5 M.R.S. §4761: Definitions
Where this section sits in the code
- TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES
- PART 12: HUMAN RIGHTS
- CHAPTER 337-E: IMMIGRATION
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Department of Homeland Security. "Department of Homeland Security" means the United States Department of Homeland Security, or its successor agency, and any of its component agencies, including the United States Immigration and Customs Enforcement and the United States Customs and Border Protection.
2. Hold request. "Hold request" means a request issued by an immigration authority to a local law enforcement agency, including an immigration detainer, that the law enforcement agency maintain custody of a person in the law enforcement agency's custody beyond the time the person would otherwise be eligible for release in order to facilitate transfer to the immigration authority.
3. Immigration authority. "Immigration authority" means a federal, state or local officer, employee or other person performing immigration enforcement functions, including the Department of Homeland Security.
4. Immigration detainer. "Immigration detainer" means a written request, including a civil or administrative warrant, issued on behalf of the Department of Homeland Security to a federal, state or local law enforcement agency to provide notice of release of and to detain an individual based on an inquiry into immigration status or an alleged violation of a civil immigration law, including detainers issued pursuant to 8 Code of Federal Regulations, Section 287.7 or 236.1, or on a Department of Homeland Security form requesting voluntary notification of a pending release of a person identified by the Department of Homeland Security as a suspected priority alien or requesting a law enforcement agency to voluntarily take action to maintain custody of a detained person.
5. Immigration enforcement. "Immigration enforcement" means any effort to investigate, enforce or assist in the investigation or enforcement of any federal civil immigration law and includes any effort to investigate, enforce or assist in the investigation or enforcement of any violations of Title 8 of the United States Code.
6. Inmate. "Inmate" means an individual in the custody of a law enforcement agency.
7. Law enforcement agency. "Law enforcement agency" means an agency in the State, including an employee or agent of the agency, charged with enforcement of state, county or municipal laws or with managing custody of detained persons in the State and includes but is not limited to municipal police departments, sheriff's departments, the State Police, a university or college campus police department, safety department or the equivalent, the Department of Corrections and the Department of Public Safety.
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