Sen. Duson introduces bill to strengthen civil liberties of Maine residents, bolster access to legal representation

AUGUSTA — Yesterday, Senate Assistant Majority Leader Jill Duson, D-Portland, introduced LD 2176, “An Act to Create a Right to Judicial Review under the Maine Civil Rights Act.” The bill would make clear that a person deprived of their right to liberty in the course of an unlawful immigration detention may seek remedies, including damages and attorney’s fees, under the Maine Civil Rights Act. LD 2176 was the subject of a public hearing before the Legislature’s Judiciary Committee.

“Since the current administration was sworn in last year, Mainers have been continuously profiled and detained through aggressive immigration enforcement sweeps in communities across the state,” said Sen. Duson. “Without access to legal representation, people who have been detained have limited ability to assert their right to liberty and challenge the lawfulness of their detainment. LD 2176 is Maine’s moment to stand against unlawful detention and ensure federal law enforcement plays by the rules. I am grateful to the people who voiced their perspective on this issue and look forward to moving this bill through the process.”

LD 2176 seeks to clarify that persons who were deemed to have their personal liberty deprived (as determined by a court-issued writ of habeas corpus) may seek damages via the Maine Civil Rights Act. The bill also proposes additional support for civil legal service providers who are engaging in the representation of indigent persons wrongfully detained by federal immigration authorities.

“The clarification outlined in LD 2176 is particularly important because unlawful deprivation of a personal liberty is at the core of the writ of habeas corpus. Habeas corpus is intended to prevent arbitrary government detention by ensuring that those unlawfully deprived of their liberty by the government can challenge that deprivation,” said Molly Curren Rowles, Esq., Executive Director of the American Civil Liberties Union of Maine in testimony to the Committee. “This bill does not create new rights or expand the Maine Civil Rights Act. It seeks to provide clarity about the operation of the Maine Civil Rights Act, so courts, law enforcement, and the public can understand the remedies available when an unlawful detention occurs.”

“For Maine to prosper, we need an orderly society subject to the rule of law and fair compensation for victims of governmental abuse. The abuses we see now are not by state, county or municipal actors but rather federal agents and agencies…” said Craig Bramley of Portland in written testimony to the Committee. “…This is a necessary step to guarantee the rights provided to all Americans under the Constitution and Bill of Rights.”

LD 2176 awaits further action in Committee.

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