The purpose of this Division is to improve community security by ensuring that immigrant and otherwise vulnerable communities can engage with County agencies, including public safety agencies, with assurance that such engagement will not be used to assist in civil immigration enforcement or a federal discriminatory practice. Further, this Division is intended to ensure that the constitutional rights of immigrant County residents are not violated and that County benefits and services are provided to residents regardless of country birth or immigration status.

The following words, as used in this Division, shall for the purpose of this Division, have the meanings respectively ascribed to them in this Section: 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: All criminal charges against the person have been dropped or dismiss; The person has been acquitted of all criminal charges filed against him or her; The person has served all the time required for his or her sentence; The person has posted a bond; or The person is otherwise eligible for release under state or local law, or local policy or regulation. 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 request information about or otherwise investigate or assist in the investigation of the citizenship or immigration status of any person unless such inquiry or investigation is required by law or court order, or if such inquiry is material to a criminal investigation, provided that such information is not used for civil immigration enforcement purposes. If the citizenship or immigration status of an individual is relevant to protections accorded to them under any state or federal law, or required by any international treaty, an agent or agency may notify the individual of the relevant protection or requirement and provide them an opportunity to voluntarily disclose their status or citizenship.

No agent or agency may coerce, intimidate, or threaten any person based on the person's actual or perceived citizenship or immigration status or the actual or perceived citizenship or immigration status of a member of the person's family.

No agent or agency may condition the provision of County benefits, opportunities, or services on matters related to citizenship or immigration status unless required to do so by state or federal law, or court order. Where presentation of a Maryland driver's license or identification card is accepted as adequate evidence of identity, presentation of a photo identity document issued by the person's country of origin, such as a driver's license, passport, or matricula consular (consulate-issued document), or by a pre-approved non-profit organization shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Maryland driver's license or identification card except that this Subsection shall not apply to the completion of the federally mandated I-9 forms.

Traffic Stops and Police-Civilian Contact. No agent or agency may initiate an investigation or otherwise take law enforcement action solely based on the actual or perceived immigration status of a person, including the initiation of a stop, apprehension, arrest, or any other field of contact. 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. Arrest. No agent or agency may stop, search, arrest or detain a person based on an Administrative Warrant, an Immigration Detainer, or any other directive by DHS, or a belief that the person is not present legally in the United States or has committed a civil immigration violation. Actions Following an Arrest. If a person is arrested, no agent or agency may: 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. Coordination with immigration enforcement officials. No agent or agency may coordinate with an immigration enforcement official in furtherance of a civil immigration enforcement operation, including by: 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. Other Agency Actions. No agency may: 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.

No agency or department moneys, facilities, property, equipment, or personnel may be used to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals solely on the basis of race, gender, sexual orientation, religion, or national or ethnic origin unless required by federal law.

All applications, questionnaires, interview or other forms used in relation to County benefits, opportunities, or services shall be promptly reviewed by the pertinent agencies and any questions regarding citizenship or immigration status, other than those required by statute, ordinance, federal law or court order, shall be deleted if that information is not necessary for a County function. Any request received by an agency from immigration enforcement officials to detain or notify immigration enforcement officials regarding a person in custody shall be provided or communicated to the subject of such a request with forty-eight (48) hours. Where such request is in writing, the subject of the request shall be provided with a copy of the request. Agencies shall report to the County Council and County Executive every six (6) months the number of requests received from immigration enforcement officials and the manner in which each request was handled and whether any County agent, officer, employee or official violated any Section of this Division. Agencies shall respond to any request for information for matters covered under this Division by the Council or the County Executive within seven (7) days.

No provision in this Division applies if it prohibits a County agency, officer, employee, or official from complying with a federal law or regulation, to include, Sections 1373 and 1644 of Title 8 of the United States Code, state law or regulation, court order, extradition agreement or any other agreement that allows a County agency to accept custody of an individual pursuant to a criminal warrant. Any intentional violation of a Section in this Division by a County public safety agent, officer, employee or official shall be referred to their appointing authority for appropriate discipline.

A violation of any provision in this Division shall result in a mandatory referral to the Prince George's County Office of Ethics and Accountability and the Board of Ethics, pursuant to Section 2-292(i) and 2-296 of Division 17, Subtitle 2, and Section 3-303 of Division 17A, Subtitle 2. The referral shall be made by the head of the affected agency or department or any supervisory official with knowledge of the violation. The Board of Ethics shall review the matter in accordance with the procedures outlined in Sections 2-292 through 2-294 of Division 17, Subtitle 2, for violations of the County Code of Ethics.