Attorney General Anthony G. Brown of Maryland has issued updated guidance for state and local law enforcement agencies regarding their roles in federal immigration enforcement. This revised guidance, replacing prior instructions issued in 2017, reflects changes in Maryland law and aims to ensure compliance with both state and federal regulations while emphasizing constitutional protections and the importance of community trust.
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The guidance outlines several key principles. It prohibits law enforcement officers from inquiring about an individual’s immigration status during routine policing activities unless it is directly relevant to a criminal investigation. It also restricts officers from extending detentions to investigate immigration status and prohibits sharing personal information, such as names or addresses, with federal immigration authorities without a judicial warrant. These measures are intended to minimize the risk of civil liability and uphold Fourth Amendment protections against unlawful detention.
Maryland law further prohibits state and local governments from engaging in agreements with private detention facilities for the incarceration of immigrants, as well as financial support for privately funded immigration detention centers. The guidance underscores that while federal law allows information-sharing about immigration status, it does not mandate cooperation with federal immigration enforcement, emphasizing Maryland’s limitations in such collaborations to protect individual rights and foster community safety.
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This directive serves as a resource for law enforcement to navigate the complexities of immigration enforcement laws. It clarifies that federal authorities cannot compel state or local officers to enforce immigration laws, aligning with the Tenth Amendment’s anti-commandeering doctrine. Furthermore, the guidance discourages practices that could lead to racial or ethnic profiling, in order to reinforce trust between law enforcement and immigrant communities.
Attorney General Brown has made the guidance available to the public. The document emphasizes the importance of maintaining community trust, particularly among immigrant populations who may fear interacting with law enforcement due to potential immigration consequences.
Article by multiple RFHC contributors.
Associated documents for this story are available in our Public Information Archive.
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