Maryland Attorney General Anthony G. Brown released updated guidance today for state and local law enforcement agencies regarding their role in federal immigration enforcement. This update revises the 2017 guidelines to reflect recent changes in Maryland law.
The guidance aims to ensure that law enforcement agencies adhere to both federal and state laws while safeguarding constitutional rights and fostering trust within the community. It applies to all state, county, and local law enforcement bodies and has been distributed to these agencies.
Attorney General Brown emphasized that the guidance is also publicly available to maintain transparency and uphold the rule of law. He stated, “Maryland law ensures police handle immigration enforcement in a way that builds trust with immigrant communities, helping them feel safe to report and prevent crime. The federal government cannot compel state and local law enforcement to enforce immigration laws.”
Key points in the guidance include:
- Law enforcement officers are not to inquire about an individual’s immigration status during routine operations unless it is relevant to a criminal investigation.
- Officers must not extend detentions solely to investigate immigration status.
- While officers may communicate an individual’s citizenship or immigration status to federal authorities, they are not mandated to do so.
- Sharing personal information such as names and addresses with federal immigration authorities requires a judicial warrant.
- Officers risk civil liability if they detain individuals on immigration detainers without probable cause.
- Contracting with private immigration detention facilities is prohibited.
The guidance underscores that effective law enforcement relies on the trust of the community, including immigrant populations, and clarifies that federal laws do not compel state and local agencies to enforce federal immigration laws. Maryland law specifically restricts such enforcement activities to protect community relations and individual rights.
