§ 5–104
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Proc. § 5-104 (2026)
Title 5. Release
Subtitle 1. In General
§ 5–104LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Civil immigration violation” means a violation of federal civil immigration law.
(3)
“Court order” does not include a document issued by:
(i)
the United States Department of Homeland Security;
(ii)
the United States Department of Justice; or
(iii)
any successor agency.
(4)
“Family member” means a relative by blood, adoption, or marriage.
(5)
“Household member” means a person who lives with another or is a regular presence in the home of another.
(6)
(i)
“Law enforcement agent” means an individual who is certified by the Maryland Police Training and Standards Commission under § 3–209 of the Public Safety Article.
(ii)
“Law enforcement agent” does not include an agent or employee of a State correctional facility or a local correctional facility.
(7)
“Local correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.
(8)
“State correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.
(b)
(1)
In this subsection, “arrest” does not include a routine booking procedure.
(2)
Except as provided in paragraphs (3) and (4) of this subsection, a law enforcement agent may not, during the performance of regular police functions:
(i)
inquire about an individual’s citizenship, immigration status, or place of birth during a stop, a search, or an arrest;
(ii)
detain, or prolong the detention of, an individual:
(1)
for the purpose of investigating the individual’s citizenship or immigration status; or
(2)
based on the suspicion that the individual has committed a civil immigration violation;
(iii)
transfer an individual to federal immigration authorities unless required by federal law;
(iv)
coerce, intimidate, or threaten any individual based on the actual or perceived citizenship or immigration status of the individual or:
(1)
the individual’s family member;
(2)
the individual’s household member;
(3)
the individual’s legal guardian; or
(4)
another individual for whom the individual is a legal guardian; or
(v)
provide federal immigration authorities with information about an individual obtained in the course of the law enforcement agent’s duties unless required by a valid court order.
(3)
Nothing in this subsection shall prevent a law enforcement agent from inquiring about any information that is material to a criminal investigation.
(4)
If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a law enforcement agent may:
(i)
notify the individual of the protection or requirement; and
(ii)
provide the individual an opportunity to voluntarily disclose the individual’s citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.