BALTIMORE, MD – Maryland Attorney General Anthony G. Brown has updated the state’s approach to federal immigration enforcement for all state, county, and local law enforcement agencies. The revised guidance aims to align state law enforcement practices with both federal and state statutes, while respecting individual rights and fostering trust within immigrant communities.
The document, an update on similar guidelines issued in 2017, reflects legislative changes and aims to clarify the respective roles and limitations of local law enforcement in relation to immigration regulations. Brown’s office made the guidance publicly available to enhance transparency and reaffirm the state’s dedication to upholding the rule of law.
According to the Attorney General, the guidance underscores Maryland’s commitment to immigrant-friendly policies, which do not only ensure that police do not enforce federal immigration laws but also strengthen the relationship between law enforcement and immigrant communities. Brown emphasized that fostering such trust is crucial for effective policing, as it encourages immigrants to report crimes and cooperate with police without fear of deportation.
The newly issued guidelines stipulate that during routine duties, law enforcement officers should not inquire about an individual’s immigration status unless it is directly relevant to a criminal investigation. Officers are also prohibited from holding individuals solely to check their immigration status or from extending detention for that purpose.
Further details of the guidance clarify interactions with federal immigration authorities. While law enforcement may communicate a person’s citizenship or immigration status to federal officials, they are not compelled to do so. The sharing of personal information such as names and addresses with federal immigration authorities is strictly limited to circumstances involving a judicial warrant.
Notably, the guidance also addresses the legal risks for law enforcement agencies, stating that officers could face civil liability for detaining individuals based on immigration detainers without confirmed probable cause. Additionally, Maryland law enforcement agencies are barred from entering contracts with private immigration detention facilities.
Community trust, essential for effective policing, is at the heart of these updates. The guidelines reflect a broader state policy that opts out of having local law enforcement act as de facto immigration agents, which, according to the guidance, federal laws do not mandate. Following state-specific limits to immigration enforcement activities not only supports the legal framework but enhances community safety and cohesion.
This updated guidance is issued amid ongoing national debates over the role of local law enforcement in federal immigration policies, marking a significant stance by Maryland to define and limit the scope of local involvement in such federal mandates.
The guidelines serve as a crucial reference for law enforcement across Maryland, ensuring that their operations remain within the boundaries of law and justice, respecting the state’s diverse populace and their rights as residents.
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