Maryland § 5-104

§ 5-104.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Civil immigration violation” means a violation of federal civil immigration law.

        (3)    “Family member” means a relative by blood, adoption, or marriage.

        (4)    “Household member” means a person who lives with another or is a regular presence in the home of another.

        (5)    (i)    “Law enforcement agent” means an individual who is certified by the Maryland Police Training and Standards Commission under § 3–209 of the Public Safety Article.

            (ii)    “Law enforcement agent” does not include an agent or employee of a State correctional facility or a local correctional facility.

        (6)    “Local correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.

        (7)    “State correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.

    (b)    (1)    In this subsection, “arrest” does not include a routine booking procedure.

        (2)    Except as provided in paragraphs (3) and (4) of this subsection, a law enforcement agent may not, during the performance of regular police functions:

            (i)    inquire about an individual’s citizenship, immigration status, or place of birth during a stop, a search, or an arrest;

            (ii)    detain, or prolong the detention of, an individual:

                1.    for the purpose of investigating the individual’s citizenship or immigration status; or

                2.    based on the suspicion that the individual has committed a civil immigration violation;

            (iii)    transfer an individual to federal immigration authorities unless required by federal law; or

            (iv)    coerce, intimidate, or threaten any individual based on the actual or perceived citizenship or immigration status of the individual or:

                1.    the individual’s family member;

                2.    the individual’s household member;

                3.    the individual’s legal guardian; or

                4.    another individual for whom the individual is a legal guardian.

        (3)    Nothing in this subsection shall prevent a law enforcement agent from inquiring about any information that is material to a criminal investigation.

        (4)    If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a law enforcement agent may:

            (i)    notify the individual of the protection or requirement; and

            (ii)    provide the individual an opportunity to voluntarily disclose the individual’s citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.