Bill
SB 977
Maryland SB 977 blocks state/local access to government-created personal records for immigration enforcement unless a valid warrant is provided, protecting residents' data.
Status & Timing
- Introduced: January 29, 2025 (Sen. Lam). Hearing scheduled 3/26/2025 at 3:15 p.m.; committee action reported favorable with amendments (Judicial Proceedings). Companion bills: HB 311 and HB 1321.
- Reporting requirement in the bill: first report due December 1, 2025, and annually thereafter.
Purpose
- Limit state and local disclosure of government-created personal records and deny access to certain records, facial recognition searches, databases, buildings, or facilities when the requestor seeks information for federal immigration enforcement — unless the requestor presents a valid warrant. Protects personal information created by State or local units and restricts commercialization of those records.
Key provisions
- Definition
- “Covered record”: any copy of data, information, or record made by a State or local government unit that contains “personal information” (information linked or reasonably linkable to an identifiable Maryland resident).
- Exemption: provisions do not apply to the individual to whom the data pertains.
- Disclosure and inspection limits (Public Information Act amendments)
- Persons receiving personal information may not disclose it to another person or government entity for immigration enforcement unless presented with a valid warrant.
- State or political‑subdivision officers, employees, agents, or contractors must deny inspection of public records or photographs (and facial recognition searches of images/data) to requestors seeking access for immigration enforcement, unless a valid state or federal court warrant is provided.
- Commercial restrictions
- A person in possession of a covered record may not share or make it available in exchange for anything of value or for resale.
- If a person obtains a covered record for value, they may not provide it for immigration enforcement unless (1) presented with a valid warrant or (2) the record is publicly available from the government unit that created it.
- Database, building, and facility access
- Law enforcement agencies and units of State/local government operating databases must deny access to individuals who are (or appear to be) seeking access for immigration enforcement unless they present a valid warrant that clearly identifies the record.
- Agencies must collect requester identity (name), contact info (telephone, email, physical address) and, unless a warrant is presented, a statement under penalty of perjury that the requester is not accessing the database/building/record for immigration enforcement.
- Same denial/identification rules apply to access to buildings or facilities.
- Recordkeeping and reporting
- Each State unit must maintain a record of each request for access to databases/records and, beginning December 1, 2025, submit an annual report to the Attorney General and General Assembly on request numbers, outcomes (granted/denied), and other compliance information.
- Enforcement and personnel
- The Attorney General is required to enforce provisions of the Act. State employees violating the Act may be subject to discipline.
Relation to federal law
- The bill notes existing federal statutes that (in some circumstances) prohibit state or local governments from restricting communication with federal immigration authorities about individuals’ immigration status. Potential legal tensions are acknowledged but not resolved within the bill text.
Fiscal impact (from Fiscal Note)
- Potential minimal increase in State and local general fund expenditures for compliance, tracking, reporting, and small administrative costs. Revenues unlikely to be materially affected. No small business impact identified.
Who is affected
- State and local government units, law enforcement agencies, their contractors/vendors, public employees, third parties who possess government-created records, and federal immigration authorities seeking access. Maryland residents whose personal information is contained in government records are protected by the restrictions.
Compiled from official sources — confirm details with the bill’s official record.
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