Immigration Order From Baltimore County Executive: FULL TEXT

TOWSON, MD — Baltimore County Executive Kevin Kamenetz has issued an executive order regarding how police will handle the issue of immigration status. Kamenetz said that he codified the policy Wednesday in response to the directives of President Donald Trump.

"The President's directives are causing fear and panic among otherwise law abiding residents," Kamenetz said. "I am particularly concerned about the impact on children, and the chilling effect that is impacting productive police-community relations."

Continued Kamenetz: "Children are afraid to go to school, women are afraid to report domestic abuse and families are afraid to seek medical care in a hospital out of the fear of deportation. We won’t let that happen in Baltimore County. Today’s executive order will make that crystal clear.”

The full text of the order is at the end of the article. It says that police officers may not inquire about a person's immigration status without a criminal warrant signed by a judge and cannot detain anyone beyond a court-ordered release date unless there is reason to believe there is a detainer signed by a judicial official.

U.S. Attorney General Jeff Sessions has vowed to withhold federal funds from so-called "sanctuary" jurisdictions where local officials do not enforce federal immigration laws, which Kamenetz said was unconstitutional.

“The 10th amendment to the Constitution prohibits the federal government from withholding funds to coerce counties to conform to federal policies unrelated to the appropriation," Kamenetz said in a statement. "Baltimore County adheres to the Constitution and to sound policing practices that maintain community trust among residents we are obligated to protect."

Here is the full text of the executive order issued by Kamenetz on Wednesday, April 5:

LAW ENFORCEMENT STANDARDS ON IMMIGRATION STATUS, DIVERSITY AND EQUITY

WHEREAS, Baltimore County residents fully support our country's rich heritage of welcoming immigrants from around the world who come to America seeking a better life in pursuit of the American Dream; and

WHEREAS, Baltimore County has welcomed an increasingly diverse population that parallels statewide demographics; and

WHEREAS, Baltimore County recognizes that public trust and confidence in local government and law enforcement policies are essential to a fair and orderly government; and

WHEREAS, the Baltimore County Police Department prides itself on the positive relationship that it has maintained with the County’s resident population, including its immigrant community, and maintenance of positive relationships are key to keeping our neighborhoods safe; and

WHEREAS, as part of that relationship, all residents must feel safe and secure to cooperate with Baltimore County Police Officers to report crimes and offer assistance in resolving criminal activity; and

WHEREAS, from time to time it is necessary to reiterate the policies and precepts necessary to maintain public order and discourse, consistent with the laws of the county, state, and federal governments, their respective judicial branch holdings, and the Constitutions of Maryland and the United States.

NOW, THEREFORE, I, Kevin Kamenetz, as County Executive of Baltimore County, on this 5th day of April 2017, by virtue of the authority vested in me by the Baltimore County Charter, do hereby promulgate the following EXECUTIVE ORDER for Baltimore County, Maryland:

1. No Baltimore County Department, agency, officer or employee shall discriminate against any person within Baltimore County based on confirmed or suspected race, creed, religion, color, sex, age, national origin, marital status, sexual orientation, gender identity or expression, status as a veteran, physical or mental disability, immigration status, and/or inability to speak English.

2. No Baltimore County Department, agency, officer or employee shall condition the provision of County services or benefits on the immigration status of the individual seeking those services or benefits unless such conditions are lawfully imposed by federal or state law.

3. No Baltimore County Police Officer shall make inquiry of a person's immigration status for the purpose of initiating civil enforcement of immigration proceedings, except in the case of a criminal warrant signed by a judicial official

4. No personnel within the Police Department or Department of Corrections shall cause to be detained any individual beyond their court ordered release date, except upon reasonable belief of the existence of an order of detainer issued by a properly recognized judicial official.

5. Nothing in this Executive Order shall be construed to prohibit any Baltimore County Police Officer or employee from participating in task force activities with county, state or federal criminal law enforcement authorities.

6. Nothing in this Executive Order shall be construed to prohibit any Baltimore County Police Officer from investigating violations of criminal law.

7. Nothing in this Executive Order shall be construed to prohibit any Baltimore County Police Officer from cooperating with federal immigration authorities in the investigation and apprehension of undocumented immigrants suspected of criminal activity.

8. This Executive Order shall take effect immediately according to its terms.

File photo of County Executive Kevin Kamenetz via Flickr, Baltimore County Government.