Maine limits when public facilities can admit immigration officers or share records

People acting for public schools and state colleges may not voluntarily let immigration officers enter nonpublic areas or access education records for immigration enforcement. This covers public schools and state colleges, including University of Maine System universities, Maine Community College System colleges, and the Maine Maritime Academy. Closed buildings and restricted areas count as nonpublic areas. Education records may still be disclosed when a court order or state or federal law requires it. If federal law requires inspections of specific records or interviews about noncitizens’ eligibility to work or attend school, the institution must set aside a nonpublic area for them. It may allow access to a specific location when federal law requires it. Each institution must adopt the Attorney General’s model guidance or equivalent policies within three months after applicable guidance is published. Until it adopts the policies or the required adoption date arrives, whichever comes first, good-faith consent does not violate these restrictions.

People acting for state institutions may not voluntarily let immigration officers enter nonpublic areas or access protected health care information for immigration enforcement. This covers state institutions and health care information protected by the cited state and federal rules. Closed buildings and restricted areas count as nonpublic areas. Protected health care information may still be disclosed when a court order or state or federal law requires it. If federal law requires inspection of specific records that do not contain protected health care information, or interviews about noncitizens’ work eligibility, the institution must set aside a nonpublic area. It may allow access to a specific location when federal law requires it. Each institution must adopt the Attorney General’s model guidance or equivalent policies within three months after applicable guidance is published. Starting January 1, 2027, the department may check compliance during applicable licensing or license renewal.

People acting for state libraries may not voluntarily let immigration officers enter nonpublic areas or access protected patron records for immigration enforcement. This covers the Maine State Library, the Law and Legislative Reference Library, and libraries in the University of Maine System, Maine Community College System, and Maine Maritime Academy. Closed buildings and restricted areas count as nonpublic areas. Protected patron records may still be disclosed when a court order or state or federal law requires it. If federal law requires inspection of specific records other than protected patron records, or interviews about noncitizens’ work eligibility, the library must set aside a nonpublic area. It may allow access to a specific location when federal law requires it. Each state library must adopt the Attorney General’s model guidance or equivalent policies within three months after applicable guidance is published. Until it adopts the policies or the required adoption date arrives, whichever comes first, good-faith consent does not violate these restrictions.

The Attorney General must publish guidance for public-serving facilities on limiting voluntary consent for immigration enforcement entry and records disclosure. The guidance applies to facilities serving the public, including education, care, child care, library, and religious facilities. The guidance must aim to keep facilities safe and accessible to state residents regardless of immigration status, to the fullest extent consistent with state and federal law. Public schools, state colleges, state institutions, and state libraries must adopt the guidance or equivalent policies. Certain private schools, care and support facilities, child care providers, other public libraries, and places of worship may adopt it. The Attorney General must publish the first guidance within 60 days after this section takes effect and must review it every two years. Covered facilities must adopt applicable guidance within three months after it is published or amended.