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MD HB495

MD HB495
Criminal Procedure - Immigration Arrest - Immunity in Connection With Court Proceeding


summary

Introduced
01/27/2026
In Committee
01/27/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Providing that a certain individual duly and in good faith attending a certain court proceeding is immune from a certain immigration arrest in connection with attendance at a court proceeding under certain circumstances; and prohibiting a person from making an arrest in violation of the Act.

AI Summary

This bill establishes immunity from immigration arrest for individuals attending court proceedings in Maryland, including parties, potential witnesses, and their family or household members, while they are traveling to, present at, or returning from court, unless a valid judicial warrant authorizes the arrest. An "immigration arrest" is defined as taking someone into custody solely or primarily because they are suspected of violating civil immigration law, which is also defined within the bill. The bill prohibits anyone from making an immigration arrest that violates this immunity, with stricter penalties, including felony charges and longer prison sentences, for arrests that result in serious bodily injury. It also allows individuals facing such unlawful arrests to sue for declaratory and injunctive relief, and to recover attorney's fees and court costs, with the Attorney General also empowered to bring such actions on behalf of the state or its residents. This measure aims to ensure that individuals can participate in the court system without fear of immigration enforcement, though it does not prevent law enforcement from acting in good faith to maintain public safety within a courthouse.

Committee Categories

Justice

Sponsors (1)

Last Action

House Judiciary Hearing (13:00:00 2/25/2026 ) (on 02/25/2026)

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