An Act to Prohibit the Disclosure of Nonpublic Records Without
Maine Legislature, Session 132, LD 2106
Committee: Judiciary
Sponsors: SATO, ROTUNDO, FECTEAU, DAUGHTRY
Amends: 20-A MRSA §14, 22 MRSA §1730-B, 22 MRSA §8309, 27 MRSA §109-A

Legislative Document
No. 2106
H.P. 1421
House of Representatives, January 7, 2026
An Act to Prohibit the Disclosure of Nonpublic Records Without 
Proper Judicial Review
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SATO of Gorham.
Cosponsored by Senator ROTUNDO of Androscoggin and
Representatives: DHALAC of South Portland, Speaker FECTEAU of Biddeford, LEE of 
Auburn, MEYER of Eliot, MURPHY of Scarborough, RANA of Bangor, Senators: President 
DAUGHTRY of Cumberland, TALBOT ROSS of Cumberland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the recent increase in immigration law enforcement activity in the State has 
raised questions for persons working in the education, health care and child care sectors; 
and
Whereas, it is in the public interest to ensure that individuals are not discouraged from 
seeking an education, medical care or child care and that public schools, public libraries, 
health care facilities and child care facilities are safe and accessible for all residents of the 
State; and
Whereas, legislation is required to clarify the duties and responsibilities of those 
working in education, health care and child care in the State with regard to cooperating 
with law enforcement officers enforcing immigration laws; and
Whereas, immigration law enforcement activity in the State is ongoing and persons 
working in education, health care and child care require immediate guidance for the safety 
of themselves and others; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §14 is enacted to read:
§14.  Limitation on immigration enforcement in public schools and state 
postsecondary educational institutions
1. Voluntary consent prohibited.  A person acting on behalf of a public school or 
state postsecondary educational institution may not provide voluntary consent permitting a 
law enforcement officer engaged in immigration enforcement or supporting immigration 
enforcement to enter a nonpublic area of the public school or state postsecondary 
educational institution or access, review or obtain student records. For the purposes of this 
section, "law enforcement officer" has the same meaning as in Title 16, section 638, 
subsection 2 and "state postsecondary educational institution" has the same meaning as in 
section 10014, subsection 1, paragraph B.
2. Exceptions.  This section does not prevent compliance with a valid judicial warrant 
authorizing entry into a nonpublic area of a public school or state postsecondary 
educational institution or a search of student records or compliance under exigent 
circumstances. 
This section may not be construed to prohibit or restrict any person acting on behalf of a 
public school or state postsecondary educational institution from sending to or receiving 
from federal immigration authorities information regarding the citizenship or immigration 
status, lawful or unlawful, of an individual; from requesting from federal immigration 
authorities information regarding the citizenship or immigration status, lawful or unlawful, 
of an individual; or from maintaining or exchanging that information with any other federal, 
state or local government entity pursuant to 8 United States Code, Sections 1373 and 1644.
This section does not prohibit a person acting on behalf of a public school or state 
postsecondary educational institution from challenging the validity of a judicial warrant or 
subpoena in a court of law.
Sec. 2.  22 MRSA §1730-B is enacted to read:
§1730-B.  Limitation on immigration enforcement in health care facilities
1. Voluntary consent prohibited. A person acting on behalf of a health care facility 
may not provide voluntary consent permitting a law enforcement officer engaged in 
immigration enforcement or supporting immigration enforcement to enter a nonpublic area 
of the health care facility or access, review or obtain patient records. For the purposes of 
this section, "health care facility" has the same meaning as in Title 5, section 19201, 
subsection 2-B and "law enforcement officer" has the same meaning as in Title 16, section 
638, subsection 2. 
2. Exceptions.  This section does not prevent compliance with a valid judicial warrant 
authorizing entry into a nonpublic area of a health care facility or a search of patient records 
or compliance under exigent circumstances.
This section may not be construed to prohibit or restrict any person acting on behalf of a 
health care facility from sending to or receiving from federal immigration authorities 
information regarding the citizenship or citizenship or immigration status, lawful or 
unlawful, of an individual; from requesting from federal immigration authorities 
information regarding the citizenship or immigration status, lawful or unlawful, of an 
individual; or from maintaining or exchanging that information with any other federal, state 
or local government entity pursuant to 8 United States Code, Sections 1373 and 1644.
This section does not prohibit a person acting on behalf of a health care facility from 
challenging the validity of a judicial warrant or subpoena in a court of law.
