Maryland sheriffs sue state over immigration enforcement bill
Published in News & Features
BALTIMORE — Maryland sheriffs from more than two-thirds of the state’s counties sued the state of Maryland on Tuesday, arguing that restrictions on cooperation with federal authorities endanger public safety.
The sheriffs, represented by the Federation for American Immigration Reform (FAIR), request the U.S. District Court for the District of Maryland to block the Community Trust Act before it takes effect later this year. The law limits when local law enforcement agencies may cooperate with U.S. Immigration and Customs Enforcement.
The act will become law under a provision that lets Maryland legislation take effect if the governor takes no action within 30 days of receiving it. In the complaint, the sheriffs said the law places local law enforcement agencies “in an impossible and unconstitutional position” by restricting cooperation with federal immigration authorities while federal law continues to govern immigration enforcement.
Seventeen sheriffs are listed as plaintiffs in the case, including those from the eight counties where established 287(g) agreements were terminated. The defendants are Gov. Wes Moore, Maryland Attorney General Anthony Brown, and the state of Maryland.
“This legislation … is an intentional state-mandated obstruction of public safety. (It) deliberately ties the hands of our dedicated local deputies, police officers, and correctional officers,” Harford County Sheriff Jeff Gahler said during a Wednesday news conference FAIR hosted.
Gahler was joined by 16 sheriffs and relatives of Maryland residents killed by undocumented immigrants.
Ammar Moussa, a spokesperson for Moore, said Maryland can simultaneously support law enforcement, protect constitutional rights and keep communities safe. “Governor Moore has been clear: Maryland will always work with federal law enforcement when it makes Marylanders safer, but we will not let untrained, unqualified, and unaccountable ICE agents deputize local law enforcement officers to do federal immigration work,” Moussa wrote in an email to The Baltimore Sun.
Brown’s office didn’t respond to immediate requests for comment.
The Community Trust Act prohibits local law enforcement from:
—Inquiring about a detainee’s citizenship or immigration status
—Alerting ICE when local officers suspect a detainee has violated immigration laws
—Handing over detainees to ICE without a judicial warrant
Local officers and federal agents are only allowed to collaborate when a detainee is:
—A convicted felon
—A registered sex offender
—Served 12 to 18 months in state prison
—Or committed an offense in another state and was imprisoned for at least five years.
Worcester County Sheriff Matt Crisafulli said this can potentially confuse officers trying to understand all of the complex requirements. Although Worcester County didn’t sign a formal 287(g) agreement, the county jails didn’t release detainees without contacting federal agents to “ascertain if there was any paperwork,” Crisafulli added.
“We don’t want any roadblocks or barriers to any communication, because that’s where things can fall through the cracks,” he told The Sun after the news conference.
Last week, Moore told sheriffs during a private meeting that the law presents implementation challenges that his administration hopes to address through executive action and possible legislative changes next year.
In response to these concerns, Wicomico County Executive Julie Giordano said, “At the end of the day, my administration will continue advocating for policies that support public safety, protect taxpayers, and ensure local governments have a seat at the table when decisions directly affect our communities.”
FAIR’s role in the lawsuit could also draw additional scrutiny. The Southern Poverty Law Center has designated FAIR a hate group since 2008, citing alleged ties to white nationalist figures and funding sources. FAIR has repeatedly denied the allegations and said there is “no factual basis” for the designation.
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