HARFORD COUNTY, Md. — In just a few days time, the White House's stance on immigration is poised to shift dramatically to be at odds with many state and local laws in Maryland.
As President-Elect Trump has promised sweeping mass deportations of undocumented immigrants, only three jurisdictions in the state have an established partnership with the U.S. Immigration and Customs Enforcement: Frederick, Cecil and Harford counties.
"Why we have to play politics with it is mind boggling. Keeping criminals off the street should be the priority of our public safety agencies," Harford County Sheriff Jeffrey Gahler said.
His department has partnered with ICE since 2016 under the 287(g) program where the citizenship status of every person arrested is checked.
If an inmate is found to be in the country illegally, the sheriff's office reports them to the federal agency which then may decide to deport based on the public and national safety risks.
Last year in Harford County, ICE returned about 25% of the undocumented inmates reported to their home countries.
Though the incoming Trump Administration has committed to a tougher approach on the issue, Gahler says he hasn't seen any plans and anticipates their program will continue as it has for more than eight years.
In the 2024 Fiscal Year, ICE deported more than 271,000 people according to its latest report.
Gahler does want to see more places participating in the program, despite the current limitations under Maryland law.
"Every jurisdiction should be a 287 partnership. If that's their way of doing it, I'd be more than 1000% supportive," he said.
A recently published Gonzales poll showed that 76% of Marylanders support local officials cooperating with federal law enforcement to arrest and deport illegal immigrants.
287(g) is a policy that advocacy groups like the ACLU have criticized for targeting vulnerable populations among other reasons.
However, Gahler says it's a no-brainer.
"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," he said. "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."
Less than a year apart from each other, two young women in the county were murdered. In each case the suspect was an undocumented immigrant from El Salvador.
Victor Hernandez is awaiting trial for the March 2023 rape and murder of Rachel Morin while MS-13 gang member Walter Javier Martinez is serving a life sentence after confessing to the murder of Kayla Hamilton.
RELATED: Rachel Morin's murder case highlights immigration debate in Maryland
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MARYLAND LAW LIMITATIONS
In 2021, the Maryland state legislature codified limitations on how much local government agencies could cooperate with federal immigration agencies.
The Dignity Not Detention Actprevents any agencies from entering agreements for immigration detention, while the Maryland Driver Protection Act requires political subdivisions to deny inspection or release of public records related to immigration enforcement matters without a valid warrant.
House Bill 85 introduced this legislative sessionwould ban sanctuary laws, like ones passed in Baltimore City, Baltimore County and Howard County and require cooperation with federal immigration authorities.
Last month, a conservative nonprofit founded by future Homeland Security Advisory and White House Chief of Staff Stephen Miller, sent letters to 249 elected officials in "sanctuary jurisdictions" including in Baltimore city, Baltimore County and Howard Countywarning them of "the legal consequences that they could face for interfering with or impeding federal immigration law enforcement and for concealing, harboring, or shielding illegal aliens."
"As always, Howard County will adhere to Federal and State laws. However, at this time, our local law enforcement and authorities are prohibited, by County Code, from assisting in immigration enforcement. Further, we are unaware of any federal law requiring us to assist in immigration enforcement. Should there be changes to the law under a Trump administration, we will evaluate how to ensure compliance with federal law," Director of Communications for Howard County Government Safa Hira said in a statement.
“Baltimore County is committed to maintaining safe communities where all residents feel welcome and can access the resources, services, and opportunities they deserve. Baltimore County is doing this work while remaining in full compliance with all applicable state and federal laws," Erica Palmisano, Acting Director of Communications and Press Secretary of Baltimore County, also said in a statement.
The Baltimore Mayor's Office did not respond to our request for comment.
