Maryland Senate Revives Bill to Rein In Local Police Collaboration with ICE Amid Defiance Threats

Maryland’s Senate Judicial Proceedings Committee abruptly revived the Community Trust Act late Thursday, breathing new life into legislation designed to limit how local law enforcement agencies collaborate with U.S. Immigration and Customs Enforcement (ICE). This move comes after Gov. Wes Moore’s February emergency orders banned 287(g) agreements—formal partnerships allowing local jails to assist ICE in identifying and processing undocumented immigrants.

Despite the ban, some county sheriffs, including Frederick County’s Chunk Jenkins who oversaw one of the longest-standing 287(g) programs, have openly vowed to defy the law, with Jenkins threatening a constitutional challenge. Senate President Bill Ferguson (D-Baltimore City) called out these defiant remarks as unacceptable, underscoring the urgent need for a uniform statewide policy to prevent local officials from undermining immigration protections.

The Community Trust Act would restrict local law enforcement to contacting ICE only when an individual in custody has a felony conviction, a prior Maryland incarceration of at least 12 months, or is required to register as a sex offender. An amendment with bipartisan support extends this to include those who served five or more years in prison in other states. The bill also allows ICE notification if a court order or judicial warrant exists—excluding administrative warrants and immigration detainers, which federal authorities issue without judicial oversight.

Importantly, correctional facilities must notify ICE within 48 hours if releasing someone subject to an active immigration detainer. The bill also prohibits law enforcement from asking about immigration status or citizenship during routine booking unless directly relevant.

Republicans slammed the bill’s sudden committee vote as a “secret session” that excluded sheriffs and local law enforcement input. Sen. William Folden (R-Frederick County) walked out, claiming the process violated open meetings rules. Senate Judicial Proceedings Committee Chair Will Smith (D-Montgomery County) countered that the session was public and delayed debate to allow Republicans to propose amendments—only one of which, Folden’s, was adopted.

Democrats argue that the bill protects immigrant communities by preventing fear-driven silence that impedes crime reporting and public safety. Smith rejected GOP calls to deport individuals merely charged with serious crimes before conviction, emphasizing due process and local accountability over immediate removal. Republicans countered that housing undocumented inmates strains state resources and that deportation is a cost-saving measure.

The bill cleared initial Senate approval after a two-hour debate and is poised for final passage, with the Democratic-controlled House signaling support. If enacted, Maryland would reinforce its stance against local law enforcement acting as ICE’s immigration enforcers, pushing back on the Trump-era legacy of entangling policing with immigration raids and detentions.

This legislative battle highlights the ongoing national struggle over immigration enforcement’s role in local policing and the fight to protect immigrant communities from federal overreach and racial profiling. Maryland’s Community Trust Act aims to draw a clear line, ensuring police focus on public safety—not immigration enforcement—and restoring trust where it has been broken.