Maryland Sheriffs Sue to Block Law That Limits ICE Cooperation
State of MD - Seventeen Maryland sheriffs have filed a federal lawsuit challenging a new state law, the Community Trust Act, they say puts their communities at risk by blocking cooperation with immigration authorities.
Governor Moore chose not to veto the legislation, and therefore it became law without his signature. The sheriffs say he had the chance to pause, work with law enforcement, and address those problems during the next legislative session. He chose not to.
The lawsuit names Governor Moore, Maryland Attorney General Anthony G. Brown, and the State of Maryland as defendants.
Many sheriffs from across the state are part of the legal action. The counties represented include Allegany, Calvert, Caroline, Carroll, Cecil, Dorchester, Frederick, Garrett, Harford, Kent, Somerset, St. Mary's, Talbot, Queen Anne's, Washington, Wicomico, and Worcester.
At the center of the dispute is what happens when someone in local custody may pose a public safety threat. Under the Community Trust Act, local jails and correctional facilities are blocked from holding individuals for ICE beyond their scheduled release date unless they meet a narrow set of criteria tied to certain felony convictions or prison sentences.
The sheriffs say that restriction means dangerous people could be released back into Maryland communities simply because they do not fit the law's limited categories. They argue that puts residents at risk.
The complaint also raises a constitutional argument. The sheriffs contend that immigration enforcement is a federal responsibility, and that Maryland's law interferes with federal authority in violation of the Supremacy Clause of the United States Constitution. They warn that local agencies could face federal legal liability as a result.
What may be the most striking detail involves a phone call that took place last Friday. During that call, Talbot County Sheriff Joe Gamble asked Governor Moore directly whether he understood the public safety consequences this law could bring to Maryland communities.
According to the complaint, the Governor acknowledged that he and his staff were aware of those potential consequences. He also said he was willing to work with the legislature to fix parts of the bill he did not support.
Despite that, Governor Moore let the legislation become law without a veto. The sheriffs say he had the chance to pause, work with law enforcement, and address those problems during the next legislative session. He chose not to.
The lawsuit asks a federal court to block the provisions of the Community Trust Act that the sheriffs say interfere with law enforcement operations and put communities in danger. The sheriffs want to continue working with federal partners to identify and remove dangerous offenders from their counties.
Their message is straightforward. Protecting the public cannot happen when local law enforcement is blocked from communicating with the agencies responsible for enforcing federal law.
