Maryland Attorney General Anthony Brown has released newly updated guidelines for state and local law enforcement outlining their role in federal immigration enforcement.
This follows the passage of the Community Trust Act, which became state law in May 2026.
Key provisions of the Community Trust Act:
- Local correctional facilities — including pre-trial facilities run by the Department of Public Safety and Correctional Services — may not notify ICE of an individual’s custody status or provide advance notice of release for individuals without certain criminal convictions, unless there is a valid judicial warrant or court order.
- State correctional facilities must notify ICE within 48 hours before releasing an individual who is the subject of a detainer accompanied by a Form I-205 warrant of removal or deportation.
- Law enforcement officers may not generally share information obtained in the course of their duties with federal immigration authorities, except under limited circumstances such as court orders or criminal investigations. This prohibition does not apply to information about citizenship or immigration status.
- State and local government agencies are prohibited from entering into 287(g) agreements or other agreements authorizing the enforcement of civil immigration laws.
“Maryland has made clear through the Community Trust Act that our law enforcement agencies have one objective: keeping all Marylanders safe, including members of our immigrant communities,” said Attorney General Brown. “This guidance gives every law enforcement agency in the state the direction they need to follow the law, keep our communities safe, and protect and serve all Marylanders.”
Legal challenge from Maryland sheriffs
Sheriffs across Maryland have filed a lawsuit challenging the Community Trust Act, claiming the law forces the “harboring of criminal offenders.”
“These prohibitions intentionally obstruct federal law enforcement and thwart Plaintiffs’ obligation to uphold the Constitution of the United States,” the sheriffs wrote in their filing. “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.”
RELATED: Sheriffs from 17 Maryland Counties sue the State over law forcing 'harboring of criminal offenders'
The lawsuit alleges that the Community Trust Act violates the Supremacy Clause of the U.S. Constitution in four ways:
- It forces plaintiffs to engage in conduct that federal law criminalizes, such as harboring and obstruction of justice.
- It stands as an obstacle to the accomplishment 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.
