BALTIMORE — It's been a week since the Trump administration started turning its wheels in the direction of its new vision of immigration in America.
Baltimore Mayor Brandon Scott said last week Baltimore will not change any of its policies regarding immigration.
Maryland Attorney General Brown is following suit issuing new guidance on how medical facilities and state and local law enforcement handle interactions with federal immigration officials.
Brown said Maryland wouldn't move at the whim of federal immigration laws.
“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,” said Brown.
“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.”
Below are some key points from the AG's office:
- 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; and
- Are prohibited from contracting with private immigration detention facilities.
Here is what Brown suggested for dealings with immigration authorities in medical facilities.
- Staff should request and record the officer’s credentials and contact counsel immediately
- Staff and patients may choose not to answer questions
- Staff should not disclose patient information unless presented with a judicial warrant, subpoena or summons
- ICE has no right to access restricted spaces without a warrant or under narrow emergency circumstances
- Staff should not attempt to bar the officer from public spaces, conceal patients, or take other action to thwart the investigation.
- Providers should consult with counsel before disclosing any patient information to immigration officials.
