Maryland Gov. Wes Moore signed two emergency bills on Feb. 17 restricting state and local law enforcement from participating in certain federal immigration enforcement efforts.
House Bill 444 and Senate Bill 245 took effect immediately. The measures prohibit local agencies from entering into or continuing 287(g) agreements, which authorize local officers to perform specific federal immigration enforcement duties under the supervision of U.S. Immigration and Customs Enforcement (ICE).
The Maryland General Assembly fast-tracked the cross-filed bills after introducing them on Jan. 22 amid growing debate nationwide over ICE activity and its impact on local communities.
Supporters say the legislation is designed to protect constitutional policing standards and strengthen trust between immigrant communities and local law enforcement.
“These bills reflect years (more than a decade) of advocacy from We Are CASA, the ACLU of Maryland, and partners who believe in the dignity of all,” said Dana Vickers, executive director of the ACLU of Maryland.
Vickers said many individuals detained nationwide under 287(g) agreements had not been convicted of crimes, arguing that such partnerships have led to family separations and strained police-community relations.
At the bill signing, Moore said the legislation draws a clear distinction between state and federal authority.
“What this bill does is draw a very clear line,” Moore said. “It says that in Maryland, we defend constitutional rights and we defend constitutional policing. We refuse to blur the lines between state and federal authority in ways that undermine the trust between law enforcement and the communities that they serve.”
Moore emphasized that public safety remains a priority and addressed concerns that the legislation could interfere with law enforcement operations.
“This legislation does not authorize the release of criminals,” he said. “It does not prevent Maryland from working with the federal government to hold violent offenders accountable. We will continue to coordinate on shared public safety priorities, including the lawful removal of non-citizen offenders who pose a risk to public safety.”
Maryland is home to approximately 1.1 million immigrants, about 17% of the state’s population, according to the Vera Institute of Justice. Nationally, immigrants make up roughly 14% of the U.S. population.
Opponents, including members of the Maryland Freedom Caucus, argue the measures could limit jail cooperation with federal authorities and complicate transfers involving individuals subject to immigration enforcement.
Del. Lauren Arikan (R-Md.-7B) criticized the legislation, expressing concerns that it could hinder efforts to address serious crimes involving non-citizens.
House Speaker Joseline Peña-Melnyk (D-Md.-21), who immigrated to the United States as a child, spoke in support of the bills, citing data on incarceration rates among immigrants.
“As someone who came to this country when I was eight, with parents who did not speak English and struggled to make ends meet, I can stand here and tell you that immigrants have some of the lowest rates of incarceration,” she said.
Research from the Cato Institute indicates that native-born Americans born in the 1990s are more than twice as likely to be incarcerated by age 33 as immigrants.
Peña-Melnyk said the legislation reflects Maryland’s commitment to constitutional protections and civil rights.
“In our state, we value respect. We value people’s contribution. We value the Constitution. We value and support and protect civil rights,” she said.
