An Act Making Supplemental Appropriations and Allocations from. the
Maine Legislature, Session 132, LD 2212
Committee Amendment CA_A_HA_E_H1011 (House)

HOUSE AMENDMENT " £ » to COMMITTEE AMENDMENT "A" to H.P. 1491,
L.D. 2212, "An Act Making Supplemental Appropriations and Allocations from. the
General Fund and Other Funds for (he Expenditures of State Government and Changing
Certam Provisions of the Law Necessary to the Proper Operations of State Government for
the Fiscal Years Ending June 30,2026 and June 30,2027"
Amend the amendment by inserting after Part HHHH the following;
-PART im
Sec.mi-1. 5 MRSA Pt. 32 is enacted to read:
PART 32
IMMIGRATION INFORMATION SHARING
CHAPTER 641
IMMIGRATION STATUS
826001. Short title
This chapter may be known and cited as "the Public Safety and Protection Act,"
826002. Definitions
As used in this chapter, unless the context otherwise indicates, the followina terms
have the following tneaninps.
L JFederal immieration aeencv. "Federal itnmigration aeencv" means the United
States Deoartment of Justice, the United States Department of Homeland Security or any
division within either of those departments, includine but not limited to United States
Immifiration and Customs Enforcement. United States Customs and Border Protection or
any successor agency or any other federal agency charged with the enforcement _or
administration of immieration or border control.
HOUSE AMENDMENT
HOUSE AMENDMENT " £f " to COMMITTEE AMENDMENT "A" to H,P. 1491, L.D.2212
2. Government entity. "Government entity" means a state eovenunent entity. state
^ 2 govenunent entity official. local government entity, local aovemment entity official, law
enforcement aeencv or law enforcement aeency official.
3. Immieration detainer. "Immieration detainer" means a faciallv sufficient written
or electronic request issued by a federal immieration aeencv using that agency's official
form to request that another law enforcement aeencv detain a person based on probable
cause to believe that the person to be detained is a removable alien under federal
inynieration law. includme detainers issued pursuant to 8 United States Code. Sections
1226 to 1232 and 8 United States Code. Section 1357. For the purposes of this subsection.
an immieration detainer is faciallv sufficient if:
A, The federal immieration agency's official form is comolete and indicates on its face
that the federal imtnieration aeencv has probable cause to believe that the person to be
detained is a removable alien under federal immieration lawior
B, The federal immigration aeencv's official form is incomplete and fails to mdicate
on its face that the federal immieration aeencv has probable cause to believe that the
oersQtt to be detained isa removable alien under federal immiaration law. but is
supported bv an affidavit, order or other official documentation, such as a Form 1-200
Warrant for Arrest of Alien or a Form 1-205 Warrant of Removal and Deportation, or
a successor warrant or other warrant authorized by federal law. that indicates that the
federal immiaration aeenov has probable cause to believe that the person to be detained
is a removable alien under federal immigration law.
4. Immieration law. "Immieration law" means the laws of this State or federal law
relatine to immigrants or imjmieration. includina but not limited to the federal Immiaration
and Nationality Act.
5. Inmate. "Inmate" means a person in the custody of a law enforcement aeencv.
6^ Law enforcement aeencv. "Law enforcement aRency" means an agency m 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
municiDal oolice departments; sheriffs1 departments; the State Police; if a university or
college has an organized police department, the campus oolice: and the Department of
Public Safety.
7. Law enforcementaemiCY official. "Law enforcement agency official" means a
person havine official duties as a representative, aeent or employee of a law enforcement
aeenc
5 8. Local eovernment entity. "Local govemment entity" means a county, municipalitv
or other political subdivision of the State.
9. Local eovernment entity official. "Local eovemment entity official" means a
person having official duties as a representative, agent or employee of a local government
entity.
10. State eovernment entity. "State eovemment entity" means a department, agency.
bureau, commission, council or other entity established under the laws of the State.
Page2-132LR3049(26)
HOUSE AMENDMENT
^
Q
HOUSE AMENDMENT "fc, " to COMMITTEE AMENDMENT "A" to H,P. 1491,L,D. 2212
11. State eovernment entity official. "State eovemment entity official" means a
person having official duties as a representative, apent or employee of a state government
entity.
§26003. Prohibited nractices reeardine immieration euforcement
A state government entity, local goyemmenLentitv or law enforcement afiencv may not
adopt or maintain a law. ordinance, resolution, rule. reaulation. policy, directive, order.
