Bill > H5158

This bill, known as the PROTECT Act, aims to regulate state and local involvement in federal immigration enforcement by establishing new requirements and limitations. It mandates that individuals applying for certification or recertification in certain roles must disclose any past employment or contracts with U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), with this information used to assess training needs and ensure compliance with state standards, though prior federal employment alone will not be a disqualifier. The bill also imposes significant obligations on correctional facilities that house individuals under federal civil immigration authority, requiring them to provide detained individuals with written notices about their legal rights, including the right to counsel and to decline interviews with federal immigration authorities, and to ensure confidential attorney-client communication. These facilities must also maintain a secure, non-public locator system for detained individuals and provide meaningful language access for essential interactions. Furthermore, law enforcement agencies are prohibited from inquiring about a person's immigration or citizenship status unless directly relevant to a specific criminal offense being investigated and documented, and they cannot use state or local resources to facilitate federal civil immigration enforcement actions, nor can they share nonpublic personal information or provide advance notice of release to federal immigration authorities, with limited exceptions for specific criminal public safety purposes requiring a rigorous approval process. Finally, the bill protects individuals from civil immigration arrests within courthouses or during direct travel to and from them, unless supported by a judicial warrant, and prohibits court officers and employees from facilitating such arrests or providing access to nonpublic courthouse areas for them without a warrant, while also establishing a process for certifying victims of certain crimes and human trafficking to assist them in obtaining nonimmigrant visas.

Justice

https://malegislature.gov/Bills/194/H5158