Maryland Senate Bill SB387

Maryland 2025 Regular Session

• Introduced: 1/17/25
• Refer: 1/17/25

Caption

Correctional Services - Transfers to Federal Authorities - Undocumented Immigrants (Protecting Marylanders From Violent Offenders Act of 2025)

Summary

SB 387 would require 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 if they meet specified criteria. The bill applies only to individuals serving a sentence for a criminal conviction and only if they fall into one of four categories: they have engaged in or are suspected of terrorism or espionage or otherwise pose a national security danger; they were convicted of an offense with an element of active participation in a criminal street gang; they are at least 16 years old and intentionally participated in a criminal street gang to further illegal activity; or they have been convicted of an aggravated felony under federal immigration law. The bill is framed as the "Protecting Marylanders From Violent Offenders Act of 2025" and would add a new section to the Correctional Services Article of the Maryland Code. It would create a mandatory transfer obligation for covered facilities, changing how Maryland correctional institutions interact with federal immigration authorities in cases involving certain incarcerated noncitizens. The bill is scheduled to take effect October 1, 2025.

Impact

SB 387 would add new Section 9-309 to the Correctional Services Article, requiring state and local correctional facilities to transfer certain undocumented immigrants to the U.S. Department of Homeland Security upon request. In practical terms, it would affect correctional administrators, local jails, state prisons, and incarcerated noncitizens who meet the bill’s criteria, while also tying Maryland custody decisions more directly to federal immigration enforcement and national-security-related classifications.

Sentiment

No committee transcripts or recorded votes were provided, so there is no documented debate or vote history to gauge legislative sentiment. Based on the bill text and caption, the measure appears to be presented as a public-safety and enforcement bill focused on violent offenders, gang activity, terrorism, and aggravated felonies.

Contention

The main points of potential contention are likely to be the bill’s immigration-enforcement mandate and the breadth of the categories triggering transfer, especially the inclusion of suspected terrorism or espionage and gang-related criteria. Supporters would likely emphasize public safety, national security, and cooperation with federal authorities, while opponents may raise concerns about due process, the treatment of undocumented immigrants in state custody, and whether the bill could sweep in individuals based on broad or disputed classifications.