Maine LD 2106: An Act to Prohibit the Disclosure of Nonpublic Records without Proper Judicial Review

Dear Sen. Carney, Rep. Kuhn and Honorable Members of the Judiciary Committee:

I am sorry that I can not attend the hearing for LD 2106 and am grateful for the opportunity to submit written testimony. I am a Professor at University of Maine School of Law, and submit this entirely in my personal capacity and in no way representing the University of Maine School of Law or the University of Maine.

I have had the privilege of teaching students from Maine, other states of the U.S., and other countries in my almost 30 years teaching at Maine Law. Some of these students have come from other countries as our government used to welcome foreign students. The government used to recognize that they bring many benefits to this country as well as receiving an excellent education here. I have taught students who have survived massacres, lived in refugee camps and been through more than many of us can even imagine. Their devotion to education has been impressive and life-changing for them. It also has been enriching and enlightening for their fellow students and professors. We should continue to welcome them and support them.

At the same time, immigration laws should be enforced, consistent with the US Constitution and its promise of due process for all. Unfortunately right now, every day in Maine, we are seeing immigrants living in a state of understandable, rational fear which prevents them from living ordinary daily life. Shopping, working, going to schools, hospitals, daycare centers and libraries have become fraught and dangerous.

I have a friend, a U.S. citizen who was born in South Asia, has a very advanced degree and has contributed to this society in myriad ways, and is now always carrying their own passport around in case they are stopped. (I also was born in South Asia and am a citizen; as a white person I don’t seem to need to carry my passport around). This is just one example -- and the examples of families and children and parents abducted are chilling and outrageous – and unAmerican.

Economically, when policies allow or support immigration enforcement at schools, daycares, and libraries, this means people in this political and enforcement climate will not access essential services and education. This makes no sense. Maine with its advanced-age workforce, needs immigrants badly. Workforce shortages, like recently reported at Maine Medical Center, are serious. Restaurant closures are happening because of this. We need to have a state where all families are treated fairly and feel safe.

LD 2106 provides guidance that sensitive community spaces need to have a valid judicial warrant before they can be sites of immigration enforcement. This clarity, as well as the provisions about employees not to be asked to voluntarily facility such actions without reasonable justification, should protect families, public health, and workers, while allowing appropriate immigration enforcement as long as it is constitutional and follows the law, will hopefully improve conditions present here now and facilitate the trust and mutual belonging that we need to grow and thrive as a state.

Please vote ‘ought to pass’ on LD 2106.