Baltimore City Council looks ready to ban cooperation with ICE

The Baltimore City Council appeared ready to support legislation restricting the city’s cooperation with immigration officials Tuesday — the city’s most substantial legislative response to the federal deportation surge.

The bill, which has broad support from the City Council, would bar Baltimore Police from cooperating with federal enforcement actions, ban the city from collecting and sharing data related to immigration status, and restrict spending on actions related to immigration enforcement.

Council members attending the Public Safety Committee meeting made impassioned pleas for the legislation, which largely mirrors existing city policy but codifies it into law.

“This is one of the moments in history where the history books are going to look back and wonder who stood up and fought and who folded,” said City Council President Zeke Cohen, speaking to a standing room only chamber.

The council did not have enough members present Tuesday to vote the legislation out of committee, however. Three of the committee’s seven members were present Tuesday, one short of what’s needed to vote.

“We hear you loud and clear,” said Councilman Mark Conway, chair of the committee who represents North Baltimore. “We will bring this to a vote as soon as we possibly can.”

The measure is one of several the council is pushing in response to increased activity by U.S. Immigration and Customs Enforcement seen across the country. On Monday, the council introduced a bill that would ban private detention centers from being built in the city.

Official detention space in the region is limited to the federal building at 31 Hopkins Plaza in downtown Baltimore, which last week was the subject of a judge’s ruling that restricted the number of detainees to 56 — far few than were reportedly there previously.

The race is on for federal officials to build more space in surrounding jurisdictions. A warehouse in Washington County is set to be turned into an immigration processing and detention center that could house as many as 1,500 detainees. Howard County officials recently revoked a building permit for a planned private immigration detention center after the plan sparked outrage from activists and local elected leaders.

Councilman Mark Parker, who is a cosponsor on both council measures, said Monday the council needs to fight the federal government’s “volume game.” Parker’s district includes Southeast Baltimore.

“Our ability to prevent, whether in Williamsport or here in the city or elsewhere in the state of Maryland, the build-out of detention capacity, puts a distinct limit on how many people they can steal from our communities every day,” Parker said. “I hate to say it so bluntly, but these are things that we can do to try to prevent their ability to carry out their agenda.”

The bill the council considered Tuesday would bar ICE from any portions of city buildings that are not accessible to the public unless required by federal or state law. The legislation would also make it illegal for city officials to ask someone to disclose their immigration status unless required by law, and to use data on immigration status to assist with immigration enforcement.

The bill would also bar police from assisting with immigration enforcement unless officials have a judicial warrant. When interacting with ICE, police would be instructed to record interactions on body-worn cameras and request identification.

The legislation initially called for police officers to ask immigration officials to remove their masks, but an amendment to the bill would cut that provision. Councilwoman Odette Ramos, one of the bill’s sponsors, said she expects state legislation, currently being considered by the general assembly, to address masks.

Mayor Brandon Scott has not yet committed to signing the legislation if it passes and has emphasized that it largely mirrors policies that are already in place in the city. The Baltimore Police Department has a standing policy of not assisting ICE, and Scott issued an executive order last week reiterating many city policies, including a ban on ICE from all city property.

Cohen said it was nonetheless important for the council to put Scott’s policies into law so they cannot be overturned by the next administration.

Conway questioned city attorneys on why they advised against an amendment he proposed that would have banned ICE from all city-owned property, such as parks. City attorney Hilary Ruley said a blanket ban would violate the U.S. Constitution.

“How is this different?” Conway asked, noting the mayor’s executive order included a blanket ban.

“It’s not a law,” Ruley said of the order.

Crisaly De Los Santos of CASA Maryland urged the council to move as quickly as possible to approve the legislation.

“Our families don’t get to choose if they have one or two more weeks,” she said.

The council took the unusual step of broadcasting a simulcast of its meeting in Spanish Tuesday and had interpreters in chambers to assist.

Councilman Paris Gray, another sponsor of the bill, urged city residents to consider how ICE activities could impact anyone. Baltimore has a “specific, painful, well-documented history” of law enforcement abuse, said Gray, who represents West Baltimore.

“This isn’t a Hispanic or Latino issue,” he said. “If this is allowed to happen to anyone, it will happen to everyone. History has always shown us that.”