In this subtitle, the following terms have the meanings indicated. “Agency” has the meaning stated in § 4-101(b) of the City General Provisions Article. “Immigration enforcement action” means any and all efforts conducted by an immigration official for the purpose of locating, apprehending, detaining, or removing an individual who the immigration official believes is violating federal immigration law. “Immigration enforcement action response plan” or “plan” means a set of policies and procedures adopted by an agency to guide the agency’s preparation for and response to an interaction with an immigration official. “Immigration official” means any employee of the United States Department of Homeland Security, any employee of United States Immigration and Customs Enforcement, or any federal official who engages in an immigration enforcement action.

An agency may not, unless required by federal law, State law, or a court order:enter into an agreement for the purpose of housing individuals subject to detention on civil immigration charges; enter into an agreement for any purpose related to the enforcement of federal immigration laws; expend or use City funds, resources, or personnel to investigate, question, apprehend, detain, or arrest an individual solely for an actual or suspected violation of federal immigration law; condition the provision of a City service or benefit on the actual or perceived citizenship or immigration status of the individual seeking that service or benefit; allow an immigration official to access a space that is not regularly accessible to the public within a facility operated by an agency; allow an immigration official to access an individual who is being detained by or is in the custody of an agency; allow an immigration official to use an agency’s facilities, information, or equipment for an immigration enforcement action purpose; allow an immigration official to use any space owned, leased, operated, or controlled by the agency, including a park, a recreational area, or another public facility, for the purpose of staging, coordinating, planning, or conducting an immigration enforcement action without a valid permit issued by the City; or allow an immigration official to access any information regarding an individual who is the subject of an immigration enforcement action, unless the individual has consented to the disclosure. An agency may not coerce, intimidate, threaten, or act with bias against any individual based on actual or perceived citizenship or immigration status of the individual or their family. If an agency receives a request from an immigration official for information regarding an individual, to detain an individual, or to notify immigration officials of that individual’s location, the agency shall, unless prohibited by federal law, State law, or a court order:ask for and document the immigration official’s identification; if the request made by an immigration official was in writing, provide a copy of that request to the individual in question; and notify the individual in question within 48 hours.

An agency may not: ask an individual to disclose their citizenship or immigration status unless the information is required by a law, a court order, or is necessary for a City function; store any information regarding an individual’s citizenship or immigration status, unless the information is required by a law, a court order, or is necessary for a City function; or investigate or assist in an investigation regarding an individual’s citizenship or immigration status, unless the inquiry or investigation is required by law, a court order, or a judicial warrant.

In consultation with the Mayor’s Office of Immigrant Affairs, an agency shall create and adopt an immigration enforcement action response plan to comply with the provisions of this subtitle. An agency shall designate an official within the agency who shall serve as the primary point of contact for issues related to immigration enforcement actions. An agency’s immigration action response plan shall include:a response protocol for communication and interaction with an immigration official; preventative measures the agency will take to prevent an immigration official from accessing a space that is not regularly accessible to the public, unless the immigration official displays a judicial warrant or exigent circumstances require such access; and the steps the agency will take to ensure all employees are informed of the plan and remain in compliance with the plan. An agency shall submit a copy of its immigration action response plan to the Mayor’s Office of Immigrant Affairs.

No later than January 1 of each year, an agency shall submit to the Mayor’s Office of Immigrant Affairs a report that includes the following:the number of requests for information or access to facilities that the agency received from immigration officials, if any, and how the agency responded to each request; and the number of times the agency violated the terms of this subtitle, if any. No later than April 1 of each year, the Mayor’s Office of Immigrant Affairs shall compile the reports received pursuant to subsection (a) of this section and submit a comprehensive report to the Mayor and City Council. If this subtitle is preempted by any change in federal, State, or international law, the City Solicitor shall provide notice of the preemption to the Mayor and City Council.

The Mayor’s Office of Immigrant Affairs shall develop and deliver to all employees of an agency a training course regarding:how an employee shall respond in the event that an immigration official enters a facility operated by an agency; the rights and responsibilities of an agency during an interaction with an immigration official; and the provisions of this subtitle. The Baltimore Police Department is excluded from the training requirements in subsection (a) of this section if it develops and delivers an equivalent training designed for police operations.