MD HB403

State and local correctional facilities must transfer undocumented immigrants serving criminal sentences to the U.S. Department of Homeland Security upon DHS request

Transfer is required for individuals who have engaged in or are suspected of terrorism, espionage, or pose a danger to national security

Transfer applies to those convicted of offenses involving active participation in a criminal street gang as defined in 18 U.S.C. § 521

Individuals at least 16 years old who intentionally participated in criminal street gang activity are also subject to transfer

Transfer is mandated for those convicted of an aggravated felony as defined in 8 U.S.C. § 1101; effective date is October 1, 2025