Section 5-104 - Inquiry about an individual's citizenship, immigration status, or place of birth during stop, search, or arrest(a)(1) In this section the following words have the meanings indicated.(2) "Civil immigration violation" means a violation of federal civil immigration law.(3) "Family member" means a relative by blood, adoption, or marriage.(4) "Household member" means a person who lives with another or is a regular presence in the home of another.(5)(i) "Law enforcement agent" means an individual who is certified by the Maryland Police Training and Standards Commission under § 3-209 of the Public Safety Article.(ii) "Law enforcement agent" does not include an agent or employee of a State correctional facility or a local correctional facility.(6) "Local correctional facility" has the meaning stated in § 1-101 of the Correctional Services Article.(7) "State correctional facility" has the meaning stated in § 1-101 of the Correctional Services Article.(b)(1) In this subsection, "arrest" does not include a routine booking procedure.(2) Except as provided in paragraphs (3) and (4) of this subsection, a law enforcement agent may not, during the performance of regular police functions: (i) inquire about an individual's citizenship, immigration status, or place of birth during a stop, a search, or an arrest;(ii) detain, or prolong the detention of, an individual:1. for the purpose of investigating the individual's citizenship or immigration status; or2. based on the suspicion that the individual has committed a civil immigration violation;(iii) transfer an individual to federal immigration authorities unless required by federal law; or(iv) coerce, intimidate, or threaten any individual based on the actual or perceived citizenship or immigration status of the individual or:1. the individual's family member;2. the individual's household member;3. the individual's legal guardian; or4. another individual for whom the individual is a legal guardian.(3) Nothing in this subsection shall prevent a law enforcement agent from inquiring about any information that is material to a criminal investigation.(4) If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a law enforcement agent may:(i) notify the individual of the protection or requirement; and(ii) provide the individual an opportunity to voluntarily disclose the individual's citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.