practice or procedure, formal or informal, written or unwritten. that prohibits or materially
restricts the state government entity, local eovemment entity or law enforcement agency
from complvina with or assisting in the enforcement of Jmmieration law. including, but not
limited to. m'ohibitine or materially restnctine the state Bovemment entity, local
eovemment entity or law enforcement apencv from prohibitine or otherwise materiallv
restricting any state government entity, local sovemment entity or law enforcement agency
from assisting in the enforcement of immifiTation law. This section apolies to prohibitions
or restrictions on:
1. Inquiries into status. Inquiries into the immieration status of any Derson:
2. Information relating to status. Transmittine. reauestine or receivins information
relatine to immigration status. lawful or unlawful, of any person to or fTom any federal
immieration aaencv:
3. Maintainine information. Maintaining, archivine or otherwise storine for
subsequent use information relating to a person's immiaration status;
4. Exchaneine information. Exchaneine information relatina to immieration stahis
with another local government entity or state eovemment entity or a federal immigration
aaencv;
5. Comnlvine with detainer. Comolvine with an immieration detainer. including,
but not limited to. refusme to cooperate or comply with a lawfully issued immiBration
detainer in the absence of a warrant or other order directine compliance with or
enforcement of such an immieration detainer:
6. Complvine with request to notify. ComolvmB with a request from a federal
immieration aeencv to notify the aeencv before the release of an inmate:
7. Providlne incarceration status. Providine a federal immieration aeencv with an
inmate's incarceration status or release date;
8. Assistine federal immieration aeencv. Assistine or coooeratine with a federal
immieration aeencv. includine by orovidme enforcement assistance,
9. Participatine in nroeram. Participatine in any proeram or agreement authorized
under the federal Immieration and Nationality Act. 8 United States Code. Section 1357fs'):
and
10. Permittine officer to enter jail. Pemnttme a federal inunieration officer to enter
and conduct enforcement activities at a municipal iail. county iail. state prison or other
correctional facility mvolvinRor related to the enforcement of federal immieration laws,
§26004. Comolaint m'ocess: aoueals
1. Resident comulaints and Leelslator requests submitted to Attorney General.
A resident of the State may submit a complaint to the Attorney General asserting a violation
Page3-132LR3049(26)
HOUSE AMENDMENT
HOUSE AMENDMENT "fc " to COMMm-EE AMENDMENT "A" to H,P. 1491, L.D. 2212
^1 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 investJRate and issue an omnion as to whether a
eovernment entity has violated section 26003.
2. Attorney General investieation. After receivine a complaint or request under
subsection 1. the Attomev General shall investieate and determine whether a violation of
section 26003 has occurred, If after the investieation the Attorney General determines that
a violation of section 26003 has occurred, the Attorney General shall issue an ooiniQnJhat
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 aovemment entity has violated section 26003. the
govemmeQt 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 yjolation of section 26003. A eovernment
entity that fails to complv with an miunction is subject to a fine of $500 for each day
the Bolicv or practice of the aovemment entity remains in effects
B. If the Superior Court overturns the Attorney General's findings, the Attorney
General shall immediately certify that the eovemment entity is in compliance with
section 26003.
S26005. Duty to report
A state eovemment entity official, local eovemment entity official, law enforcement
aeencv official or oerson holdine public office shall report a violatioA of section 26003 bv
submitting a comolairit to the Attorney General pursuant to section 26004. subsection 1, A
oerson who reports a violation imder this section is protected under the federal
Whistleblower Protection Act of 1989.
§26006, ImDlementatiQn
This chapter must be implemented in a manner consistent with federal laws resulatitie
immieration. orotectine the civil riehts of all persons and respectine the orivileges and
immunities of citizens of the United States. In complvina with the requirements of this
2 chapter, a eovemment entity may not consider a person's race. color or national origin.
except to the extent permitted by the United States Constitution and the Constitution of
Maine.
Sec. IIII-2. Appropriations and allocations. The following appropriations and
allocations are made.
ATTORNEY GENERAL, DEPARTMENT OF THE
Administration - Attorney General 0310
Initiative; Provides funding for one Assistant Attorney General position, one part-time
Attorney General Detective position and related costs to administer and enforce the
provisions of this legislation.
GENERAL FUND 2025-26 2026-27
Page4"132LR3049(26)
HOUSE AMENDMENT
^
^ HOUSE AMENDMENT " £ " to COMMITTEE AMENDMENT "A" to H.P, 1491, L,D, 2212
t^
POSITIONS-LEGISLATIVE COUNT 0,000 1.500
Personal Services $0 $272,756
All Other $0 $12,500
GENERAL FUND TOTAL $0 $285,256
Amend the amendment by relettermg or renumbering any nonconsecutive Part letter or
section number to read consecutively.
SUMMARY
This amendment establishes prohibitions concerning restricting the sharing and use of
immigration and citizenship information. It prohibits restricting the enforcement of federal
immigratioa law. It establisties a complaint process and a duty to report violations of these
provisions.
SPONSORED BY: _/j
(Representative SMITH, K.)
TOWN: Palermo
FISCAL NOTE REQUIRED
(See attached)
HOUSE AMENDMENT
Approved: 04/08/26 I^Kt.
LD 2212 LR 3049(26)
An Act Making Supplemental Appropriations and Allocations from the General Fund and Other
Funds for the Expenditures of State Government and Changing Certain Provisions of the Law
Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2026
and June 30, 2027
Fiscal Note for House Amendment '^" to Committee Amendment "A" (\\- j(
Sponsor; Rep. Smith ofPalermo
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $0 $285,256 $296,422 $323,9^"
Appropriations/Allocations
General Fund $0 $285,256 $296,422 $323,907
Correctional and Judicial Impact Statements
This amendment may increase the number of civil suits filed in the court system. The additional workload associated
with the minimal number of new cases filed in the court system does not require additional funding at this time. The
collection of additional filing fees will increase General Fund revenue by minor amounts.
Fiscal Detail and Notes
The amendment includes a General Fund appropriation to the Office of the Attorney General of $285,256 in fiscal
year 2026-27 for one Assistant Attorney General position, one part-time Attorney General Detective position and
related costs to administer and enforce the provisions of this legislation.
A balanced budget is maintained,
LR3049(26) - Fiscal Note - Page 1 of 1