Maryland Senate Passes Immigration Cooperation Bill
The Maryland Senate took a significant step on Friday night by approving a bill designed to restrict local cooperation with Immigration and Customs Enforcement (ICE). Advocates argue that the legislation is essential for closing loopholes that undermine the state’s commitment to limiting collaboration with federal immigration authorities.
Senate Bill 791 Advances Amid Legislative Deadline
In a 29-13 vote, Senate Bill 791 was sent to the House of Representatives, with the clock ticking as the 90-day legislative session approaches its conclusion at midnight on Monday. Although the House is set to convene on Saturday, it remains uncertain if the bill will receive approval in time.
House Version Stalled as Senate Takes Lead
The House’s equivalent bill, introduced by Rep. N. Scott Phillips (D-Baltimore County), has yet to move beyond committee discussions. Given the tight timeline, the Senate version is likely to become the primary vehicle for legislative action in the coming days.
Community Trust Act Enhances Prior Legislation
This bill aims to close gaps that permit local law enforcement and correctional facilities to detain individuals based solely on their immigration status or ICE requests. Advocates label it the Community Trust Act, asserting that it builds upon earlier legislation that prohibits 287(g) agreements, which allow local authorities to assist ICE with immigration enforcement.
Debate Centers on Public Safety and Due Process
Senator William C. Smith Jr. (D-Montgomery), a proponent of the bill, expressed pride in its passage, emphasizing its potential to reinforce Maryland’s stance as a welcoming state that values public safety and constitutional rights. In contrast, Senate Minority Whip Justin Ready (R-Frederick and Carroll) raised concerns about the bill’s possible “unintended consequences,” warning that it might hinder law enforcement’s ability to protect the community.
Defining ‘Covered Individuals’ in Revised Legislation
A significant amendment added during the lengthy debate identifies “covered individuals” who may be reported to ICE. This includes individuals detained in local or state facilities with felony convictions, registered sex offenders, or those who have served more than a year in state prison. A further provision introduced by Sen. William G. Folden (R-Frederick) expands the definition to include individuals convicted of crimes in another state if they have completed at least five years of incarceration.
Local Law Enforcement’s Role Clarified
The bill stipulates that local governments may act only upon obtaining a judicial warrant rather than an administrative warrant from federal authorities. Additionally, it specifies that a district court chief or judge can consider the immigration status of a detainee when determining pretrial release or setting bail for felony charges.
Contention Over Terminology and Legal Implications
Discussions during the Senate debate underscored a key divide over the terms “conviction” and “indictment.” Democrats emphasized the importance of due process for individuals who may be wrongfully accused, while Republicans argued for stringent measures against those unlawfully present in the country. Sen. Paul Corderman (R-Frederick) stated that local law enforcement should maintain a cooperative relationship with federal authorities, especially in serious cases like murder, asserting that restricting this collaboration is unreasonable.
Support and Criticism Following Senate Session
Shortly after the Senate session adjourned, several Democrats participated in a press conference with the immigrant rights organization We Are CASA, echoing criticism directed at the Senate for the delayed action on the bill. Senate President Bill Ferguson (D-Baltimore City) addressed supporters, affirming the extensive efforts made to advance the bill and highlighting the emotional stakes involved. He conveyed confidence that the Senate’s move was a positive step forward in addressing immigration policy in Maryland.
