
purposes;
5. Establishing duties and prohibitions for law enforcement agencies regarding 
immigration issues of inmates, including requiring the agency to inform an inmate of the 
inmate's rights prior to interview by an immigration authority and whether the agency 
intends to comply with a hold request and prohibiting an agency from restricting access to 
educational programming and good conduct credits or determining an inmate's custodial 
status based upon the inmate's immigration status;
6.  Requiring the Attorney General to publish a model policy regarding limiting 
assistance to immigration authorities in public facilities and publish guidance, audit 
criteria and training recommendations to ensure that a database operated by a state or 
local law enforcement agency limits the availability of database information to 
immigration authorities; and
7. Requiring a law enforcement agency to record certain information regarding hold 
requests and certain other information from immigration authorities received by the 
agency and to report quarterly to the Attorney General on this information.