# Criminal Procedure (GCP)

## Title 5. Release

### Subtitle 1. In General

#### Section 5-104

(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 Sec. 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 Sec. 1-101 of the Correctional Services Article.

  (8) "State correctional facility" has the meaning stated in Sec. 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.

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Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)