BALTIMORE — Sheriffs from 17 out of 23 Maryland Counties are taking the State to federal court over the recently passed "Community Trust Act."
The legislation which Governor Wes Moore allowed to become law without his signature essentially prohibits Maryland police agencies from any communication or cooperation with federal immigration officials like ICE and Border Patrol.
For example, the bill bars local and State law enforcement from notifying the feds about undocumented migrants already charged and in custody, all while preventing them from being transferred or handed over to immigration agents unless court ordered.
It also bans officers from inquiring about one's citizenship, immigration status, or place of birth during a stop, search, or arrest.
With limited exceptions, the law applies to County corrections officials whom Sheriffs often supervise as well.
"These prohibitions intentionally obstruct federal law enforcement and thwart Plaintiffs’ obligation to uphold the Constitution of the United States," the Sheriffs wrote in a newly filed lawsuit. "Maryland’s blatant defiance of federal immigration law is not merely a political disagreement or passive abstention; it is deliberate, disruptive action that jeopardizes the public safety of all Americans."
SEE ALSO: Maryland sheriffs are considering taking legal action against the State over ICE 287(g) ban
All County Sheriffs except for Baltimore City along with Anne Arundel, Baltimore, Charles, Howard, Montgomery, and Prince George's Counties signed onto the lawsuit.
Maryland Governor Wes Moore and Attorney General Anthony Brown are each named as defendants.
In their lawsuit, the Sheriffs claim the "Community Trust Act" violates the federal government's Supremacy Clause in the following four ways:
- It forces Plaintiffs to engage in conduct that federal law criminalizes as harboring and other offenses such as obstruction of justice
- It stands as an obstacle to the accomplishment of the purposes of federal immigration law
- It is expressly preempted by the Immigration and Nationality Act
- It unlawfully regulates the Federal Government in violation of principles of intergovernmental immunity
MORE: Maryland ranks tenth in the nation for releasing jailed migrants wanted by ICE
Despite Moore's signature not being attached, the Community Trust Act went into law because it was passed by a super majority of Maryland's General Assembly controlled by Democrats.
"Protecting our communities requires seamless coordination among federal, state, and local partners, and the bill creates ambiguities around joint investigations that we are working with the Attorney General's office to clarify," Moore said after passing on signing the legislation.
For more on the bill, click here.
The lawsuit can be read below.
