Correctional Services - Transfers to Federal Authorities - Undocumented Immigrants (Protecting Marylanders From Violent Crime Act of 2025)
Summary
HB 653 would add a new section to Maryland’s Correctional Services Article requiring a state or local correctional facility, when requested by the U.S. Department of Homeland Security, to transfer certain undocumented immigrants in custody to federal authorities. The bill applies only to individuals serving a sentence for a criminal conviction and only if they fall into one of several specified categories, including suspected or engaged in terrorism or espionage, posing a national security danger, having certain gang-related convictions or participation, having been convicted of an aggravated felony, or having a qualifying sexual offense requiring registration.
The measure is framed as a public safety and national security bill, titled the “Protecting Marylanders From Violent Crime Act of 2025.” It would create a mandatory transfer obligation for covered individuals, rather than leaving the decision solely to state or local correctional officials. The bill is scheduled to take effect October 1, 2025, and would be added as new Section 9-309 of the Correctional Services Article.
Impact
If enacted, HB 653 would expand Maryland law by creating a specific statutory duty for correctional facilities to transfer certain undocumented incarcerated individuals to the U.S. Department of Homeland Security upon request. It would affect state and local correctional facilities, incarcerated noncitizens meeting the bill’s criteria, and coordination between Maryland authorities and federal immigration/security agencies. The bill would also incorporate federal definitions for aggravated felony and criminal street gang, and it would reference Maryland’s sex offender registration law for qualifying sexual offenses.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate, amendments, or formal support/opposition in the available record. Based on the bill text and title, the measure is presented in strongly pro-enforcement terms, emphasizing violent crime prevention, national security, and cooperation with federal authorities. The absence of voting history or discussion prevents a reliable assessment of broader legislative sentiment beyond the bill’s stated purpose.
Contention
The main likely point of contention is the bill’s treatment of undocumented immigrants in state custody and the extent to which Maryland correctional facilities should be required to cooperate with federal immigration authorities. Supporters would likely emphasize public safety, gang activity, terrorism, and sex offenses, while opponents may raise concerns about immigration enforcement, due process, state-federal relations, and the scope of mandatory transfers. The bill’s use of broad categories such as aggravated felony and gang participation may also draw scrutiny over how those terms are applied in practice.