Maryland Law Enforcement Receives Updated Immigration Enforcement Guidance from AG

Maryland Attorney General Anthony G. Brown has issued updated guidance to state and local law enforcement agencies, clarifying their responsibilities in federal immigration enforcement. This revised directive, shared with agencies across the state, incorporates the requirements of the recently enacted Community Trust Act and other relevant legislation. The aim of this guidance is to ensure that law enforcement agencies understand and adhere to both state and federal legal obligations while upholding the constitutional rights of all individuals and serving all Maryland residents.

The updated guidance provides clear direction to law enforcement agencies to ensure compliance with the law, enhance community safety, and protect the rights of all Marylanders, including immigrant communities. It applies to all state and local law enforcement entities and correctional facilities, with the document now publicly available for transparency. Several key updates are reflected in this guidance, designed to standardize procedures and safeguard civil liberties.

Among the significant changes, local correctional facilities, including those operated by the Department of Public Safety and Correctional Services, are now restricted from notifying Immigration and Customs Enforcement (ICE) about an individual’s custody status or providing advance notice of their release. This restriction applies unless there is a specific criminal conviction or a valid judicial warrant or court order. For state correctional facilities, the new guidance mandates notification to ICE within 48 hours prior to releasing an individual who is subject to a detainer and accompanied by a Form I-205 warrant of removal or deportation.

Furthermore, the guidance generally prohibits law enforcement officers from sharing information obtained during their official duties with federal immigration authorities. There are specific exceptions, primarily for situations involving court orders or ongoing criminal investigations. However, this prohibition does not extend to information concerning citizenship or immigration status. In a significant policy shift, units of state and local government are now explicitly barred from entering into 287(g) agreements or any other arrangements that would permit them to enforce civil immigration laws. The full text of the updated guidance can be accessed on the Office of the Attorney General’s website.

This updated guidance is particularly relevant to Maryland residents as it aims to foster trust between law enforcement and all communities, including immigrant populations. By setting clear parameters for immigration enforcement, the state seeks to ensure that law enforcement’s primary focus remains on public safety for everyone. Residents can expect that local law enforcement will operate within these newly defined boundaries, balancing their duties with constitutional protections.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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