Maryland AG joins 11 other states in challenging President Trump's immigration policy

BALTIMORE -- In a joint statement, Maryland Attorney General Anthony Brown and 11 other states challenged a warning from the Department of Justice ordering state officials to comply with President Donald Trump's immigration initiatives or risk investigation. 

In a memo issued Tuesday, Jan. 21, Acting Deputy Attorney General Emil Bove directed prosecutors and law enforcement to consider charging state and local officials who attempt to impede Mr. Trump's immigration efforts. 

"The Supremacy Clause and other authorities require state and local actors to comply with the Executive Branch's immigration enforcement initiatives. Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests," Acting Deputy Attorney General Emil Bove wrote in a statement. "The U.S. Attorney's Offices and litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution."     

On Monday, state leaders pushed back in their joint statement, saying that the U.S. Constitution prevents the federal government from forcing state officials to enforce federal laws. 

"It is well-established—through longstanding Supreme Court precedent—that the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws," the attorneys general wrote. "While the federal government may use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot "impress into its service—and at no cost to itself—the police officers of the 50 States."  

Crackdown on immigration enforcement 

Immediately following his inauguration, Mr. Trump began a crackdown on immigration enforcement. On Wednesday, Jan. 22, the president signed an executive order deploying 1,500 troops to the southern border, where 2,500 soldiers were already stationed under federal orders. 

The Trump administration also revoked a policy that prohibited arrests by U.S. immigration officers at or near schools, places of worship, or places deemed to be "sensitive locations."

In another executive order, Mr. Trump attempted to end birthright citizenship, ordering federal agencies to stop issuing passports and citizenship documents to children born in the U.S. to parents who are not legal citizens. More than 20 states sued Mr. Trump, alleging that the executive action violates the 14th Amendment of the U.S. Constitution, which grants those born on American soil citizenship. 

In Maryland, immigration groups have filed lawsuits over the birthright citizenship order, including CASA and the Asylum Seeker Advocacy Project.

Maryland immigration enforcement guidelines

Maryland Attorney General Anthony Brown issued guidelines for state and local law enforcement on immigration enforcement on Monday. 

The guidance applies to all state, county, and local law agencies, the AG said.

According to the new guidelines, law enforcement officers: 

• Cannot inquire about immigration status during routine police work unless relevant to a criminal investigation; 
• Must not extend detentions to investigate immigration status; 
• May share citizenship/immigration status with federal officials but are not required to do so; 
• Cannot share personal information (names, addresses) with federal immigration authorities without a judicial warrant; 
• Risk civil liability if they hold individuals on immigration detainers without probable cause; and 
• Are prohibited from contracting with private immigration detention facilities. 

"Maryland law ensures police handle immigration enforcement in a way that builds trust with immigrant communities, helping them feel safe to report and prevent crime. The federal government cannot compel state and local law enforcement to enforce immigration laws," Attorney General Brown said. "This guidance ensures that law enforcement agencies understand the scope and limitations of their authority and makes clear that the rule of law does not change depending on the federal government's priorities."