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Immigration Enforcement Policies Vary Across Maryland

The recent arrest of Rachel Morin’s alleged killer, Victor Martinez Hernandez, an undocumented immigrant from El Salvador, has highlighted the inconsistent immigration enforcement policies across Maryland.

Some jurisdictions in the state do not honor Immigration and Customs Enforcement (ICE) detainers, which can result in federal officials losing track of individuals they intend to detain upon release from local custody.

Sheriff Jeff Gahler expressed concern about this practice, stating, “Why would you want to release someone back into your community when a federal law enforcement agency has identified them as a public safety or national security threat?”

Policy variations across counties include:

  1. Howard and Prince George’s Counties: Sanctuary policies prohibit cooperation with ICE regardless of the crime committed.
  2. Several Eastern Shore counties: Do not comply with ICE detainers.
  3. Baltimore County: Recently reached a compromise to notify ICE before releasing individuals with detainers.
  4. Carroll County, Baltimore City, and Harford County: Comply with ICE detainers.
  5. Harford County: One of three counties participating in the 287(g) program, allowing local law enforcement to perform certain immigration officer functions.
  6. Anne Arundel County: Terminated the 287(g) program in 2018 but stated they would not interfere with ICE operations.

In 2020, the Maryland legislature considered bills addressing this issue, but neither passed. One sought to prohibit local law enforcement from cooperating with federal immigration enforcement, while another aimed to require such cooperation.

The debate has resurfaced, with the Joint Republican Caucus urging Governor Moore to implement statewide policies and encourage Democrats to repeal certain immigration-related policies.

Governor Moore acknowledged the far-reaching impact of immigration policies, stating, “This inaction on sensible immigration policy is affecting all of us.” However, he has not yet specified what actions, if any, he plans to take.