A new law in Maine will limit the cooperation of state and local law enforcement agencies with federal immigration officials. The law, which is set to take effect on Wednesday, restricts assistance to federal authorities regarding civil immigration enforcement. Under the "ICE Out of Policing" law, law enforcement agencies, including jails, are prohibited from contacting Immigration and Customs Enforcement (ICE) and Border Patrol for translation services when encountering individuals who do not speak English. They are also generally barred from providing personal information for civil immigration enforcement, with exceptions for criminal investigations and legally permitted information exchanges.
Additionally, the law restricts local and state agencies from holding individuals for ICE based solely on civil immigration enforcement and prohibits jails from notifying ICE about nonpublic inmate release dates or honoring civil detainer requests, except in cases involving serious crimes, outstanding warrants, final removal orders, and certain public safety concerns.
Another law taking effect on the same day prohibits employees at public schools, state colleges, public libraries, healthcare facilities, and childcare facilities from allowing immigration officers into nonpublic areas or granting access to protected records without a judicial warrant or applicable legal authority. A third law restricts landlords from disclosing tenants' personal information, including immigration status, without consent, while allowing exceptions for warrants, subpoenas, emergencies, and legitimate housing or legal purposes.
The policing measure became law without Governor Janet Mills' signature in January. Mills signed the schools, libraries, and healthcare measure in April, while the tenant-privacy measure also became law without her signature later that month. Several Maine cities, including Portland, Lewiston, Waterville, and Rockland, have already enacted similar laws restricting local police communication with ICE and Border Patrol.
Local governments across the U.S. have pursued similar legislation. The Maine State Police announced in December that it would begin adhering to the policing restrictions before the law took effect. Some agencies continued to contact immigration officials, while Scott Stewart, president of the Maine Chiefs of Police Association, cautioned that limiting cooperation could lead to federal funding cuts or increased enforcement. Immigrant rights advocates assert that the new laws will enhance community trust in Maine officials to ensure public safety, regardless of immigration status. The ACLU of Maine, Immigrant Legal Advocacy Project, Maine Immigrants’ Rights Coalition, and Maine Equal Justice held a news conference discussing the new laws targeting ICE operations. Sue Roche, executive director for the Immigrant Legal Advocacy Project, reported over 50 incidents last year where state and local police contacted immigration officials, resulting in arrests, primarily involving individuals in lawful immigration processes without criminal records.