Lawmakers debated a new bill this week in Annapolis that would increase state cooperation with U.S. Immigration and Customs Enforcement within local jails, prisons and detention centers.
Proponents call it a common-sense public safety measure, while critics argue it puts constitutional rights at risk.
The Protecting Marylanders From Violent Offenders Act of 2025, SB387, would mandate all Maryland correctional facilities turn over inmates to ICE if the noncitizen:
- Has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to national security’
- Has been convicted of an offense of which an element is active participation in a criminal street gang, as defined in 18 U.S.C. 4 521;
- Is at least 16 years old and intentionally participated in a criminal street gang, as defined in 18 U.S.C. 521, to further illegal activities; or
- Has been convicted of an aggravated felony, as defined in 8 U.S.C. 1101.
Following the arrest of man accused in the murder of Rachel Morin, Victor Martinez Hernandez, an undocumented immigrant from El Salvador, Maryland’s ICE Director Mathew Elliston said most jurisdictions have agreed to honor ICE detainers, but not all.
In Howard and Prince George’s counties, sanctuary policies prohibit any local cooperation with ICE agents, no matter the crime committed. Policies in line with new guidance from Maryland’s attorney general note that detainers “are requests only; local officers are not obligated to honor them, and, in fact, risk violating constitutional rights by doing so.”
The bill is currently under consideration in the Senate Judicial Proceedings Committee. If enacted, the law would take effect on Oct. 1, 2025.
“This is only for the most violent offenders. Let’s be very clear on that,” said state Sen. William Folden, the bill’s author. “This isn’t about trying to turn any communities against each other. This is about keeping our communities safe from these repeat violent offenders that some jurisdictions keep putting back out into the community and that’s not safe for anyone.”
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