Maryland sheriff cites five detainer cases as Community Trust Act becomes law

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Maryland’s new Community Trust Act is drawing renewed warnings from some local law enforcement leaders who say the measure will limit cooperation with U.S. Immigration and Customs Enforcement (ICE) and could put public safety at risk.

Gov. Wes Moore signed more than 270 bills into law Tuesday in Annapolis. The Community Trust Act, a fiercely debated immigration bill aimed at curbing local law enforcement cooperation with ICE in Maryland, will become law without the governor’s signature.

Harford County Sheriff Jeff Gahler spoke out Tuesday, calling the new law regarding some suspects held in custody, including suspected illegal immigrants, a hazard to public safety.

“It puts our citizens at risk because we cannot communicate with our federal partners to even find out whether these people are in the country illegally is what this bill does,” Gahler said.

ALSO READ | What Gov. Moore will sign into law Tuesday, and what he won’t that’s sparking pushback

Gahler said he recently asked how many people were being held on detainers, which he said allowed authorities to notify ICE and hold individuals for 48 hours, so ICE could take custody after they completed their local sentences.

“Just a couple of weeks ago, I asked, as this was coming to a head after the legislature closed out, how many we were holding currently on detainers, which allowed us to notify ICE, hold those individuals for 48 hours so ICE could come pick them up once they completed their local sentences. And we had five at that time,” Gahler said.

Gahler said those five included one person awaiting trial on attempted first-degree murder and another on a first-degree assault charge. He said the new law would prevent his office from notifying ICE or holding people beyond their local charges that would allow ICE to review their immigration status.

“These were all people that today we can’t notify ICE. We cannot hold them beyond their local charges. We can’t hold them for that 48 hours. And they would be all five. I think one of them may have turned over to the Department of Corrections. So, the other four would be walking out the jail door back into Hartford County, back into interacting in our communities and free to commit whatever crimes they see fit to do,” Gahler said.

Other law enforcement leaders also criticized the measure, including Carroll County Sheriff Jim DeWees, who said, “I believe it’s unconstitutional,” and Frederick County Sheriff Charles Jenkins, who said, “It goes way too far in basically taking, tying our hands as to how we handle criminals.”

Supporters, including Senate President Bill Ferguson, defended the legislation.

“We cannot keep community safe if people are being stripped of their rights. When ICE is pulling mothers out of their cars and detaining five-year-olds, we need to move forward. And I am so glad that these are becoming part of Maryland law,” Ferguson said.

Gahler said he believed the governor should have vetoed the bill.

“We were in Annapolis this year trying to fight this off. And sadly, again, the governor should have vetoed this terrible bill,” he said.

Gahler and other law enforcement partners have filed a federal lawsuit challenging the new law. They are expected to outline their position at 11 a.m. tomorrow in Annapolis at Lawyer’s Mall.

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