A new law in Maine, set to take effect Wednesday, will limit state and local law enforcement agencies' cooperation with federal immigration officials, restricting their involvement in civil immigration enforcement.
The "ICE Out of Policing" law prohibits agencies, including jails, from assisting Immigration and Customs Enforcement (ICE) and Border Patrol agents with civil immigration enforcement. This includes a restriction on contacting federal agents for translation services when encountering individuals who do not speak English. Generally, law enforcement agencies are also barred from providing personal information for civil immigration enforcement purposes, though exceptions exist for criminal investigations and legally permitted information exchanges.
The legislation also restricts local and state agencies from holding individuals for ICE solely based on civil immigration enforcement. Jails will be prohibited from notifying ICE about nonpublic inmate release dates or honoring civil detainer requests, with exceptions for serious crimes, outstanding warrants, final removal orders, and certain public safety concerns.
Two other laws are also taking effect. One generally prohibits employees at public schools, state colleges, public libraries, healthcare facilities, and child-care facilities from voluntarily allowing immigration officers into nonpublic areas or granting access to protected records without a judicial warrant. The third law restricts landlords from disclosing tenants' personal information, including immigration status, without consent, while preserving exceptions for warrants, subpoenas, emergencies, and legitimate housing or legal purposes.
These measures became law through a series of actions, with the policing measure enacted without the governor's signature in January. The measure concerning schools, libraries, and healthcare facilities was signed in April, and the tenant privacy law also became law without the governor's signature later that month.
Several Maine cities, including Portland, Lewiston, Waterville, and Rockland, have already implemented their own ordinances restricting local police communication with ICE and Border Patrol. This trend of local governments enacting similar legislation to restrict cooperation with federal immigration authorities is occurring nationwide.
The Maine State Police began adhering to the policing restrictions in December, prior to the law's official effective date. However, some agencies continued contacting immigration officials. Scott Stewart, president of the Maine Chiefs of Police Association, had previously warned that limiting cooperation could lead to federal funding cuts or increased federal enforcement.
Immigrant rights advocates have stated that the new laws will foster greater trust within communities, enhancing public safety regardless of an individual's immigration status. According to the Immigrant Legal Advocacy Project, over 50 incidents last year involved state and local police contacting immigration officials, resulting in arrests. The organization noted that many individuals handed over to ICE or Border Patrol by Maine law enforcement were in lawful immigration processes and had no criminal record.
DOJ Assistant Attorney General of the Civil Division Brett Shumate has indicated that Maine's new laws, similar to those in California, unlawfully regulate federal immigration enforcement.