Maryland sheriffs vow to fight bill banning 287G agreements with ICE

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Maryland sheriffs who participate in a federal immigration enforcement partnership said they are prepared to fight a bill awaiting the governor’s signature that would ban the agreements statewide.

Senate Bill 245 would prohibit so-called 287(g) agreements between local law enforcement agencies and U.S. Immigration and Customs Enforcement. The bill is described as an emergency measure and would take effect immediately if the governor signs it.

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“This is an emergency bill – third reader for passage,” according to remarks during the legislative process.

Nine jurisdictions in Maryland currently have 287(g) agreements, which allow detention centers to screen inmates to determine who may be in the country illegally. Frederick County is among the participating jurisdictions.

Frederick County Sheriff Chuck Jenkins said Senate Bill 245 would be challenged in court if it becomes law.

“What I think our challenge is a sheriff, as sheriffs, I think the challenge here is for us to find legal representation to get this into the courts,” Jenkins said.

Jenkins also called the bill a violation of law enforcement rights.

“We all have certain constitutional authorities that I don’t believe the legislator can just upend like this,” he said.

Harford County, another jurisdiction using the program, also criticized the proposal.

“This is good public safety,” Harford County Sheriff Jeff Gahler said.

Asked about his stance if the program is eliminated, Gahler said “We are going to continue to look at and review all options.”

Gahler said ending the detention center-based program would not remove ICE from Maryland communities and could increase ICE activity in neighborhoods.

“Doing away with 287(g) has been sold by some legislators as the solution to getting ICE out of Maryland. The opposite will happen. You will still see ICE, probably in greater numbers, doing the mission that they are lawfully required and charged to do,” he said.

Carroll County Sheriff Jim DeWees said he would continue working with ICE regardless of whether the bill becomes law.

“Absolutely I will continue to work with ICE,” DeWees said.

He criticized lawmakers backing the ban, saying “The bill bans the agreements, and in typical Annapolis fashion, they supply no alternative.”

DeWees said his office would maintain communication with ICE even if the agreements are prohibited.

“ICE is not going away. And there has to be a process of communication with them. So I will create a policy within my office to continue working with ICE. I won’t look much different than I’m doing right now,” he said.

Sheriffs also argued the bill would put Maryland at risk and said they believe there is public support for keeping the agreements.

“52 percent of Marylanders want to see these agreements stay in place,” one sheriff said.

“Annapolis is trying to pull a quick one on people,” a sheriff said.

“The governor makes the argument that he’s trying to make the streets of Maryland safer, he is doing just the opposite when he signs this bill,” a sheriff said.

As of now, there has been no word from the governor on whether he intends to sign the ban into law.