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HB 495

Criminal Procedure - Immigration Arrest - Immunity in Connection With Court Proceeding

2026 Regular Session Introduced by Sandy Rosenberg

HB 495 grants immigration authorities civil immunity for arrests made in connection with Maryland court proceedings, potentially shielding federal agents from state lawsuits.

Hearing 2/18 at 1:00 p.m.
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Bill Summary · HB 495

Legislative bill overview

HB 495 would grant immigration authorities immunity from civil liability when making arrests in connection with court proceedings in Maryland. The bill appears designed to clarify legal protections for immigration enforcement officials operating within the state's judicial system.

Why is this important

Immigration enforcement activities near courthouses raise significant concerns about witness intimidation, access to justice, and community trust in legal institutions. This bill directly addresses whether federal immigration authorities can face state-level civil lawsuits for arrests made during court proceedings, which affects both immigration enforcement scope and courthouse safety.

Potential points of contention

  • Access to justice concerns: Immunity could discourage witnesses and undocumented immigrants from appearing in court if they fear arrest without recourse, potentially undermining prosecutions of other crimes
  • Liability and accountability: Opponents may argue immunity removes incentives for careful, lawful arrest procedures and prevents victims of unlawful arrest from seeking damages through civil courts
  • Scope ambiguity: The phrase "in connection with court proceeding" could be interpreted broadly or narrowly, creating uncertainty about when immunity applies and whether it covers arrests merely near courthouse facilities

Compiled from official sources — confirm details with the bill’s official record.

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