Some Maryland sheriffs file lawsuit against the state over immigration legislation

Some sheriffs in Maryland are filing a class-action lawsuit against the governor, the state, and the attorney general over recent immigration legislation.

The Community Trust Act was passed as emergency legislation and stops law enforcement from holding someone for the U.S. Immigration and Customs Enforcement (ICE) without a warrant, except for felony crimes and sex offenders. 

Under the act, authorities are also barred from asking those detained in local jails about their immigration status.

The Community Trust Act was fast-tracked through Maryland's General Assembly and was passed on the final day of the legislative session.

Moore told CBS News Baltimore that he will not veto the legislation.

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

The governor has also acknowledged there were some issues with the legislation that need to be worked out in the next legislative session.

"This bill presents real implementation challenges that must be addressed through executive action and in next year's legislative session."

The law is set to go into effect in early June.

Sheriffs push back against the Community Trust Act

Sheriffs from across the state have pushed back on the legislation.

Carroll County Sheriff Jim DeWees told CBS News Baltimore that the legislation poses issues because of the way it was passed, which pits the sheriffs against the federal government.

DeWees believes it will also create a public safety concern within every community.  

"We will be releasing individuals back into our community that we know immigration enforcement is wanting," DeWees said.

Harford County Sheriff Jeffrey Gahler has been vocal against the Community Trust Act, saying last week that the state will likely see the bill's opponents 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," Gahler said. "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."

Dispute over Maryland ending 287(g) agreements

Maryland sheriffs have also been fighting legislation signed into law in February, ending the 287(g) agreements, which allowed law enforcement agencies to partner with ICE by the end of July.

In Maryland, nine counties participate in 287(g) agreements, including Allegany, Carroll, Cecil, Frederick, Garrett, Harford, Washington, Wicomico, and St. Mary's counties. 

Sheriff Gahler argued that the ban will result in some violent offenders being let go unintentionally.  

In his county, Victor Martinez Hernandez, an El Salvador native, was found guilty in the 2023 murder of Rachel Morin, who was found dead along the Ma & Pa Trail in Bel Air, Maryland.

A year earlier, Kayla Hamilton was found dead near her home in Aberdeen, Maryland, on July 27, 2022. Walter Javier Martinez, an undocumented immigrant from El Salvador, was sentenced to 70 years in prison. 

"Doing away with 287(g) has been sold by some legislators as the solution to get ICE out of Maryland," Gahler said. "The opposite will happen. You will still see ICE, probably in greater numbers, doing the job they are lawfully required to do."

Maryland senator explains sponsoring Community Trust Act

Maryland Senator Clarence Lam, who sponsored the Community Trust Act, told WJZ Investigator Mike Hellgren that the law prevents 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," Lam said. "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."

Lam told Hellgren that he is confident that 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," Lam said.