Senate approves bill clarifying jails aren’t required to hold federal civil immigration detainees
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Summary
LD 2,058 clarifies that municipal and county jails must be available to accept persons arrested on criminal charges but are not required to accept individuals detained solely on civil immigration violations; the Senate accepted the majority ought-to-pass as amended report (roll-call: 20–12).
The Senate approved a committee-amended version of LD 2,058, legislation intended to clarify the statutory obligations of municipal and county jails in Maine.
Sponsor Sen. Talbot Ross said the amended language makes clear that the longstanding statutory duty for jails to accept persons arrested on criminal charges does not extend to persons detained only for civil immigration violations by federal agencies. “This change is needed to align Maine's statute with the legislative intent that underlies section 15‑02 in Title 25,” Talbot Ross said, adding that sheriffs participated in drafting the amendment and testified in support.
Opponents raised operational and funding concerns. Sen. Sewing, recounting her law-enforcement experience, said she feared the bill puts officers in an awkward position when warrants exist or when federal funds could be affected. “If we're gonna lose federal funding... who's gonna pay that bill? It's going to be from our state funds,” she said. Attorney and sheriff perspectives were referenced during the debate.
The Senate recorded a roll-call vote of 20 in favor and 12 opposed on the committee-amended ought-to-pass motion; the measure was advanced with committee amendments.
Next steps: The bill was given first reading and will move forward in the legislative process with adopted amendments.
