BALTIMORE — Less than two months after sheriffs from 17 out of 23 Maryland Counties took State lawmakers to federal court over their passing of the "Community Trust Act," the U.S. Department of Justice is filing their own lawsuit.
The legislation essentially prohibits Maryland law enforcement from communicating or cooperating with federal immigration authorities like ICE and Border Patrol.
All County Sheriffs except for Baltimore City, Anne Arundel, Baltimore, Charles, Howard, Montgomery, and Prince George's Counties signed onto the lawsuit, alleging State lawmakers were usurping laws for which they were elected to uphold.
For example, the bill bars local and State police agencies 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.
In their lawsuit announced Thursday the DOJ argues federal law "establishes a system of civil administrative warrants as the basis for immigration arrest and removal, and does not require or contemplate use of a judicial warrant for civil immigration enforcement."
"The Act’s purpose and effect is to obstruct federal law enforcement and thwart the constitutional obligation of the President of the United States to take care that the immigration laws enacted by Congress are enforced," the lawsuit reads.
MORE: Maryland ranks tenth in the nation for releasing jailed migrants wanted by ICE
The policies of cities and states welcoming undocumented migrants to work and live in their communities have been labeled as "sanctuary" by President Donald Trump, his cabinet, and supporters.
Such practices the lawsuit says "jeopardizes the public safety for all Americans."
Maryland, however, argues the law does not require the withholding of citizenship or immigration status information.
The DOJ, however, contends in court documents that there is "no textual basis whatsoever in that Act for that contrived carveout."
To prove their case, the DOJ references Maryland Attorney General Anthony Brown's guidance to State Law Enforcement on how to implement the Trust Act.
In turn DOJ is asking a federal judge to block Maryland from enforcing the Trust Act, citing the Supremacy Clause of the United States Constitution, which declares state laws inferior to federal laws.
It should be noted several federal courts in multiple states, including California, New York, and New Jersey, have dismissed similar lawsuits brought by the DOJ over so called "sanctuary policies," although many of those cases have been linked to funding cuts tied to immigration enforcement or lack thereof.
The full lawsuit can be read below.
