Sheriffs file federal lawsuit trying to block Community Trust Act

ANNAPOLIS, Md. (WBFF) — Seventeen sheriffs across Maryland came together Wednesday in Annapolis to announce a federal lawsuit filed against Gov. Wes Moore and the state in an attempt to stop the Community Trust Act from moving forward.

The sheriffs, with the help of the Federation for American Immigration Reform, or FAIR, filed the lawsuit in the U.S. District Court for the District of Maryland, and named Gov. Moore, Attorney General Anthony Brown, and the State of Maryland as defendants.

Seeking injunctive relief, opponents of the Community Trust Act argue the legislation “forces Plaintiffs into an impossible and constitutional position.” The legislation was passed by the General Assembly on the last day of session and further limits ICE cooperation in Maryland; it followed a formal ban on 287(g) agreements in the state, which was a bill passed and signed into law earlier this year.

“The Act prohibits Plaintiffs and their deputies and correctional staff from honoring federal immigration detainers, notifying federal authorities that a removable alien is in custody, transferring custody to [ICE], or providing information obtained in the course of official duties – unless a narrow ‘judicial warrant’ is presented,” the lawsuit states.

ALSO READ | Sheriff Criticizes Maryland’s New Community Trust Act Ahead of Lawsuit

“The state of Maryland has passed dangerous and quite possibly unconstitutional legislation that interferes with Ice completing its mission,” said Matthew O’Brien, FAIR deputy executive director.

Sheriffs Jeff Gahler of Harford County, Jim DeWees from Carroll County, and Mike Lewis from Wicomico County were some of the sheriffs on hand for the announcement in Annapolis.

“We don’t want to be here today, but we’re here because this nonsense up here in Annapolis, Maryland, has to stop,” Lewis said. “They have overstepped their boundaries.”

“We’re no longer allowed to communicate with immigration officials, ICE. What about drug enforcement? Do we protect drug offenders and drug traffickers? And we pass legislation then to stop us or stop us from communicating with DEA?,” DeWees said. “When does it actually stop?”

Friday, Gov. Moore issued a statement indicating he had implementation concerns, but nonetheless, would allow the legislation to become law without his signature.

“The Community Trust Act advances an important goal: keeping local law enforcement focused on the work that has helped drive Maryland’s historic reductions in violent crime, while protecting the constitutional rights of Marylanders,” Moore said via statement. “That said, this bill presents real implementation challenges that must be addressed through executive action and in next year’s legislative session.”

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

Protecting our communities requires seamless coordination among federal, state, and local partners, and the bill creates ambiguities around joint investigations that we are working with the Attorney General’s office to clarify. Local law enforcement must also retain the flexibility they need to operate within the law, share appropriate information, and keep communities safe, Gov. Wes Moore said via statement regarding the Community Trust Act.

However, Wicomico County Executive Julie Giordano criticized the governor for not vetoing the legislation while he noted it had problems.

“He had the ability to veto it. Reworking it is not allowing it to go into law,” Giordano said. “Instead, he took the political route and let it go into law. And I’m very frustrated because you can’t tell me you support public safety and have allowed that bill to go into law.”

Sheriff Gahler said he has yet to get guidance from the Attorney General’s Office regarding how the Community Trust Act will be implemented.

Echoing the governor’s previous statement, Moore’s Senior Press Secretary Ammar Moussa told FOX45 News via statement that the state will continue to work with federal law enforcement “when it makes Marylanders safer, but we will not let untrained, unqualified, and unaccountable ICE agents deputize local law enforcement to do federal immigration work.”

ALSO READ | Debate over Community Trust Act heads to court as MD sheriffs pursue legal battle

“We respect the role sheriffs play in protecting their communities, and we recognize that there are implementation questions that will need to be worked through,” Moussa’s statement continued. “But the governor’s position has not changed: Maryland can support law enforcement, protect constitutional rights, and keep our communities safe at the same time.”

We Are CASA, a Latino and immigration advocacy and assistance organization, supported the Community Trust Act throughout the legislative session. Cathryn Jackson, the public policy director for the organization, called the lawsuit a “desperate and politically motivated attack on immigrant communities.”

“The Community Trust Act is being enshrined in law because it reflects Maryland’s values and helps strengthen trust between immigrant communities and local institutions while protecting the constitutional rights and dignity of all Marylanders,” Jackson said via statement. “We remain confident in the legality and necessity of the Community Trust Act, because Maryland is safer when people can call the police, report crimes, and testify in court without fearing family separation.”

The case has been docketed, but hearings have yet to be scheduled.

Follow Political Reporter Mikenzie Frost on X and Facebook. Send tips to mbfrost@sbgtv.com.