The Maryland Senate passed a bill Friday barring informal state and local police coordination with federal immigration agencies, setting the bill on a glide path through the General Assembly days before the session’s finale on Monday.
The Senate voted 29-13 on Friday, sending the bill over to the House of Delegates.
The Community Trust Act, if it becomes law, would block corrections officials and law enforcement from holding or detaining an individual for U.S. Immigration and Customs Enforcement unless a judge has issued a warrant. The bill includes exceptions for felony convictions or crimes listed on the sex offender registry list.
Lawmakers said the bill was needed to close a loophole after they banned formal 287(g) agreements with U.S. Immigration and Customs Enforcement earlier this year. A handful of law enforcement agencies said they would continue to cooperate with ICE despite lawmakers forcing them to terminate partnership agreements.
“It runs counter to the spirit and intent of our earlier law for these local sheriffs and counties to turn around and immediately find a workaround,” said Sen. Clarence Lam, a Democrat from Howard County and the bill’s only Senate co-sponsor, at a late afternoon news conference.
Law enforcement associations oppose the bill saying it will constrain them from communicating with ICE when people charged with crimes are in their custody and are in the country illegally. Senate Republicans, in the minority, pushed amendments during hours of debate, trying to restore police communications with immigration agents.
The bill does not limit ICE from conducting immigration enforcement in accordance with federal law, lawmakers said.
“Nothing in the provisions prevent a law enforcement agent from inquiring about any information that is material to a criminal investigation,” according to a bill analysis.
Immigrant and civil rights groups have negotiated with lawmakers for years to detangle local police from federal immigration procedures. Supporters, cautiously optimistic after the significant step, held a news conference with senators on Lawyers Mall to highlight the progress.
Senate President Bill Ferguson said the Trust Act moving days before the end of session was the result of weeks of negotiation with stakeholders and theres still time for the House to pass the bill.
“It may feel like it’s close to the end, but the bottom line is, deadlines produce results,” the Baltimore Democrat said.
The bill’s progress accelerated after lingering untouched in committees since mid-February. A last minute vote by the Senate Judicial Proceedings Committee on Thursday revived the measure, following weeks of pressure from activists, local elected officials and lawmakers co-sponsoring the bills.
Senate Republicans scrutinized how the committee vote was conducted and whether committee members had enough time to prepare.
Minority members offered more than a dozen amendments Friday afternoon and pressed the Democratic majority for changes, including that police should be allowed to notify ICE after arrests, not convictions, on felony charges, and before a person has been found guilty in court. They said the Trust Act would threaten public safety.
“I’m really concerned we’re shutting off the ability to communicate [with federal agents] on very serious criminals,” said Sen. Justin Ready, the minority whip representing Carroll and Frederick counties.
Sen. Will Smith, an attorney and chair of the Senate Judicial Proceedings Committee, the panel which reviewed the bill, said the measure backs public safety and ensures constitutional due process rights are applied consistently across Maryland, the Montgomery County Democrat said.
Smith questioned Republican proposals that would potentially deport and free an alleged violent offender in another country.
“I don’t understand why you would initiate removal proceedings for someone that’s charged with a serious and heinous crime,” he said.
Law enforcement association leaders said the Trust Act would infringe upon “routine operational components” between corrections officers and police and federal agencies.
Darren Popkin, executive director of the Maryland Chiefs of Police and Maryland Sheriffs associations, said local officials are not conducting immigration enforcement by telling ICE they have someone in custody the feds are seeking.
The majority of people who have been detained during the Trump administration’s sweeping deportation campaign do not have a criminal record, according to a Banner analysis of deportation records.
Ferguson told reporters earlier on Friday that the bill “makes it clear that there is still going to be communication when it comes to violent crimes.”
“However, what we don’t want are minor, little crimes being used as pretext to round people up and send them to ICE,” he said.
The chamber leader said trust between communities and police fosters public safety.
“When there is not trust, people don’t come forward, they don’t report crimes, and crime perpetuates,” he said.
The House of Delegates could take up the bill as early as Saturday. Del. N. Scott Phillips, a Democrat of Baltimore County, sponsored the House bill.
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