Across Maryland
Politics & Government

Justice Department Sues MD Over Immigration Enforcement Policies

The lawsuit takes issue with the state's Community Trust Act, which limits how state and local law enforcement agencies cooperate with ICE.

The U.S. Department of Justice has sued Maryland and Attorney General Anthony G. Brown, claiming the state's new Community Trust Act unlawfully interferes with federal immigration enforcement.

Filed Thursday in federal court, the lawsuit challenges the act, which took effect this year without Gov. Wes Moore's signature and limits how state and local law enforcement agencies cooperate with U.S. Immigration and Customs Enforcement.

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Among other provisions, the law restricts compliance with civil immigration detainers and administrative warrants, limits the sharing of certain personal information for civil immigration enforcement, and generally requires a judicial warrant before state or local officials transfer someone to federal immigration authorities.

What's In The Lawsuit

In the lawsuit, the Justice Department argues those restrictions violate federal law and the U.S. Constitution's Supremacy Clause by preventing federal immigration officers from carrying out their duties.

According to the complaint, Maryland's policies have already disrupted immigration enforcement by preventing state and local facilities from transferring individuals into federal custody, even when federal officials have lodged immigration detainers.

Associate Attorney General Stanley Woodward said jurisdictions that shield people in the country illegally from federal immigration enforcement undermine laws enacted by Congress.

"When sanctuary jurisdictions enact laws to shield illegal aliens from federal law enforcement, it is not merely federal law that is violated, but the voices of everyday American voters silenced," Woodward said.

Assistant Attorney General Brett Shumate said the department filed the lawsuit to challenge policies it believes obstruct lawful federal immigration enforcement.

Supporters of the Community Trust Act have said the measure is intended to build trust between immigrant communities and local law enforcement by limiting participation in civil immigration enforcement while allowing cooperation in criminal investigations.

The lawsuit is part of a broader Justice Department effort to challenge state and local immigration policies it contends impede federal enforcement. The department said it has filed similar lawsuits against Colorado, Connecticut, Illinois and New York.

Maryland Attorney General Anthony G. Brown's office had not publicly responded to the lawsuit at the time the Justice Department announced the filing.

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