MARYLAND (WBFF) — Maryland sheriffs continue to push back against new legislation that would further limit cooperation between local detention centers and federal immigration authorities.
On Tuesday, Frederick County Sheriff Chuck Jenkins told FOX45 News the proposal could impact how local law enforcement handles certain inmates, including those convicted of serious crimes.
The debate comes as immigration policy takes center stage in Annapolis this legislative session.
ALSO READ | Sheriffs testify against plan to further limit ICE cooperation in Maryland
Earlier this year, Governor Wes Moore signed a law eliminating formal 287(g) partnerships inside detention centers across Maryland. The program previously allowed local law enforcement to work directly with Immigration and Customs Enforcement (ICE) to identify inmates who may be in the country illegally.
Moore noted an exception allowing communication with ICE when individuals convicted of violent crimes are involved.
But a new proposal — Senate Bill 791, also referred to as the Community Trust Act, introduced by State Senator Clarence Lam — would go further. The bill would prohibit local detention centers from communicating with ICE unless agents present a judicial warrant.
“This is intended to close any further loopholes that may exist to allow local governments to still cooperate with ICE,” Senator Lam said.
In response, Jenkins argued, “If this most recent bill that’s being discussed now is passed, I see no way where a sheriff or a detention center or detention facility can communicate or work with ICE.”
According to Sheriff Jenkins, the legislation would lead all inmates, no matter the crimes committed, to be released instead handed over to ICE behind bars. He pointed to the recent case of Ruben Hernandez-Lainez as an example of what he said is at stake.
About a month ago, Frederick County correctional officers identified Hernandez-Lainez — an El Salvadoran national convicted of rape and assault — while he was in custody. Jenkins said once his local sentence was served, deputies immediately transferred him directly to ICE.
“So, he would have walked out the door into our community and most likely reoffended again had it not been for 287(g). The detainer was on him, we turned him over to ICE, and he’s now in El Salvador,” Jenkins said.
According to Jenkins, the Frederick County detention center currently houses about 20 inmates believed to be in the country illegally, facing charges ranging from first-degree murder to rape and assault. But the sheriff said his concern goes beyond those already in custody.
“My concern is the individuals that are not only in our jail that have to be released at some point after serving their sentences, it’s the ones that are coming in that will be arrested,” Jenkins said. “We will be flying blind because we’ll have no idea who these people are, where they’re from, and what their threats are.”
As the Community Trust Act continues to work its way through the General Assembly, Jenkins says he’s now working on obtaining legal representation.
“I’ve reached out to a number of organizations. I’m told by one organization there is no legal challenge. Again, I’m kind of shopping for support, someone who says, ‘Listen, we can represent sheriffs and take this to court,’” Jenkins said.
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