BALTIMORE — One local State's Attorney's Office is pushing back on the Maryland Attorney General's guidance on how police officers should deal with ICE agents enforcing federal immigration law.
Here is what Maryland Attorney General Anthony Brown wrote in a January 27 letter to county, local, and state law enforcement agencies.
“Maryland law ensures police handle immigration enforcement in a way that builds trust with immigrant communities, helping them feel safe to report and prevent crime. The federal government cannot compel state and local law enforcement to enforce immigration laws. This guidance ensures that law enforcement agencies understand the scope and limitations of their authority and makes clear that the rule of law does not change depending on the federal government’s priorities.”
These are some "key provisions" Brown claims Maryland law enforcement should follow when handling immigration cases.
- Cannot inquire about immigration status during routine police work unless relevant to a criminal investigation
- Must not extend detentions to investigate immigration status
- May share citizenship/immigration status with federal officials but are not required to do so
- Cannot share personal information (names, addresses) with federal immigration authorities without a judicial warrant
- Risk civil liability if they hold individuals on immigration detainers without probable cause
- Are prohibited from contracting with private immigration detention facilities
MORE: In the wake of President Trump's new vision on immigration, MD AG isn't budging
On Wednesday Carroll County State's Attorney Haven N. Shoemaker, Jr. issued his own guidance, saying Brown's provisions are "not binding on local law enforcement agencies."
"The Attorney General fails to succinctly state that a federal statute, 8 U.S.C. § 1373(a) prohibits local and state governments and agencies from enacting laws or policies that limit communication with ICE," Shoemaker said in a Wednesday press release. "The Attorney General’s 'guidance' also does not explain how cooperating with federal immigration officials to protect Marylanders from criminal illegal aliens via their removal from the United States is not just plain common sense."
Shoemaker cited Victor Martinez-Hernandez, a 23-year-old from El Salvador, accused of the 2023 rape and murder of Rachel Morin in Bel Air.
"Guidance which discourages local law enforcement agencies from communicating with ICE regarding the immigration status of individuals like Martinez-Hernandez or discourages local law enforcement from honoring an ICE detainer concerning criminal aliens like him would seem downright dumb," added Shoemaker.
With that, Shoemaker provided the list below explaining how, in his legal opinion, law enforcement can cooperate with ICE.
- Honoring ICE Detainers and Holds: ICE can request that local police hold an individual who has been arrested for a local crime if ICE believes the person is in the country illegally. This is known as an "ICE detainer" or "immigration hold." The local police department may hold the person for up to 48 hours after their release date to allow ICE agents to pick them up for deportation proceedings.
- Participating in Joint Task Forces: Local police departments may partner with ICE on joint task forces focused on investigating and apprehending individuals involved in immigration violations or related crimes, such as human trafficking, gang activities, or drug trafficking.
- Notification and Information Sharing: Local police departments may share information about an individual’s immigration status with ICE if they are arrested for a crime. ICE may then use that information to decide whether to take enforcement action against the individual. Local police departments may also respond to ICE requests for information regarding individuals with known immigration violations.
- Participating in the Section 287(g) Program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996: Under the 287(g) program, local law enforcement agencies can enter into a formal agreement with ICE that allows officers to enforce federal immigration laws. This can involve training local officers to perform immigration-related duties or authorizing them to make arrests based on immigration violations.
- Collaboration on Deportation Proceedings: Local law enforcement may assist ICE by facilitating the transfer of individuals to federal custody when they are suspected of being in the U.S. unlawfully or involved in criminal activity that violates federal immigration laws.
Shoemaker's reaction is similar to that of President Donald Trump's border czar Tom Homan, whose repeatedly warned local and state leaders not to "cross that line," threatening to arrest those who "knowingly harbor or conceal an illegal immigrant," which he says is a felony.
"Law enforcement officers and officials have the same right as any law-abiding citizen to report suspicious activity or a crime," said Shoemaker. "The U.S. is currently suffering an invasion at its southern border with a free flow of deadly drugs like fentanyl and dangerous criminals in gangs like MS-13 and possible terrorists entering our Country on a daily basis."
In a statement to WMAR-2 News, the Harford County State’s Attorney’s Office said it "cooperates with ICE with a shared goal of removing criminals and protecting our citizens."
Earlier this month we also spoke with Harford County Sheriff Jeffrey Gahler about his agency's 287(g) partnership with ICE, which Shoemaker mentioned in his guidance.
"Every jurisdiction should be a 287 partnership," Gahler said. "If you come here and you're from out of this country and you try to make a better life, you're never going to be seen. If you come here and you're going to sell drugs, you're going to join a gang, you're going to do violence, you're going to commit domestic violence, you get booked in, I don't want to open the door again."
Advocacy groups like the ACLU have criticized the 287 program, arguing it targets vulnerable populations. Baltimore City Mayor Brandon Scott said this week his policies would remain the same.
In December Frederick Mayor Michael O'Connor vowed to use taxpayer dollars to defend undocumented migrants from the Trump administration.
Frederick County Sheriff Chuck Jenkins fired back, telling WMAR "the Mayor has no authority to interfere with federal immigration enforcement efforts and is way out of his lane on this issue."
A recent Gonzalez Poll found 76 percent of Maryland residents support requiring local officials to cooperate with federal agents in removing migrants who commit crimes.
"By party, 96% of Republicans, 77% of independents, and 65% of Democrats support requiring local officials in the state to cooperate with federal law enforcement in its endeavor to carry out Donald Trump’s campaign pledge to arrest and deport people in this country illegally who have committed crimes," the poll stated.
Since January 23, ICE says they've arrested 5,537 people, including Juan Ojeda Chang, in Baltimore, for alleged drug and weapons trafficking.
Additionally, last year, ICE reported arresting a record of more than 150 undocumented sex offenders in Maryland, despite some counties refusing to honor detainers.
