Key facts
- 17 Maryland sheriffs filed a federal lawsuit challenging the "Community Trust Act."
- The lawsuit was filed by the Federation for American Immigration Reform (FAIR).
- The "Community Trust Act" restricts cooperation between local law enforcement and federal immigration authorities.
- The law prohibits or restricts honoring ICE detainers and sharing information with federal authorities.
- Plaintiffs argue the law forces them to choose between violating their oaths and facing state penalties.
The Federation for American Immigration Reform (FAIR) has filed a federal lawsuit in the U.S. District Court for the District of Maryland on behalf of 17 of the state's 24 county sheriffs. The suit challenges the recently enacted "Community Trust Act," which the sheriffs argue constitutes a dangerous sanctuary mandate that obstructs cooperation between local law enforcement and federal immigration authorities. The plaintiffs, representing 70 percent of Maryland's county sheriffs, contend that the law places them in an "impossible constitutional bind" by restricting their ability to protect their communities.
The "Community Trust Act" reportedly prohibits or severely restricts local correctional facilities from honoring U.S. Immigration and Customs Enforcement (ICE) detainers, sharing critical information with federal authorities, or detaining removable criminal aliens beyond their scheduled release, except in very narrow circumstances. FAIR asserts that this law effectively turns Maryland into an "ultra-sanctuary" state and that such policies have led to increased crime in other jurisdictions. The organization highlights tragic cases of victims killed by individuals who had evaded removal due to sanctuary protections.
The lawsuit argues that the Supremacy Clause of the Constitution ensures federal law prevails in areas of national authority like immigration, and states cannot nullify federal statutes or commandeer local officers to undermine them. The sheriffs are seeking to perform their duties without fear of state punishment for complying with federal law. Governor Wes Moore allowed the bill to become law without his signature, citing implementation concerns.