Bill > H5305

This bill aims to promote the rule of law and equal treatment by establishing new regulations and guidelines concerning immigration enforcement, detention facilities, and victim assistance. It restricts "civil immigration enforcement," which refers to efforts to investigate or enforce federal civil immigration laws, in nonpublic areas of state entities unless required by law, with the Governor having the authority to limit such activities. The bill mandates that state agencies and private entities develop multilingual guidelines for interacting with law enforcement during civil immigration enforcement, including how to verify officers' authority and judicial warrants. Furthermore, it requires correctional facilities to provide detained individuals with written notices about their rights, including the right to legal counsel and to decline interviews, and ensures confidential attorney-client communications and timely updates on transfers. Local law enforcement officers are prohibited from making "civil arrests" (arrests not related to criminal prosecution, contempt of court, or specific warrants) within courthouses unless they have a judicial warrant or order, and such arrests are generally forbidden in courtrooms. The bill also clarifies that local law enforcement should not inquire about a person's immigration status unless there's a specific, documented reason related to a criminal offense and restricts the use of state resources for federal civil immigration enforcement, including prohibiting the sharing of nonpublic personal information or advance notice of release dates to federal immigration authorities, with exceptions for criminal public safety purposes under strict conditions. Finally, it establishes a framework for certifying victims of qualifying criminal activity and human trafficking to petition for certain visas, ensuring that certification decisions do not consider immigration admissibility beyond federal requirements and prohibiting retaliation against those seeking certification or reporting crimes.

House Committee on Ways and Means (House)

https://malegislature.gov/Bills/194/H5305