- Senate Judicial Proceedings Committee passes bill ending local ICE partnerships by 8-3 vote along party lines
- Separate mask ban bill advances 7-4 despite attorney general warning about constitutional challenges
- Maryland sheriffs warn ending 287(g) agreements will force ICE operations into communities rather than secure jails
ANNAPOLIS, MD (TDR) — The Maryland Senate Judicial Proceedings Committee advanced two controversial immigration enforcement bills Tuesday, setting up a showdown between Democratic lawmakers determined to limit federal ICE operations and Republican critics who warn the measures could compromise public safety and face constitutional challenges.
The committee voted 8-3 along party lines to pass Senate Bill 245, which would prohibit state and local governments from entering into 287(g) agreements with U.S. Immigration and Customs Enforcement. A separate bill restricting law enforcement officers from wearing face coverings passed 7-4, with one Democrat joining three Republicans in opposition.
Committee Chairman Declares Victory
Will Smith, the Montgomery County Democrat who chairs the Senate Judicial Proceedings Committee, called the votes a significant milestone for protecting immigrant communities and Maryland values.
"This is a huge day for our committee for advancing two pieces of legislation to protect our immigrant communities, to protect and provide for public safety and transparency," Smith told The Baltimore Sun after the votes.
"It's a significant step forward for us to protect our values."
Senate President Bill Ferguson, a Baltimore City Democrat, indicated the legislation could reach the full Senate floor for consideration as early as Thursday.
"It just feels like pure evil is part of the operation," Ferguson said Tuesday morning about recent ICE operations.
What the Bills Would Do
Senate Bill 245 would prohibit Maryland jurisdictions from entering into immigration enforcement agreements with ICE and require termination of existing agreements by July 1. Currently, eight Maryland counties participate in the 287(g) program, which allows corrections officers in local jails to ask immigration status of arrestees and hold noncitizens for federal authorities for up to 48 hours.
The mask ban bill, designated as Senate Bill 1 to emphasize its importance, would prohibit law enforcement officers from wearing tactical masks or gaiters while on duty. The committee amended the original proposal to make violations a civil offense punishable by a $1,500 fine rather than a misdemeanor criminal charge. Exceptions exist for officers working undercover, wearing surgical masks, or using face shields.
Law Enforcement Opposition
Maryland sheriffs who have operated under 287(g) agreements for years strongly oppose the legislation, arguing it will push ICE enforcement out of secure detention facilities and into communities.
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Jeff Gahler, Harford County Sheriff, warned that ending the partnerships would lead to more aggressive immigration sweeps in neighborhoods rather than controlled transfers in jails.
"It's public safety 101, but instead Maryland's legislature is going in the completely wrong direction," Gahler said during a Tuesday interview on FOX45 News before the committee voted.
"If they can't do it within the safety of and security in the jail, they will have to do it in the communities. I think we are going to see more people scooped up in the sweeping raids instead of the targeted, safe handoff."
Charles Jenkins, Frederick County Sheriff whose department has participated in the 287(g) program since 2008, defended the program's track record of removing what he described as dangerous criminals from the community.
"I will stand on my belief, and I fought for this for years, that Frederick County is as safe as is, as safe as it is, in part due to this program. And I'll never, I'll never step down from that belief," Jenkins told FOX45 News.
Advocacy Groups Celebrate
CASA Policy Director Cathryn Jackson praised the committee vote as affirming Maryland's choice of community trust over participation in what she called "the ICE deportation machine."
"Today's committee vote affirms what we heard during the hearing: Maryland is ready to choose community trust over participating in the ICE deportation machine," Jackson said in a press release.
"From children pleading for their parents to data showing these programs make us less safe, the testimony was overwhelming. 287(g) is a tool of fear and family separation—not public safety."
Constitutional Questions Loom
The Maryland Attorney General's Office has warned lawmakers that the mask ban faces constitutional challenges, noting there is a "substantial risk" courts would find it unenforceable. The Trump administration has already sued California over a similar mask ban law, challenging whether states can impose policies on federal law enforcement.
Despite the legal warnings, Senate Judicial Proceedings Committee leadership expressed confidence in defending the legislation if challenged, acknowledging the path forward remains legally uncertain.
Will Maryland's immigration enforcement restrictions survive constitutional challenges, or does this legislation represent Democratic overreach that courts will strike down?
Sources
This report was compiled using information from Fox Baltimore's coverage of the committee vote, The Baltimore Banner's reporting on the mask ban bill, Maryland Matters' coverage of the Senate panel votes, reporting by Union-Bulletin, WBALTV on the rally supporting the bills, Fox Baltimore's coverage of the bills' provisions, and The Baltimore Banner's constitutional analysis.
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