An Act To Ensure Compliance with Federal Immigration Law by State and Local Government Entities
Sec. 1. 5 MRSA Pt. 31 is enacted to read:
IMMIGRATION INFORMATION SHARING
§ 25001. Short title
This chapter may be known and cited as "the Public Safety and Protection Act."
§ 25002. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 25003. Prohibitions concerning sharing and use of information; compliance with federal law and law enforcement
§ 25004. Complaint process; penalties
§ 25005. Private right of action to enjoin action
If the Attorney General fails to investigate a complaint pursuant to section 25004, a resident of the State may bring an action in Superior Court to challenge a suspected violation of section 25003. The court shall expedite an action under this section, including scheduling a hearing at the earliest practicable date. If there is a judicial finding that a government entity violated section 25003, the court shall enjoin the violation. The court may award court costs and reasonable attorney's fees to the prevailing party in a proceeding brought pursuant to this section.
§ 25006. Private right of action for personal injury or wrongful death
A person injured by a tortious act or omission of an alien unlawfully present in the United States or the personal representative of a person killed by a tortious act or omission of an alien unlawfully present in the United States has a cause of action for damages against a government entity if the government entity had violated section 25003 with respect to that alien at the time such tortious act or omission occurred.
§ 25007. Duty to report
A state government entity official, local government entity official, law enforcement agency official or person holding public office shall report a violation of section 25003 by submitting a complaint to the Attorney General pursuant to section 25004, subsection 1. A person who reports a violation under this section is protected under the Whistleblowers' Protection Act.
§ 25008. Implementation
This chapter must be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of citizens of the United States. In complying with the requirements of this chapter, a government entity may not consider an individual's race, color or national origin, except to the extent permitted by the United States Constitution and the Constitution of Maine.
This bill establishes prohibitions concerning restricting the sharing and use of immigration and citizenship information. It prohibits restricting the enforcement of federal immigration law. It authorizes law enforcement agencies to transport aliens who are unlawfully present in the United States to a federal facility. It establishes a complaint process, a private right of action and a duty to report.