Seventeen Maryland Sheriffs Sue State over “Community Trust Act”
MARYLAND – Sheriffs from across the state of Maryland convened in Annapolis on Wednesday to announce legal action they are taking against the state.
The sheriffs, joined by the Federation for American Immigration Reform (FAIR), argue that the state’s newly enacted “Community Trust Act” undermines public safety and restricts cooperation between local law enforcement and federal immigration authorities. In the press conference on May 27, sheriffs further contended the law places local law enforcement officers in an untenable position by restricting cooperation with federal authorities while still expecting sheriffs to uphold both state and federal law. They are now asking a federal court to intervene in the policy.
“What I want to do is to continue to seamlessly work with our federal partners like we do with the DEA, the FBI, the United States Secret Service, or the CIA. Why should it be any different with ICE?” Wicomico County Sheriff Mike Lewis said in an interview with WMDT. “Why should we not be allowed to work with our federal partners to better protect our community?”
The sheriffs involved represent jurisdictions across Maryland, including Allegany, Calvert, Caroline, Carroll, Cecil, Dorchester, Frederick, Garrett, Harford, Kent, Somerset, St. Mary’s, Talbot, Queen Anne’s, Washington, Wicomico, and Worcester counties. Their lawsuit is filed against Governor Wes Moore, Maryland Attorney General Anthony G. Brown, and the State of Maryland.
“Our deputies work every day to protect families, remove dangerous offenders from our streets, and hold criminals accountable, regardless of their immigration status,” Queen Anne’s County Sheriff Gary Hofmann said in a statement. “Public safety should never be compromised by policies that prevent law enforcement from working together.”
The lawsuit argues that under the Community Trust Act, local correctional facilities and law enforcement agencies are prohibited or limited from detaining individuals for U.S. Immigration and Customs Enforcement (ICE) beyond their scheduled release except in narrowly defined circumstances. According to the complaint, these restrictions may result in individuals who pose legitimate public safety concerns being released back into Maryland communities because they do not meet the law’s criteria for continued detention.
Governor Wes Moore did not sign the Community Trust Act during his most recent bill signing, but has previously stated he would let it become law without his signature. Talbot County Sheriff’s Office (TCSO) says their department was part of a conference call with Governor Moore on May 22, in which Talbot Sheriff Joseph Gamble asked the Governor is he was aware of the unintended public safety consequences this legislation could have on the state’s communities.
“Governor Moore acknowledged that he and his staff were aware of those potential consequences and expressed a willingness to work with the legislature to address provisions of the bill that he did not support. However, rather than vetoing the bill and collaborating with lawmakers and law enforcement during the next legislative session to resolve those concerns, he allowed legislation to become law immediately,” TCSO said in a statement.
Further, opponents of the policy say this will lead to more ICE activity in neighborhoods and at local businesses.
“There are many instances where a warrant is not required, and that includes kicking in the door of a house in the middle of the night, with children inside and other people inside,” Sheriff Lewis elaborated. “Not only will they get the one person you’re looking for, but they’re going to take six or eight other people that now have been identified as illegally being in our country, and they all go.”
Sheriff Lewis tells WMDT that this case is being prosecuted pro bono by FAIR’s legal team.
