Wes Moore passes law banning Maryland law enforcement from partnering with ICE

The pair of emergency bills, SB 245 and HB 444, blocks the state, local governments, county sheriffs, and other law enforcement in Maryland from entering into an immigration enforcement agreement that allows such law enforcement to enforce immigration law. Any existing 287(g) agreements must be terminated.

Moore said in a statement following the signing, "In Maryland, we defend Constitutional rights and Constitutional policing—and we will not allow untrained, unqualified, and unaccountable ICE agents to deputize our law enforcement officers."

"This bill draws a clear line: we will continue to work with federal partners to hold violent offenders accountable, but we refuse to blur the lines between state and federal authority in ways that undermine the trust between law enforcement and the communities they serve. Maryland is a community of immigrants, and that's one of our greatest strengths because this country is incomplete without each and every one of us," he added.

A press release from Moore’s office stated that the bills do not "authorize the release of criminals;" "Impact State policies and practices in response to immigration detainers that are issued by the U.S. Department of Homeland Security;" "Prevent the State or local jurisdictions from continuing to work with the federal government on shared public safety priorities, including the removal of violent criminals who pose a risk to public safety;" or "Prevent State or local jurisdictions from continuing to notify ICE about the impending release of an individual of interest from custody or from coordinating the safe transfer of custody within constitutional limits."

Per CBS News, nine counties in Maryland participate in 287(g) agreements, including Allegany, Carroll, Cecil, Frederick, Garrett, Harford, Washington, Wicomico and St. Mary's counties. Two types of 287(g) agreements have been utilized in the state: one allowing for corrections officers to flag illegal immigrants in jails for ICE detention and hold them for 48 hours, and one allowing law enforcement to serve and execute warrants on those who are jailed.

The move received pushback from the Maryland Freedom Caucus, with GOP members of the caucus accusing state Democrats of restricting "cooperation between local jails and federal immigration authorities."

The group said in a statement, "Sheriffs across Maryland have warned that ending cooperation with ICE will not make communities safer, it will lock down law enforcement and shift encounters from controlled jail transfers to street-level confrontations."

Harford County Sheriff Jeff Gahler, who has had such an agreement with ICE since 2016, said the bills would result in some violent offenders being unintentionally released.

"There'll be those [criminals] who won't get a hit that would have allowed us to identify [them under this agreement], that will not be happening now," Gahler said. "Those individuals who pose a threat to public safety or national security will be walking out of our jails and back into your community."