An Act To Facilitate Compliance with Federal Immigration Law by State and Local Government Entities
Maine Legislature, Session 130, LD 1378
Committee: Judiciary
Sponsors: LYFORD

Legislative Document
No. 1378
H.P. 1012
House of Representatives, April 7, 2021
An Act To Facilitate Compliance with Federal Immigration Law by 
State and Local Government Entities
Received by the Clerk of the House on April 5, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative LYFORD of Eddington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA Pt. 32 is enacted to read:
PART 32
IMMIGRATION INFORMATION SHARING
CHAPTER 641
IMMIGRATION STATUS
§26001.  Short title
This chapter may be known and cited as "the Public Safety and Protection Act."
§26002.  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 United States Immigration and Customs Enforcement 
and 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 an 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 a 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.
§26003.  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 an 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 another government entity or a federal agency;
D.  Using such information to determine eligibility for a public benefit, service or 
license provided by federal law or a law of the 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 the State or its 
political subdivisions or under a judicial order issued pursuant to a civil or criminal 
proceeding in the 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.  A government 
entity 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.
§26004.  Complaint process; appeals
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 26003 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 that the Attorney General investigate and issue an opinion as to whether a 
government entity has violated section 26003.
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 26003 has occurred. If after the investigation the Attorney General determines that 
a violation of section 26003 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.
3.  Review of Attorney General findings.  If the Attorney General issues an opinion 
pursuant to subsection 2 that a government entity has violated section 26003, the 
government entity has 30 days from the date the opinion was issued to contest the finding 
in Superior Court.
A.  If the Superior Court affirms the Attorney General's findings, the court shall 
immediately enjoin the policy or practice in violation of section 26003.  A government 
entity that fails to comply with an injunction is subject to a fine of $500 for each day 
the policy or practice of the government entity remains in effect.
B.  If the Superior Court overturns the Attorney General's findings, the Attorney 
General shall immediately certify that the government entity is in compliance with 
section 26003.
§26005.  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 26003 by 
submitting a complaint to the Attorney General pursuant to section 26004, subsection 1.  A 
person who reports a violation under this section is protected under the Whistleblowers' 
Protection Act.
§26006.  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 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.