Public Information Act - Divorce Records
HB 403 would require a state or local correctional facility to transfer an undocumented immigrant in its custody to the U.S. Department of Homeland Security upon request, if the person is serving a criminal sentence and meets one of several specified risk or conviction criteria. Those criteria include suspected or actual terrorism or espionage, posing a danger to national security, conviction of an offense involving active participation in a criminal street gang, intentional participation in a criminal street gang by someone at least 16 years old to further illegal activity, or conviction of an aggravated felony as defined in federal immigration law.
The bill is framed as a public safety and security measure and would create a new section in Maryland’s Correctional Services law. It would take effect October 1, 2025, and would apply to transfers from state or local correctional facilities to federal immigration authorities when DHS makes a request and the statutory conditions are met.
HB 403 would add Section 9-309 to the Correctional Services Article, creating a new mandatory transfer requirement for certain undocumented incarcerated individuals. It would affect state and local correctional facilities, the Department of Homeland Security, and incarcerated noncitizens who meet the bill’s listed terrorism, gang-related, or aggravated-felony criteria. The bill would expand the circumstances under which Maryland facilities must cooperate with federal immigration enforcement by requiring transfer rather than leaving the decision solely to facility discretion.
No committee transcript or recorded vote information is available in the provided materials, so there is no direct evidence of debate or formal support/opposition from the legislative record here. Based on the bill text and title, the measure appears to be promoted as a public safety bill focused on violent offenders, national security, and gang activity. The available context does not show amendments, negotiated compromises, or floor debate.
The likely points of contention are the bill’s focus on undocumented immigrants and its mandatory transfer trigger based on federal request, which could raise concerns about immigration enforcement, due process, and state-federal cooperation. Supporters would likely emphasize public safety, gang suppression, and national security, while opponents may argue that the bill broadens immigration enforcement in state prisons and could sweep in individuals based on broad or contested classifications such as aggravated felony or gang participation. No specific legislator positions are provided in the record.