
ANNAPOLIS, Md. (WBFF) — A bill once thought to be dead this year was revived and surged through the General Assembly in the final days of session to further curb how local law enforcement works with ICE in Maryland.
The Community Trust Act, SB 791, cleared the Senate Monday evening after the House of Delegates made some amendments to the bill over the weekend, forcing the upper chamber to finalize the plan one more time.
The legislation, backed by Sen. Clarence Lam, significantly curbs how ICE works with local law enforcement and follows the ban of 287(g) agreements in the state, which lawmakers passed earlier in session and Gov. Wes Moore already signed into law.
SB791 requires a judicial warrant in order for ICE to compel action from the state. The legislation also outlines that law enforcement can notify ICE of someone who is detained in a correctional facility if that person has been convicted of a felony, a registered sex offender, served between 12 and 18 months in a state prison, or committed an offense in another state that resulted in at least five years served in prison.
However, Sen. Justin Ready, a Republican, argued not every offense that’s serious is a felony, and the legislation doesn’t go far enough to protect public safety.
“If ICE picks up a repeat drunk driver that’s been convicted multiple times of drunk driving and a whole long rap sheet, but no convicted felonies, they can’t call ICE,” Ready said.
The legislation could tee up a clash with the Trump Administration as immigration enforcement remains a hallmark of Trump’s second term in office.
Federal dollars could be at risk if the federal government determines the bill to be “out of compliance with federal laws,” according to the bill’s fiscal note. The possibility of losing federal dollars doesn’t come as a concern to Sen. Will Smith, D-Montgomery County, who chairs the Senate Judicial Proceedings Committee.
“No more so than any other action that the federal government or under this administration is looking to take against states that move to protect the communities, especially in these circumstances,” Smith said when asked by FOX45 News if he’s concerned about federal dollars being at risk. “I think it’s important that we vote for our values to protect everyone in the state.”
It’s not immediately clear where Gov. Wes Moore stands on the bill, but he indicated at least some support.
“I believe we have to follow due process,” he said during an interview Monday evening on Maryland Public Television.
Gov. Moore did not do an interview with FOX45 News on the final day of session, but told MPT cooperation with the federal government will remain – especially when dealing with violent offenders.
“But what we are not going to do is allow our local jurisdictions to have their law enforcement deputies to be able to join an agency that is arresting five-year-olds,” he said. “That does not make sense. And that’s really what we’re that’s the lines that we’re trying to guard against.”
Republicans weren’t the only ones against the legislation. In a statement provided to FOX45 News, Carroll County Sheriff Jim DeWees was clear about his opposition to the effort, and urged Gov. Moore to veto the legislation.
“This is very typical of the super majority in Annapolis, to bring out legislation at the 11th hour where no one can contest it and force it down everyone’s throat,” DeWees said via statement.
The House of Delegates added an amendment to bill making the legislation an emergency bill, meaning it would take effect as soon as Gov. Moore signed it into law.
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