Division 46. Community Inclusiveness

Administrative warrant means an immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document, including those issued by the United States Department of Homeland Security ("DHS") or any other federal immigration official or agency, including an immigration judge, that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose. Administrative warrant does not include any active criminal warrants issued upon a judicial determination of probable cause and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article 26 of the Maryland Declaration of Rights.

Agency means any County department, agency, division, commission, council, committee, board, other body, or person established by Charter, ordinance, executive order, or by the County Council.

Agent means any person employed by or acting on behalf of an agency.

Citizenship or immigration status means all matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States, the time and manner of a person's entry into the United States, or any other immigration matter enforced by the Department of Homeland Security ("DHS"), its predecessor or successor agency, or any other federal agency charged with the enforcement of civil immigration laws.

Contact information means home address, work address, telephone number, electronic mail address, social media contact information, license plate information, or any other means of contacting an individual or through which an individual may be located.

Eligible for release from custody means that one of the following conditions has occurred:

Family member means a person's (i) immediate family, (ii) extended family, (iii) court-appointed legal guardian or a person for whom the person is a court-appointed legal guardian, or (iv) domestic partner or the domestic partner's immediate or extended family.

ICE means the United States Immigration and Customs Enforcement Agency and shall include any successor agency charged with the enforcement of civil immigration laws.

Immigration detainer means a request by ICE to a federal, state, or local law enforcement agency that requests that the law enforcement agency provide notice of release or maintain custody of an individual based on an alleged violation of a civil immigration law, including detainers issued pursuant to Sections 236 or 287 of the Immigration and Nationality Act or 287.7 or 236.1 of Title 8 of the Code of Federal Regulations. These detainers include but are not limited to DHS Form I-247D "Immigration Detainer — Request for Voluntary Action; DHS I-247X "Request for Voluntary Transfer"; or DHS Form I-247N "Request for Voluntary Notification of Release."

Immigration enforcement official means any federal employee engaged in immigration enforcement operations as herein defined, including but not limited to employees of the Department of Homeland Security ("DHS") and the Department of Justice ("DOJ").

Immigration enforcement operation means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry, or reentry to, or employment in, the United States, including but not limited to efforts to identify or apprehend persons for purposed of subjecting them to immigration detention and/or removal from the United States.

No agent or agency may require persons to prove their citizenship status, country of origin, or information related to their immigration status in the United States. Agents may not request identification for the sole purpose of determining a person's immigration status.

No agent or agency may prolong a traffic stop or detain an individual solely for questions related to a person's immigration status.

No agent or agency will include immigration status in their routine questioning when persons are being interviewed about potential traffic or criminal offenses, unless such inquiry or investigation is required by law or court order, or if such inquiry is material to a criminal investigation, provided such information is not used for civil immigration enforcement purposes.

contact any immigration enforcement official, including but not limited to ICE officers, regarding a person that may be the subject of an Administrative Warrant or an Immigration Detainer, unless that person is the subject of an active criminal warrant requiring such action;

affect in any way the manner in which a person is processed following an arrest based on an Administrative Warrant or an Immigration Detainer;

detain the person based on an Administrative Warrant or Immigration Detainer, or otherwise comply with an Administrative Warrant or Immigration Detainer, after that person becomes eligible for release from custody; or

detain the person based solely on the belief that the person is not present legally in the United States, or that the person has committed a civil immigration violation.

permitting immigration enforcement officials access to non-public space within a government facility or any area where County business is being conducted;

permitting immigration enforcement officials access to a person being detained by, or in the custody of, the agent or agency;

permitting immigration enforcement officials use of agency facilities, information, or equipment for investigative interviews or other investigative purposes; or

communicating any information about an individual who is the target of a civil immigration enforcement operation with immigration enforcement officials.

notifying immigration enforcement officials that an individual has been or is ready to be released from custody, unless the individual has been convicted of a crime of violence as defined in Section 14-101 of the Criminal Law Article of the Annotated Code of Maryland.

enter into an inter-governmental services agreement, or other contract or agreement, with the federal government for the purpose of housing individuals subject to detention on civil immigration charges, or for any other purpose related to civil immigration enforcement; or

enter into an agreement under 8 U.S.C. Sec. 1357(g) or any other federal law that permits state or local governmental entities to enforce federal civil immigration law.