Immigration bills limiting Maryland's cooperation with ICE will become law without Governor's signature; sheriffs plan lawsuit

Two controversial immigration bills that limit local law enforcement's cooperation with ICE will soon go into effect in Maryland without Governor Wes Moore's signature. 

Governor Moore announced Friday he will not veto them but acknowledged there are some issues with the Community Trust Act that must be worked out in the next legislative session.

What does the Community Trust Act do? 

The Community Trust Act stops Maryland law enforcement from holding someone for federal Immigration and Customs Enforcement (ICE) without a warrant—with exceptions for felony crimes and sex offenders.

Authorities are also barred from asking those detained in local jails about their immigration status. 

The Community Trust Act, passed as emergency legislation, will go into effect in early June, giving law enforcement and state officials several more days to comply. 

Activists upset over the Trump administration's hardline immigration enforcement policies pushed for the Community Trust Act, which was fast-tracked through the General Assembly and passed on the final day of the session. 

Senator Clarence Lam sponsored it. 

"I think we're just happy that it's going to go into effect," Lam told WJZ Investigator Mike Hellgren. 

Lam said, "There has to be due process in place for those individuals. They might have been picked up for jaywalking or a speed infraction, and we don't want those folks to automatically be forwarded to ICE, for them to come in and detain them and then potentially deport them."

Lam said the Community Trust Act stops a workaround by some sheriffs who were still communicating with federal officials despite a previous ban on 287(g) agreements.

"[Some sheriffs said] we're going to have informal communications, so that when individuals come in for booking, we're going to let ICE know just by giving them a call. That is counter to the spirit of the law that we just passed on the ban on 287(g) agreements, and that's why this bill, the Community Trust Act, was so important to pass this session because it basically closes that loophole that the sheriffs immediately identified as being able to exploit."

Governor's response 

Governor Moore told WJZ in a statement that he will not veto the legislation, which means it will become law. 

"We will not let untrained, unqualified, and unaccountable ICE agents deputize our law enforcement officers to do immigration work," Moore said. 

But Governor Moore also noted, "…this bill presents real implementation challenges that must be addressed through executive action and in next year's legislative session."

Opponents threaten lawsuit

Harford County Sheriff Jeff Gahler is among those fighting the legislation, and he told Hellgren that Governor Moore addressed sheriffs on a call Friday morning. 

"He talked about working with the Maryland Attorney General to try to work out some of the issues. It's not the Attorney General's job to work out legislative issues. That's the legislature," Gahler said. "He pointed out his concerns with the legislation, knowing it's not a good bill. So, to veto a bad bill, that seems pretty simple to me.

Sheriff Gahler said opponents will likely see the state in court.

"What's going to happen now is we're going to have to adhere to Maryland law, but yes, you're going [to] see that early next week. That's being worked on right now. The lawsuit is all ready to be filed. You're going to see most Maryland sheriffs join together, I believe—more on this to come, but to file a lawsuit, a major lawsuit against the state for passing such a terrible piece of legislation and infringing of the duties and responsibilities of the elected office of sheriff," Gahler said.

Lam believes the Community Trust Act will survive a legal challenge.

"We believe this is legal because the state has the authority to be able to put boundaries and protections in place on individuals that are picked up by local law enforcement to be booked," he said. 

Immigration rights advocates, including We Are CASA, wrote a letter to the governor this week urging him to allow the Community Trust Act to become law. 

"We know where the governor stands, and he stands with our community, but even amongst friends it's important for us to be continuing to have him reaffirm that commitment," said We Are CASA Executive Director George Escobar. "We are definitely heartened by the fact that this will become law. This is the culmination of the advocacy of thousands of folks for multiple years, really trying to get us to this point."

Data Privacy Act

The Data Privacy Act, which stops federal immigration enforcement from accessing state records, including Motor Vehicle Administration documents and records on taxes, healthcare, and unemployment benefits, will also become law without the governor's signature. 

It takes effect July 1st. 

Lam sponsored that legislation as well. 

"We don't want to open those databases up to federal agents coming in and grabbing that information for their immigration or other nefarious purposes," he said.

Full statement from Governor Wes Moore:

"My views on this have been clear: Maryland will always work with the federal government when that coordination makes our people safer. But we will not let untrained, unqualified, and unaccountable ICE agents deputize our law enforcement officers to do immigration work.

"The Community Trust Act advances an important goal: keeping local law enforcement focused on the work that has helped drive Maryland's historic reductions in violent crime, while protecting the constitutional rights of Marylanders. At a time when Donald Trump's ICE has repeatedly spread fear in communities, ripped mothers out of cars, and is arresting 5-year-olds, Maryland has a responsibility to make clear that public safety and civil rights go hand in hand.

"That said, this bill presents real implementation challenges that must be addressed through executive action and in next year's legislative session. Protecting our communities requires seamless coordination among federal, state, and local partners, and the bill creates ambiguities around joint investigations that we are working with the Attorney General's office to clarify. Local law enforcement must also retain the flexibility they need to operate within the law, share appropriate information, and keep communities safe.

"For those reasons, I will allow the Community Trust Act to become law without my signature. I look forward to working with law enforcement leaders, the legislature, advocates, and our federal partners to address these issues and ensure Maryland can protect constitutional rights, maintain trust in our communities, and give law enforcement the tools they need to keep people safe."