This bill prohibits Maryland government entities and contractors from entering into agreements to detain individuals in facilities owned, managed, or operated by private companies. It also bars state and local governments from paying for, subsidizing, or providing financial incentives related to the construction, operation, or management of privately run detention facilities. The law defines detention facilities broadly to include correctional, immigration, and other facilities used to detain people, while still allowing private companies to provide ancillary services like education, medical care, and maintenance. Additionally, the bill prevents government agencies from approving zoning variances or permits for buildings intended for private detention use, with an effective date of October 1, 2026.
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.
SB 984 prohibits Maryland state and local governments from approving private companies to operate immigration detention facilities in buildings unless the facility's use is explicitly permitted by local zoning laws. It defines an immigration detention facility as any building housing individuals in involuntary custody, including those with perimeter security, locked areas, or controlled access points. Private operators violating this law face civil penalties up to $10,000 per day, and the Attorney General can enforce the law through court action. The bill also applies retroactively to existing agreements for facilities intended for immigration detention, regardless of prior permits or construction investments.
SB 985 requires Maryland's Secretary of Public Safety to establish minimum mandatory standards for immigration detention facilities, directly affecting people held for immigration violations (civil detainees) and the facilities housing them. The bill mandates standards covering security, safety, food, housing, sanitation, and individual rights, while creating new reporting obligations for health care workers and security guards who must report violations to the Commission on Correctional Standards. It grants the Commission expanded authority to inspect facilities, enforce compliance, shut down life-threatening facilities, and require disciplinary action against non-reporting staff. The law also updates reporting requirements for facility operators and authorizes the Attorney General to sue private facility operators for violations.
HB 1018 establishes minimum mandatory standards for the care, custody, and conditions of individuals held in Maryland's immigration detention facilities. It directly affects immigration detainees, facility operators (including private entities), and healthcare/security staff who must report violations. Key provisions require the Secretary of Public Safety to adopt regulations covering safety, housing, food, and rights; mandate facility inspections and annual certifications; and authorize the Commission to shut down facilities deemed life-threatening or health-endangering. The bill also obligates staff to report violations with disciplinary consequences for non-compliance and allows the Attorney General to sue private facility operators for violations.
HB 1575, the Community Trust Act, prohibits state and local correctional facilities and their employees from detaining individuals or sharing information with federal immigration authorities based on immigration status, except when required by a judicial warrant or for routine booking. It bans asking about citizenship, prolonging detention for immigration reasons, transferring individuals to immigration authorities without a warrant, or coercing people based on immigration status. Exceptions include when immigration status relates to legal protections under state/federal law or international treaties, allowing facilities to notify individuals or offer voluntary disclosure. Correctional facilities must adopt policies with penalties for violations, and affected individuals can seek damages or injunctions if harmed by a breach.
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.
SB 792 requires the State Health Services Cost Review Commission to create and publish a model policy for hospitals regarding immigration enforcement actions. It also mandates that certain hospitals in Maryland develop their own policies based on this model. The bill amends specific sections of Maryland's health code to implement these requirements, focusing on standardizing how hospitals address immigration enforcement within their facilities. This directly affects designated hospitals by making written policies on immigration enforcement a formal requirement.
HB 444 prohibits Maryland state and local governments, including county sheriffs and agencies, from entering into new agreements with federal authorities to enforce civil immigration law. It requires existing agreements to be terminated by July 1, 2026, or immediately upon the law’s effective date (June 1, 2026). The bill specifically targets contracts, memorandums, or agreements that allow local entities to assist in federal immigration enforcement under federal laws like 8 U.S.C. § 1103 or § 1357. This directly affects local law enforcement agencies and government bodies that previously collaborated with federal immigration authorities. The law aims to prevent state/local resources from being used for immigration enforcement under federal programs.
HB 630 prohibits private entities from operating immigration detention facilities in buildings not originally designed and constructed for housing or detaining people. It specifically bans converting existing structures (like warehouses or offices) into detention centers. The bill also prevents state/local governments from entering agreements, providing funding, or approving zoning for such facilities operated by private entities. This directly affects private operators seeking to establish immigration detention centers and local governments considering facility partnerships.
