Immigration

SB 791 (the Community Trust Act) prohibits employees of Maryland state and local correctional facilities from asking about or detaining individuals based on immigration status, notifying federal immigration authorities without a court order, or transferring people to federal authorities without a judicial warrant. It allows limited exceptions only for routine booking procedures or when immigration status affects legal protections under state/federal law or international treaties. The bill requires correctional facilities to adopt compliance policies with penalties for violations and gives affected individuals the right to sue for damages if their rights are breached. This directly affects correctional staff and facilities, not the general public.

HB 1017 prohibits Maryland state or local governments from approving private entities to operate immigration detention facilities unless the facility’s use is explicitly permitted under applicable zoning laws. It defines such facilities as buildings housing individuals for immigration violations (including those with security features like perimeter fencing or locked areas), and clarifies that general "government/institutional" zoning does not cover them. Private operators violating this face civil penalties up to $10,000 per day, and the Attorney General can enforce the law through court actions. The law applies retroactively to existing agreements for facilities intended for immigration detention, regardless of prior permits or investments.