Sec. 3.  22 MRSA §8309 is enacted to read:
§8309.  Limitation on immigration enforcement in child care facilities and family child 
care providers
1.  Voluntary consent prohibited.  A person acting on behalf of a child care facility 
or family child care provider may not provide voluntary consent permitting a law 
enforcement officer engaged in immigration enforcement or supporting immigration 
enforcement to enter a nonpublic area of the child care facility or home of a family child 
care provider or access, review or obtain records held by a child care facility or family child 
care provider. For the purposes of this section, "law enforcement officer" has the same 
meaning as in Title 16, section 638, subsection 2.
2.  Exceptions.  This section does not prevent compliance with a valid judicial warrant 
authorizing entry into a nonpublic area of a child care facility or home of a family child 
care provider or a search of records held by the child care facility or family child care 
provider or compliance under exigent circumstances.
This section may not be construed to prohibit or restrict any person acting on behalf of a 
child care facility or family child care provider from sending to or receiving from federal 
immigration authorities information regarding the citizenship or immigration status, lawful 
or unlawful, of an individual; from requesting from federal immigration authorities 
information regarding the citizenship or immigration status, lawful or unlawful, of an 
individual; or from maintaining or exchanging that information with any other federal, state 
or local government entity pursuant to 8 United States Code, Sections 1373 and 1644.
This section does not prohibit a person acting on behalf of a child care facility or family 
child care provider from challenging the validity of a judicial warrant or subpoena in a 
court of law.
Sec. 4.  27 MRSA §109-A is enacted to read:
§109-A.  Limitation on immigration enforcement in public libraries
1.  Voluntary consent prohibited.  A person acting on behalf of a public library may 
not provide voluntary consent permitting a law enforcement officer engaged in immigration 
enforcement or supporting immigration enforcement to enter a nonpublic area of the public 
library or access, review or obtain records held by the public library. For the purposes of 
this section, "law enforcement officer" has the same meaning as in Title 16, section 638, 
subsection 2.
2.  Exceptions.  This section does not prevent compliance with a valid judicial warrant 
authorizing entry into a nonpublic area of a public library or a search of records held by the 
public library or compliance under exigent circumstances.
This section may not be construed to prohibit or restrict any person acting on behalf of a 
public library from sending to or receiving from federal immigration authorities 
information regarding the citizenship or immigration status, lawful or unlawful, of an 
individual; from requesting from federal immigration authorities information regarding the 
citizenship or immigration status, lawful or unlawful, of an individual; or from maintaining 
or exchanging that information with any other federal, state or local government entity 
pursuant to 8 United States Code, Sections 1373 and 1644.
This section does not prohibit a person acting on behalf of a public library from challenging 
the validity of a judicial warrant or subpoena in a court of law.
Sec. 5.  Model policies and guidance for public schools, state postsecondary 
educational institutions, health care facilities, child care facilities, family child 
care providers and public libraries. By January 1, 2027, the Attorney General shall 
publish model policies and guidance for public schools and state postsecondary educational 
institutions, health care facilities, child care facilities, family child care providers and 
public libraries related to limiting voluntary assistance with immigration enforcement 
activity at public schools and state postsecondary educational institutions pursuant to the 
Maine Revised Statutes, Title 20-A, section 14; health care facilities pursuant to Title 22, 
section 1730-B; child care facilities and family child care providers pursuant to Title 22, 
section 8309; and public libraries pursuant to Title 27, section 109-A to the fullest extent 
possible consistent with federal and state law and ensuring that public schools, state 
postsecondary educational institutions, health care facilities, child care facilities, family 
child care providers and public libraries remain safe and accessible to all state residents 
regardless of immigration status. Public schools, state postsecondary educational 
institutions, health care facilities, child care facilities, family child care providers and 
public libraries shall adopt the published policies and guidance or establish equivalent 
policies and guidance within 6 months of the Attorney General's publishing of the model 
policies and guidance.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill prohibits a person acting on behalf of a public school, state postsecondary 
educational institution, health care facility, child care facility, family child care provider or 
public library from providing voluntary consent permitting a law enforcement officer 
engaged in immigration enforcement or supporting immigration enforcement to enter a 
nonpublic area of a public school, state postsecondary educational institution, health care 
facility, child care facility, home of a family child care provider or public library or access, 
review or obtain student, patient or library records. The bill also requires the Attorney 
General to publish, by January 1, 2027, model policies and guidance for public schools, 
state postsecondary educational institutions, health care facilities, child care facilities, 
family child care providers and public libraries related to limiting voluntary assistance with 
immigration enforcement activity to the fullest extent possible consistent with federal and 
state law. Public schools, state postsecondary educational institutions, health care facilities, 
child care facilities, family child care providers and public libraries must adopt the 
published policies and guidance or establish equivalent policies and guidance within 6 
months of the Attorney General's publishing of the model policies and guidance.