Law professor analyzes Montgomery County anti-ICE hiring measure

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A proposed Montgomery County bill that would restrict the hiring of some former federal immigration enforcement employees is raising questions about public trust, employment law and the balance of power between local and federal governments.

During an interview on 7News, anchor Megan Clarke spoke with Cori Alonso-Yoder, assistant professor of law and director of the Immigration Clinic at the University of Maryland Francis King Carey School of Law, about the proposed Community Trust and County Employees Act.

The legislation would limit the county’s ability to hire certain individuals who previously worked for federal immigration agencies during a specified period, a proposal supporters say is intended to strengthen trust between immigrant communities and local government.

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Alonso-Yoder said the proposal reflects a broader trend of state and local governments responding to expanded federal immigration enforcement efforts.

“I really see this as an ongoing trend as state and local officials are attempting to use their resources to protect communities against a lot of the enforcement that’s coming from immigration,” she said.

She said the proposal is part of a larger debate over the respective powers of federal, state and local governments when immigration policy becomes a point of conflict.

Alonso-Yoder said the hiring restrictions present relatively untested legal questions because employment discrimination laws generally focus on protected characteristics such as race and gender rather than prior federal employment.

“It’s rather uncharted territory to have this kind of a hiring preference against individuals who had been hired,” she said.

She noted the proposal is narrowly focused on individuals who joined federal immigration enforcement during the second Trump administration, but said courts have not yet addressed the specific legal issues the measure could raise.

If enacted, Alonso-Yoder said any legal challenge could involve employment discrimination claims, equal protection arguments and questions surrounding the federal government’s authority over immigration enforcement.

At the same time, she said state and local governments have authority under the 10th Amendment to determine how they allocate their own resources, an argument that could factor into any legal dispute.

The proposal also comes as the U.S. Department of Justice is challenging Maryland over certain immigration-related policies, adding another layer of legal uncertainty if Montgomery County moves forward with the legislation.

Alonso-Yoder said the broader debate extends beyond legal questions and reflects growing concerns within communities about immigration enforcement.

“What I think is important for viewers to understand is that again, we are in a really unprecedented moment,” she said.

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She added that immigration policy has become a central issue during the election year, with many residents focused on whether they can safely go about their daily lives.

“I think in the end of the day, community members want to know that they’re going to be safe when they go out into the street to go to school, to go to work,” Alonso-Yoder said.

County officials continue to consider the proposed legislation. Any legal challenges would likely be resolved in court if the measure is adopted.