A new law in Maine will limit the cooperation of state and local law enforcement agencies with federal immigration officials. The law is set to take effect on Wednesday and aims to restrict the state's collaboration with civil immigration enforcement.
The "ICE Out of Policing" law prohibits state and local law enforcement agencies, including jails, from assisting federal authorities with civil immigration enforcement. Agencies will not be allowed to contact Immigration and Customs Enforcement (ICE) or Border Patrol for translation services when encountering individuals who do not speak English, and they generally may not provide 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 detaining individuals for ICE based solely on civil immigration enforcement. Jails will generally be prohibited 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 will generally prohibit employees at public schools, state colleges, public libraries, healthcare facilities, and child-care facilities from allowing immigration officers into nonpublic areas or granting access to protected records without a judicial warrant or other 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 limiting police communication with ICE and Border Patrol.
Local governments across the country 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.
Advocates for immigrant rights stated that the new laws would enhance community trust in 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 on Tuesday regarding the new laws targeting ICE operations. Sue Roche, executive director for the Immigrant Legal Advocacy Project, noted that there were over 50 incidents last year where state and local police contacted immigration officials, resulting in arrests. Roche stated, "The vast majority of people who have been handed over to ICE or Border Patrol by Maine’s law enforcement were people in lawful immigration processes who had no criminal record."