ANNAPOLIS, Md. — The Maryland House of Delegates advanced legislation Wednesday that would prohibit local law enforcement from honoring U.S. Immigration and Customs Enforcement (ICE) detainers unless accompanied by a judicial warrant, a move advocates say builds trust between immigrant communities and police.
The Community Trust Act (HB 3-26) passed 98-42 in a largely party-line vote, with Democrats arguing it protects due process rights while Republicans warned it could hinder federal immigration enforcement. The bill now moves to the state Senate, where a companion measure has been introduced.
Maryland currently allows counties to set their own policies on ICE detainers — administrative requests to hold individuals for up to 48 hours beyond their scheduled release. At least seven jurisdictions, including Baltimore and Montgomery County, already limit cooperation with such requests. The statewide bill would standardize these restrictions.
‘This isn’t about obstructing immigration law — it’s about following the Constitution,’ said House Judiciary Committee Chair Luke Clippinger (D-Baltimore), citing federal court rulings that found detainers unconstitutional without probable cause determinations by judges.
Immigration analysts note the legislation reflects a broader trend of state-level pushback against ICE’s detainers. Similar policies exist in California, Illinois, and New Jersey. A 2023 Syracuse University study found detainers issued in Maryland dropped 62% since 2018 as local policies changed.
Opponents, including several sheriffs’ associations, argue the bill could allow potentially deportable individuals charged with crimes to be released. ‘We’re handcuffing law enforcement while criminals walk free,’ said Delegate Jason Buckel (R-Allegany).
The bill’s passage comes as ICE faces scrutiny over detainers issued erroneously to U.S. citizens. A 2024 Homeland Security Inspector General report identified 17 such cases in Maryland since 2020.