DOJ Challenges Maryland’s Community Trust Law
The U.S. Department of Justice (DOJ) has initiated legal action against the state of Maryland and its Attorney General, Anthony Brown, alleging that Maryland’s Community Trust law hampers federal immigration enforcement, thereby violating the Supremacy Clause of the U.S. Constitution. The lawsuit, filed in the U.S. District Court for the District of Maryland, seeks a judicial declaration invalidating the law and permanently prohibiting its enforcement.
Details of the Lawsuit
The DOJ’s complaint presents four counts, all centered around the supremacy clauses of federal law. The government contends that the Community Trust law is expressly preempted by 8 U.S.C. 1373 and 8 U.S.C. 1644. These statutes prohibit states from limiting the sharing of immigration status information with federal authorities. Furthermore, the DOJ argues that the law acts as a barrier to federal enforcement initiatives. The other counts invoke the doctrine of intergovernmental immunity, asserting that the law unlawfully regulates federal operations by mandating judicial warrants for actions that federal law does not require, and that it discriminates against federal immigration agencies.
Precedents and Implications
The DOJ’s complaint draws on the precedent set by the 2012 Supreme Court case Arizona v. United States, which affirmed the federal government’s primary authority over immigration matters. The Justice Department has indicated that the Maryland law is already affecting operations, noting instances where facilities have declined to transfer individuals into federal custody based on the law’s stipulations.
About the Community Trust Act
Enacted this year as an emergency measure, the Community Trust Act restricts state and local officials from cooperating with federal immigration entities. Under this law, correctional facilities cannot notify federal authorities about an individual’s custody status, detain individuals upon their release, or transfer individuals to immigration officials without a valid court order or judicial warrant. Additionally, law enforcement agencies are barred from sharing information gathered during their duties unless compelled to do so by a valid court order.
Broader Legal Campaign Against Sanctuary Laws
This lawsuit fits within a broader campaign by the DOJ’s civil division, led by Acting Attorney General Todd Blanche, aimed at challenging sanctuary laws across the nation, including those in Colorado, Connecticut, Illinois, and New York. Notably, in June 2025, the DOJ filed a similar lawsuit against New York State regarding its Court Protection Act. However, previous efforts have encountered resistance. Last month, a federal judge dismissed the Trump administration’s challenge to the Los Angeles Sanctuary Ordinance, ruling that it does not expressly preempt or violate intergovernmental immunity since it only governs the actions of city officials.
Government Perspectives
Deputy Attorney General Stanley Woodward has cautioned that sanctuary laws protecting noncitizens from federal enforcement could undermine the democratic process by effectively silencing voters. Meanwhile, Assistant Attorney General Brett Shumate, who oversees the civil division, affirmed the DOJ’s commitment to contesting Maryland’s attempts to obstruct federal immigration enforcement. The office of Attorney General Brown has not issued any public comment regarding the lawsuit.
