ANNAPOLIS, Md. — Maryland Senate Democrats moved closer to banning 287(g) agreements and limiting when law enforcement can cover their faces during operations, despite potential legal challenges and warnings from federal immigration officials.
The two bills sparked hours of heated debate on the Senate floor, with Democrats arguing the measures protect residents from what they consider an overreaching federal immigration system, while Republicans warned the legislation could compromise public safety.
Maryland Senate advances bills to limit ICE enforcement in the state
"ICE agents have veered from, we're gonna target the worst of the worst, and then we're gonna get the rest later. Then things just spiraled out of control," said Senator Will Smith, a Montgomery County Democrat.
Senate Bill 1, designated as a top priority, limits when law enforcement officers are allowed to cover their faces during operations. The measure is expected to face legal challenges since it would restrict federal government operations at the state level.
"The whole purpose of this amendment is to immediately move the matter into the courts where it ultimately is going to be resolved as the floor leader indicated," said Senator Chris West, a Republican representing Baltimore and Carroll counties.
Senate Bill 245 would ban counties from entering into 287(g) agreements with Immigration and Customs Enforcement. These agreements allow local jails to screen inmates to determine if they're wanted by ICE and contact federal authorities when they are.
"We are dictating what they must or cannot do in this case, that's not the way we should be handling public safety," said Senator Steve Hershey, a Republican representing Caroline, Cecil, Kent and Queen Anne's counties.
Smith defended the legislation, arguing it prevents people accused of minor offenses from being caught in what he called "a deportation pipeline."
"You have people that are ensnared, people who are accused of very minor offenses subject to what could otherwise only be described as a deportation pipeline," Smith said.
Trump administration Border Czar Tom Homan said during a press conference in Minneapolis that 287(g) agreements are essential to reducing the number of ICE agents needed on city streets.
"So if we get these agreements in place, that means less agents on the street. More agents in the jail means less agents in the street," Homan said.
Maryland Democrats have stood by their decision despite the possibility it could bring more ICE agents to the state. The bills now head to third reader for final passage before moving to the House, where Democratic leadership expects them to pass.
Republican Senator Will Folden of Frederick County criticized the process.
"I would say this body is no longer acting in good faith. Because we haven't tried to find a solution that is meaningful," Folden said.
Smith defended the bills, questioning the current state of due process under the Trump administration's immigration policies.
"You are technically correct on everyone's gonna go through an immigration proceeding, but let's understand what due process looks like under this administration," Smith said.
The senator also expressed distrust in how ICE operates under current conditions.
"Things have vacillated and I have zero trust in the way that agency is operating under these conditions," Smith said.
A final vote is needed to fully pass the Senate.
The bills then head to the House where leadership expects them to pass.
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