An Act to Protect
Maine Legislature, Session 132, LD 1971
Committee Amendment CA_A_H751 (House)

COMMITTEE AMENDMENT "/T' to H,P. 1315, L.D.. 1971, "An Act to Protect
Workers m This State by Clarifying the Relationship of State and Local Law Enforcement
Agencies with Federal Immigration Authorities"
Amend the bill in section 1 in c. 337-E in §4761 by striking out all of subsection 1
(page 1, lines 8 and 9 in L.D.).
Amend the bill in section 1 in c. 337-E in §4761 by renumbering the subsections to
read consecutively.
Amend the bill in section 1 in c. 337-E by strikmg out all of §§4762 to 4764 (page 2,
lines 3 to 39; page 3, lines 1 to 40; page 4, lines 1 to 40; and page 5, lines 1 to 6 in L.D.)
and inserting the following:
'§4762. Activities unaffected
This chapter may not be construed to prohibit:
1. Exchangin^^^ consistent with federal law. A law enforcement agency
from sendine to or requesting or receiving from an immigration authority Jnformation
regarding the immigration status of a person or maintamin^o^exchanfimg that infoi-mation
with any other federal. state or local governmental entity under 8 United States Code,
Section 1373 or 1644; or
2. Actions against person pursuant to certain criminal laws. A law enforcement
agency from investigatine. lawfully detainme, executing a criminal wan'ant or takmg other
action against a person pursuant to state_cnmmal law or federal law as provided in section
4763. subsection 2.
S4763. Prohibited activities
1. Prohibited activities. A law enforcement aeency 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 for immigration
enforcement purposes, includine;
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT " /-I" to H,P. 1315, L.D, 1971
(11 Inquiring into a person's immigration status;
(2) Detainine a person solely on the basis of a hold request;
.(3) Providine to immigration authorities information reeardine the person's release
date unless that information is available to the public;
{4)__Providme to immieration authorities uersonal mformation about the person.
including the person's home_address or work address;
(5) Making or mtentionally participating m an arrest based uBon a holdreguest;
C6) Assisting unmieration authorities in activities described in 8 United States
Code. Section 1357(0^3'): or
C7) Performing the fanctions_of an immigi'ation authQrity;
B, Place a law enforcement officer under the supervision of a federal agency or emplov
a law enforcement officer deputized as a special federal officer or special federal
deputy for immieration enforcement;
C. Use an agent or emplovee of an munigration authority as an interpreter for local
law enforcement agency matters regardine a person in the law enforcement agency's
custody; or
D, Transfer a person to an immigration authority unless authorized by a court order or
criminal warrant
With the exception of willful or wanton misconduct, a law enforcement agency that acts in
goodiaith 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 aeencv may;
A. Investigate, take enforcement action against or detain a person upon reasonable
suspicion of or an'est a person for a violation of 8 United States Code. Section 1326
that may be subject to the enhancement specified under 8 United States Code, Section
13 26fb)f2') 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 similai"
public criminal history record information accessed under Title 16. chapter 7. when
otherwise permitted by state law;
C. Conduct enforcement or mvestigative duties associated with a joint law
6 enforcement task force, including the execution of a warrant or sharing of confidential
7 information with a federal law enforcement agency or another law enforcement agency,
8 for the purpose of a task force investigation, if:
(1) The primary purpose of the j oint law enforcement task force is not immigration
enforcement;
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT "-M" to H.P, 1315, L,D. 1971
(21 The enforcement or investieative duties are primarily related to a violation of
state or federal law, including but not limited to terrorism, drug trafficking or
human trafficking; and
(31 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
1 lOKaYlSim or HOira)d5)fU) or to comply with 18 United States Code. Section
922Cdy5); or
E. Give an immigration authority access to interview an individual in the custody of
the agency, as long as the unmigration_ authority's interview request is supported by a
valid court order.
§4764. Duties of custodial law enforcement agencies
A law enforcement agency shall, for an inmate in the agency's custody;
1. Written consent for voluntary interview. 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 mtervjew,, that the
interview isvoluntary and that the inmate may.decUne the interview or be interviewed only
with the inmates attorney present. The consent form must be written in the primary
language of the inmate and read to the inmate by a personwhpjs not an immigration
authority. This paragraph does not establish a right of counsel that otherwise does not exist
in law; and
2. Notice of hold request. Upon receiving a hold request, provide a^ coov of the
request to the inmate and mfonn the inmate^ that the law enforcement agency is prohibited
under section 4763 from detaining an inmate based solelv_on the hold request,
S4765. Records
A law enforcement agency shallm^GiGasQnsibie effo^ to retain for a period of 4
years a coov of a hold request and any other request alone with any accompanying
infQrmation or documentation provided by an immigration authorifry and information on
0 the inmate subject to the hold request.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, .reorganizes and
amends the language of the bill to clarify which interactions between state and local law
enforcement agencies and immigration authorities are permitted and which are prohibited.
The amendment:
1. Clarifies that this legislation does not prohibit communication between state and
local law enforcement agencies and federal, state or local immigration authorities, as
provided by 8 United States Code, Sections 1373 and 1644;
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/-I " to H,P. 1315, L.D,1971
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2, Clarifies that this legislation does not prohibit state and local law enforcement from
conducting investigative and enforcement duties as part of a joint law enforcement task
force, including by executing criminal warrants or sharing information with federal law
enforcement agencies, as long as the primary purpose of the joint law enforcement task
force is not immigration enforcement and the enforcement or investigative duties of the
task force are primarily related to a violation of state or federal law, including terrorism,
drug trafficking or human trafficking;
3. Authorizes a federal, state or local immigration authority to interview an individual
in the custody of state or local law enforcement if the immigration authority's request to
interview the individual is supported by a valid court order;
4. Clarifies that a state or local law enforcement agency may not detain a person solely
on the basis of a hold request and provides that, when it receives a hold request, a state or
local law enforcement agency is required to provide a copy of the request to the inmate and
inform the inmate that the agency is prohibited by law from detaining the person based
solely on the hold request;
5. Removes the provision of the bill that prohibits state and local law enforcement
agencies from providing office space within a law enforcement agency facility for use by
an immigration authority;
6. Removes the provision of the bill that prohibits state employees from inquiring about
a person's immigration statis unless the inquiry is necessary for the determination of
program, service or benefit eligibility or is required by federal or state law or by court order;
and
7, Streamlines the record-keeping requh-ements of the bill and requu-es that a law
enforcement agency make reasonable efforts to retain a copy of a hold request or other
request along with accompanying mfonnation and documentation from an immigration
authority for a period of 4 years, rather than mdefmitely as in the bill.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 06/10/25
L-Ki-
LD 1971 LR 978(02)
An Act to Protect Workers in This State by Clarifying the Relationship of State and Local Law
Enforcement Agencies with Federal Immigration Authorities
Fiscal Note for Bill as Amended by Committee Amendment '/•{' / H —
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Potential current biennium revenue decrease - Federal Expenditures Fund
Fiscal Detail and Notes
The bill prohibits certain activities between law enforcement agencies and federal immigration and customs
enforcement agencies. Several existing Department of Public Safety federal grants contain tenns and conditions
requu-ing cooperation with immigration enforcement efforts. To the extent any prohibitions conflict with these terms
and conditions, federal funding could be reduced or eliminated. These federal grants total approximately $14 million,
LR0978(02) - Fiscal Note - Page 1 of 1