ICE fears are keeping some Maryland witnesses out of court, prosecutors say
Published in News & Features
BALTMORE — Some Maryland prosecutors say heightened federal immigration enforcement is making it harder to hold offenders accountable, as fears of possible immigration arrests leave witnesses reluctant to report crimes or testify in court.
The concerns, voiced by prosecutors in some of the state’s largest jurisdictions, come after changes to federal immigration enforcement policy in 2025 and amid a sharp increase in immigration arrests across Maryland. Other prosecutors say they have not yet seen a measurable effect on criminal cases, illustrating a mixed picture of how the policy changes are affecting courtrooms around the state.
Baltimore City State’s Attorney Ivan Bates said his office has experienced instances in which immigrant victims and witnesses have expressed fear about coming to court or participating in criminal prosecutions because of concerns about immigration enforcement.
“When victims and witnesses are intimidated into staying silent, it doesn’t just impact a single case; it undermines public safety for every Baltimore resident,” Bates said in a statement to The Baltimore Sun.
The State’s Attorney’s Office said those concerns existed before the federal policy changes but have become more frequent since 2025.
“The concerns from victims and witnesses who are immigrants occurred before the immigration policy change in 2025, but not as frequently as they do now since the change has occurred,” said James Bentley, a spokesman for the office.
“A key element to winning a prosecution is the testimony of victims and witnesses,” Bentley said. “When they do not come forward and testify, it puts a case at a higher risk of failing to secure justice. When justice is not served, and offenders are not held accountable, the potential for recidivism is high, and the message of no consequences is heard across Baltimore.”
Without victims and witnesses willing to cooperate, prosecutors can struggle to prove criminal charges beyond a reasonable doubt, particularly in cases that depend heavily on witness testimony.
Prosecutors report varying experiences
Interviews with prosecutors across Maryland suggest the issue is affecting jurisdictions differently.
A spokesperson for the Prince George’s County State’s Attorney’s Office said prosecutors have seen witnesses failing to show up.
“We have seen similar concerns in Prince George’s County, where victims and witnesses are more reluctant to report crimes and testify in court,” the spokesperson said. “We continue to encourage anyone who has been the victim of or witnessed a crime to come forward so that we can ensure offenders are held accountable.”
Baltimore County State’s Attorney Scott Shellenberger said his office has not yet experienced witnesses failing to appear because of immigration concerns, but said he would not be surprised if that changes.
Anne Arundel County State’s Attorney Anne Colt Leitess said her office has received questions from residents concerned about immigration enforcement but has not seen those concerns translate into reduced participation in court.
“While we have fielded some inquiries from people concerned about potential ICE activity, we have not seen a marked impact on the participation of victims and witnesses in the administration of the court process,” Leitess said.
“For our justice system to function properly and put criminal offenders behind bars, we count on the testimony of all victims and witnesses, regardless of immigration status. I have confidence that my office, State, and local Anne Arundel County and Annapolis law enforcement agencies will continue to ensure that all members of our community feel safe in reporting criminal activity and attending court.”
Howard County’s State’s Attorney’s Office said it could not determine whether immigration enforcement has affected prosecutions because it does not routinely track why victims or witnesses fail to appear in court.
Policy changes and rising enforcement
The prosecutors’ comments come amid broader changes in federal immigration enforcement.
In January 2025, the Trump administration rescinded broader restrictions on immigration enforcement at courthouses and adopted new guidance allowing civil immigration enforcement in or near courthouses under certain circumstances.
Asked to comment, ICE officials directed The Sun to the agency’s policies online. Current guidance states that while courthouse enforcement operations are generally directed at targeted individuals, people encountered during those operations — including witnesses attending court proceedings — “may be subject to civil immigration enforcement action on a case-by-case basis considering the totality of the circumstances.”
The guidance also instructs officers, when practicable, to minimize disruption to court proceedings.
The policy changes have coincided with a significant increase in immigration arrests across Maryland.
According to Maryland’s Immigrant Rights Protection Task Force, ICE made 6,596 arrests statewide between January 2025 and March 2026, a 257% increase from 1,846 during the same period a year earlier. More than 73% of those arrests occurred outside jails and prisons, and about 72% of those non-custodial arrests involved people with no criminal convictions or pending criminal charges.
The task force concluded that heightened immigration enforcement has discouraged some immigrants from reporting crimes and cooperating with criminal investigations and prosecutions, warning that ensuring victims can safely report crimes “helps hold criminals accountable and makes our communities safer.”
Concerns inside and outside the courtroom
Bates said he could not say whether crimes themselves are being underreported because police, rather than prosecutors, receive initial crime reports.
Still, he said it is understandable that some immigrants “may be hesitant to contact authorities given the stories they are seeing in the news regarding immigration enforcement.”
He said the Baltimore City State’s Attorney’s Office has responded by staffing its Victim Witness Unit with bilingual coordinators who help non-English-speaking victims and witnesses navigate the criminal justice system.
“Our responsibility is to pursue justice, and we cannot do that without the cooperation of victims and witnesses,” Bates said.
He also praised the Baltimore City Sheriff’s Office “for the steps it has taken to ensure that immigration enforcement actions do not interfere with the orderly administration of justice inside our courthouses.”
Baltimore City Sheriff Sam Cogen has said ICE agents may not execute arrests or access secure areas inside the city’s circuit courthouse without a federal judicial warrant, arguing that courthouses should remain safe, neutral places where people can participate in legal proceedings.
Immigrant legal service providers say the fear extends beyond criminal prosecutions.
“Panic and fear has surged in our client communities,” said Angela Edman, managing attorney for Esperanza Center’s legal services. “We are seeing increased enforcement; a lot of our long-standing clients are afraid to come in. Community members who have no criminal background.”
Ama Frimpong, chief of services for We Are CASA, said workers have also become increasingly reluctant to assert their rights.
“Employers are telling workers who attempt to assert their rights, ‘If you don’t stop texting me, I will call ICE on you,'” Frimpong said. “Increasingly, workers have become afraid to pursue their rights out of fear that they will indeed be turned over to ICE.”
For Bates, the issue extends beyond any one prosecution.
“Our highest priority is ensuring that victims and witnesses feel safe enough to come forward, report crime, and testify truthfully,” he said. “When people are too afraid to participate in the criminal justice system, offenders are less likely to be held accountable, and that ultimately makes every neighborhood in Baltimore less safe.”
_____
©2026 The Baltimore Sun. Visit at baltimoresun.com. Distributed by Tribune Content Agency, LLC.







Comments