Maryland sheriffs have initiated a class action lawsuit against the governor, the state, and the attorney general in response to recent immigration laws that have sparked significant controversy.
The Community Trust Act, enacted as emergency legislation, restricts law enforcement officials from detaining individuals in U.S. Immigration and Customs Enforcement (ICE) custody without a warrant, with exceptions only for felonies and sex offenses.
This legislation also prohibits local authorities from inquiring about the immigration status of individuals held in local jails.
The Community Trust Act is one of two contentious immigration bills signed into law without Governor Wes Moore’s endorsement. While the governor has chosen not to veto the bill, he did express a commitment to address its shortcomings in the upcoming legislative session.
Moore remarked that the presence of untrained and unaccountable ICE agents performing immigration functions on behalf of local law enforcement was unacceptable. He acknowledged the critical issues within the bill that require executive action and legislative attention moving forward.
Opposition from Maryland Sheriffs
Law enforcement officials statewide have voiced strong opposition to the bill. Carroll County Sheriff Jim DeWeese highlighted concerns regarding the flawed legislative process, which places local sheriffs in conflict with federal policies.
DeWeese raised alarms over potential public safety risks, stating, “We are going to release individuals into the community whom we know immigration officials are actively pursuing.” This sentiment is echoed by Harford County Sheriff Jeffrey Gahler, who stated that legal action against the state is highly likely.
Gahler declared, “We will have to comply with Maryland law, but come next week, we will likely band together to file a significant lawsuit against the state for enacting a bill that undermines our responsibilities as elected sheriffs.”
Debate Over the Termination of Maryland’s 287(g) Agreement
Another contentious aspect of the immigration landscape in Maryland is the recent termination of the 287(g) agreement, which facilitates partnerships between law enforcement agencies and ICE. This legislative change will take effect by the end of July, affecting nine Maryland counties, including Allegany, Carroll, and Harford.
Sheriff Gahler argued that the cancellation of this agreement could inadvertently lead to the release of violent offenders. He pointed to the case of Salvadoran Victor Martinez Hernandez, convicted in the 2023 murder of Rachel Morin, as a stark example of the potential implications of the new legislation.
Gahler criticized the repeal of the 287(g) agreement, stating that it is being misrepresented as a means of removing ICE operations from Maryland, asserting instead that it will likely lead to increased involvement of ICE in the state.
Insights from the Community Trust Act’s Sponsor
Maryland State Senator Clarence Lamb, who sponsored the Community Trust Act, explained to WJZ Investigator Mike Hellgren that the law aims to prevent circumventions by certain sheriffs who maintain ties with federal agents despite the cessation of 287(g) agreements.
According to Lamb, the new legislation is critical to closing loopholes that could allow sheriffs to engage in backdoor communications with ICE. He expressed confidence that the Community Trust Act would withstand potential legal challenges, emphasizing the state’s authority to establish parameters for local law enforcement interactions.
Lamb underscored the importance of the bill, which was rapidly passed by the Maryland General Assembly at the end of the legislative session, in safeguarding the rights of individuals arrested by local police.
