Maryland’s ICE cooperation fight grows as Republican sheriffs push back on public safety limits

Maryland’s ICE fight moves into court

Maryland’s fight over cooperation with U.S. Immigration and Customs Enforcement, known as ICE, moved from the legislative arena into federal court through a sheriff’s lawsuit over custody notices and transfers.

The case places Republican sheriffs against Democratic leaders over how far local agencies may assist federal immigration officers when requests reach county jails under new custody limits in Maryland.

Frederick County loses a long program

Frederick County Sheriff Charles A. Jenkins had used a 287(g) agreement for 18 years, allowing trained jail staff to coordinate ICE transfers after local custody ended there.

That arrangement ended after Maryland approved emergency legislation in February 2026, barring state and local agencies from agreements tied to federal civil immigration enforcement work in counties.

Formal agreements ended first

Senate Bill 245 and House Bill 444 required agencies with existing immigration enforcement agreements to use termination clauses immediately after Governor Wes Moore approved the emergency state law.

The ban covered contracts and memorandums that allowed Maryland agencies, county sheriffs, officers, employees, or agents to enforce federal civil immigration law through written agreements with federal officials.

A second law narrowed informal help

The Community Trust Act added limits on informal cooperation, including custody notices, transfer requests, and questions about immigration status during routine local processes unless specific legal exceptions apply.

Correctional facilities need valid judicial warrants for detention extensions and transfers, while certain custody notices require a court order or judicial warrant under the act before sharing information.

Seventeen sheriffs challenge the law

Sheriffs from 17 counties filed a federal lawsuit in Greenbelt against the State of Maryland, Governor Wes Moore, and Attorney General Anthony G. Brown after the act passed.

They seek to block enforcement provisions, arguing the Community Trust Act conflicts with federal immigration duties and creates uncertainty around custody notices, transfer requests, and local jail decisions.

Sheriffs frame the dispute as public safety

Jenkins and Harford County Sheriff Jeffrey Gahler argue the law weakens coordination with ICE and removes tools their offices used inside local facilities before Maryland’s 2026 limits began.

Their lawsuit frames the issue as a conflict between local law enforcement’s judgment and state rules that limit civil immigration assistance without a valid judicial warrant in custody matters.

Fun fact: Maryland‘s State House was the first peacetime capitol of the United States and the only state house ever to serve as the nation’s capitol.

Governor Moore allowed enactment without signing

Governor Moore let the Community Trust Act become law without signing it, while saying the measure matched his goal of keeping police focused on local cases in Maryland.

He also warned that implementation challenges remained, especially around joint investigations where federal, state, and local partners may share lawful information under later guidance from Attorney General Brown.

Little-known fact: ICE was created in 2003 under the Homeland Security Act of 2002, making it a relatively new federal enforcement agency.

New guidance kept criminal cases open

Attorney General Anthony G. Brown’s office issued guidance in June 2026, explaining that officers may share information with federal immigration agencies when tied to criminal investigations under the act.

The guidance separated criminal case work from civil immigration enforcement, leaving officers to review each request before responding when ICE or another agency asks directly in those situations.

Informal cooperation became the main focus

Sarah Staudt, Director of Policy and Advocacy at Prison Policy Initiative, focused on informal cooperation during Maryland testimony, not only formal 287(g) agreements used before the state ban.

Prison Policy Initiative analysis found many jail-based ICE arrests came from routine communication rather than written agreements, which the Community Trust Act limits through notices, transfers, and custody actions.

The data shaped both arguments

Prison Policy Initiative analysis found that 29% of ICE arrests in available Maryland data from 2025 took place through local jails or other custody facilities inside the state.

The same analysis found that 81% of those jail-based ICE arrests came through informal cooperation, while 19% involved formal 287(g) agreements during the examined Maryland period in 2025.

National expansion sharpened the state fight

ICE listed 2,070 signed 287(g) memorandums of agreement as of July 2, 2026, covering 39 states and 2 U.S. territories as the federal program expanded across jurisdictions.

Maryland moved in another direction, first banning formal agreements, then limiting informal help tied to custody decisions to cases where a valid judicial warrant or court order applies under the act.

States are choosing different paths

Some Republican-led states encourage cooperation with ICE, while Maryland, New Jersey, and other Democratic-led jurisdictions restrict formal local participation through laws or executive actions.

Illinois took a broader approach through 2025 guidance and state law, barring local agencies from providing facilities, equipment, database access, transfers, or other civil immigration enforcement assistance.

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The court fight leaves Maryland with unsettled limits

The lawsuit leaves Maryland with a live legal fight over how far the state can restrict local cooperation as federal immigration enforcement continues across county facilities and jails.

The next stage depends on court review, state guidance, and how sheriffs apply the new rules in daily custody decisions when ICE seeks local help in jails.

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What stands out more in Maryland’s immigration debate, the pushback from Republican sheriffs over ICE cooperation limits, or the public safety concerns driving the legal fight? Share your thoughts.

This slideshow was made with AI assistance and human editing.

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