BALTIMORE — Some Maryland county sheriffs are considering taking legal action against the State after lawmakers outlawed what's known as 287(g)
agreements.
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The controversial program allowed local jurisdictions to serve incarcerated undocumented migrants with active detainers or administrative warrants on behalf of ICE.
Nine state jurisdictions were cooperating with ICE before Governor Wes Moore signed the 287(g) ban into law nearly one month ago.
Many participating sheriffs were very vocal in their opposition, vowing continued partnership with ICE despite the new legislation.
MORE: MD sheriffs criticize 287(g) ban
Wicomico County Sheriff Scott Lewis, a staunch supporter of 287(g), recently told WMAR-2 News that he's weighing legal options, hinting at a potential lawsuit.
"I met with a former federal prosecutor [Tuesday, March 10] who believes we have a case," Lewis said. "We are still exploring our options as we Sheriffs are charged with fulfilling our constitutional duties in protecting our respective counties."
Lewis admits not all legal experts he's consulted with believe the Sheriffs have a strong case.
"We are still meeting with attorneys and legal analysts in an effort to define a legal path going forward," said Lewis. "There is still a lot of uncertainty right now."
For now, Lewis and company will do what they can under the newly passed law which still permits Sheriffs to work with federal authorities, just not the ability to enter into formal agreements.
"The message we're sending to Marylanders is that we are no longer going to formally cooperate with an agency that is engaged consistently and persistently in civil rights and constitutional rights abuses," said Maryland Democratic Senator Will Smith at the time of the law's passage.
