Elrich Doubles Down On Montgomery's Immigration Policies

ROCKVILLE, MD — Montgomery County Executive Marc Elrich wants to get one thing straight: it's up to the court system — not county officials — to release an undocumented immigrant accused of serious crimes back into the community.

"If people think we're just releasing people — that's the thing that offends me most of all. It's like, 'the county has released people,' or I have released (people). I haven't released anybody," Elrich said Tuesday night. "Somebody in the court system said you served your crime, we dropped the charges, or you met bail. And, therefore, you're free to go. I don't have the power to say you're not free to go. It's not my decision."

The Democrat's statement comes on the heels of an executive order he signed last month, which aims to eliminate any collaboration between county law enforcement officers and U.S. Immigration and Customs Enforcement agents. It also comes at a time when Montgomery County officials and ICE agents are arguing over the release of an undocumented immigrant charged with rape.

The executive order, which Elrich signed in response to a federal crackdown on illegal immigration, prohibits county police officers from asking residents about their immigration status and working with ICE agents. Federal immigration authorities, however, say the county violated its own policy after not complying with an ICE detainer and releasing an undocumented immigrant accused of rape, according to multiple media outlets.

Residents criticizing Elrich's executive order — and the release of an undocumented immigrant — said there is no excuse for policies that provide protection to undocumented immigrants who break the law in the region. Some believe that the county's more lenient policies come at the expense of their safety.

On Tuesday evening, Elrich issued a statement about the county's immigration enforcement policies.

"There is great confusion on this issue, and that is because some people want to make it confusing. I want to make it clear how Montgomery County enforces its policies," Elrich wrote. "It is the court system that determines whether someone is held without bail or whether a bail is set, and it is our court system alone, that decides when and how people are released."

"County police and our Correction and Rehabilitation departments are not authorized to detain someone based on an ICE detainer since it is NOT a judicial warrant and no court has directed corrections to detain people beyond their release date," Elrich said.

In his statement, Elrich said the executive order he signed last month isn't a departure from past policies, but a continuation "of the prior administration."

"As has been the practice, the County's Department of Correction and Rehabilitation will notify ICE if the suspects are deemed eligible for release, by a court order. Until then, the suspects will remain in custody until the legal process is complete," Elrich said.

He added that the county follows local laws, rules, and regulations. And that an inclusive community ultimately leads to a safer community.

"We want the people of Montgomery County to know that our law enforcement and other support agencies are vigilant in enforcing local laws, rules, and regulations. We believe that being an inclusive community for the people who live and work here creates a stronger relationship between communities and our law enforcement agencies, which make our communities safer," he said.

SEE ALSO:

• Collaboration Between MoCo Police, ICE Ends By Executive Order
• Conservative Group Urges MoCo To Rescind 'Sanctuary Policies'
• ICE Detainer In Child Rape Case Will Be Followed By County