BALTIMORE (WBFF) — The U.S. Department of Justice is asking a federal judge to reject Maryland’s attempt to dismiss a lawsuit challenging the state’s Community Trust Act, arguing that the new law unlawfully interferes with federal immigration enforcement.
In a 32-page filing filed Friday, the federal government argues that provisions of the law are preempted by federal immigration statutes and violate constitutional protections shielding federal operations from state interference. The filing responds to Maryland’s July 31 motion to dismiss the case.
The dispute centers on Maryland’s Community Trust Act, enacted as Senate Bill 791. The law restricts how state and local law enforcement and correctional agencies may cooperate with federal immigration authorities.
The law generally prevents local correctional facilities from holding individuals at the request of federal immigration authorities without a judicial warrant. It also restricts facilities from notifying federal authorities that an individual is in custody or transferring that person into federal immigration custody without specified judicial authorization.
The law also limits information sharing. State and local officers generally cannot provide federal immigration authorities with information obtained during their duties without a valid court order. Other provisions restrict inquiries into a person’s citizenship, immigration status or place of birth.
The U.S. Justice Department argues those restrictions conflict with the federal immigration system established by Congress.
Federal immigration law authorizes the Department of Homeland Security to use administrative warrants, detainers and subpoenas as part of immigration enforcement. The DOJ argues Maryland cannot effectively impose an additional requirement that federal authorities obtain judicial approval before state and local agencies recognize those tools.
The government also argues that Maryland’s restrictions on information sharing are expressly preempted by federal law. The DOJ says federal law restricts government entities from prohibiting or limiting exchanges with federal immigration authorities involving information regarding citizenship or immigration status.
Another key argument is that states generally can’t regulate the federal government or treat it unfairly. The DOJ argues that Maryland’s law directly interferes with federal operations by imposing state requirements on immigration authorities.
The federal government argues the state law discriminates against the federal government because several restrictions specifically apply to “federal immigration authorities,” while comparable restrictions do not apply to other law enforcement agencies.
Maryland, according to the federal filing, has invoked the Tenth Amendment and anti-commandeering principles that generally prevent the federal government from forcing states to administer federal programs.
However, the DOJ says it is not seeking to require Maryland officers to make immigration arrests or independently enforce federal immigration laws. Instead, the government argues that Maryland cannot obstruct federal enforcement by restricting information sharing or preventing orderly transfers of individuals already in state or local custody.
The case started July 9, when the federal government sued Maryland and its attorney general over the Community Trust Act. The government wants the court to strike down parts of the law and block Maryland from enforcing them.
But the judge isn’t deciding yet whether the law is constitutional. Right now, the question is whether Maryland can get the lawsuit thrown out before the case moves forward.
The DOJ lawsuit is not the first legal challenge to Maryland’s Community Trust Act.
In May, 17 Maryland sheriffs filed a separate federal lawsuit against Gov. Wes Moore, Attorney General Anthony Brown and the state, seeking to block the law. The sheriffs argued the law restricts their ability to honor federal immigration detainers, notify federal authorities about people in custody, transfer people to ICE or share certain information without a judicial warrant.
Several sheriffs said at the time that the restrictions could make it harder for local and federal law enforcement to work together.
“We don’t want to be here today,” Wicomico County Sheriff Mike Lewis said while announcing the lawsuit, adding that state leaders “have overstepped their boundaries.”
Carroll County Sheriff Jim DeWees also questioned where restrictions on communication between local and federal agencies could lead.
“We’re no longer allowed to communicate with immigration officials, ICE,” DeWees said. “When does it actually stop?”
Moore allowed the Community Trust Act to become law without his signature. At the time, he said the measure would help keep local police focused on fighting crime and protect Marylanders’ constitutional rights, but acknowledged the law presented “real implementation challenges.”
The governor also said public safety requires coordination between federal, state and local agencies and that his administration was working with the Attorney General’s Office to address questions surrounding joint investigations.
Supporters of the law have argued that limiting local involvement in federal immigration enforcement can strengthen trust between immigrant communities and police. We Are CASA, which supported the legislation, called the sheriffs’ lawsuit a “desperate and politically motivated attack on immigrant communities” and said Maryland is safer when residents can report crimes and cooperate with police without fearing immigration consequences.
Follow Political Reporter Mikenzie Frost on X and Facebook. Send tips to mbfrost@sbgtv.com.
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