MD Lawmakers plan to protect undocumented immigrants

One of the executive orders Trump signed into action last week would cut off funds to cities that do not report undocumented immigrants to federal authorities. In response Maryland law makers are fighting back against this measure with legislation of their own, the Trust Act.

Under the Trust Act police and sheriff's departments would be forbidden to comply with requests to hold undocumented immigrants longer than required by the local criminal justice system.

Former Maryland Gov. Martin O'Malley had issued an order that refused those requests from federal authorities but shortly after Gov. Larry Hogan took office that changed. Hogan unlike O'Malley agreeing to notify federal authorities when an illegal immigrant targeted for deportation was released from jail.   

An example used is someone is picked up for a DUI they pay their bail U.S. Immigration and Customs Enforcement (ICE) could ask the jail to hold them until they get there.

"What happens is ICE has the ability to call the jail and say we want to put in a detainer on them, we want you to continue to hold them until we pick them up because even though the state case has concluded we now have federal interest, we want to remove them," said local immigration attorney Eddie Gonzalez.

If the Trust Act were to pass through the general assembly jails would not be allowed to hold them . 

Del.  Marice Morales (D) who plans to introduce the legislation on the house side explains why they've decided to take this approach.

"This is a state that issues drivers licenses for working Marylanders regardless of their immigration status. This is a state that allows dreamers to go to college on in-state tuition and we will not go backwards," Morales said.

Any funding could be denied under that executive order it would have to be approved by congress through the budgetary process.