On February 27, Associate Policy Director Sarah Sample submitted a letter of information to the Judiciary Committee on HB 1431 – State and Local Agencies – Enforcement of Federal Immigration Law – Restrictions on Access to Information (Maryland Data Privacy Act).
This bill intends protect the private information of an individual that is not legally required to be shared with Immigration and Customs Enforcement (ICE), or any other federal agency.
HB 1431 appears to strengthen existing standards regarding the protection of information that shall be denied in an instance where immigration enforcement may be the cause for the request. To that end, the challenges the bill presents are numerous and the MACo letter of information is intended to add to the conversation as lawmakers consider next steps, if inclined to advance this bill. Broadly, county concerns touch on three areas which cover bookended penalties, perception of intent, and responsibility for fines.
The question of how best to ensure that privacy is maintained for all employees and detainees of a local government is an important one to address. Due to the current and shifting guidance around immigration enforcement laws and regulations, HB 1431− without clarification − has the potential to further complicate an already difficult situation and fall short of its overall intended goal. Local governments will continue to ensure public records standards remain high and appropriate compliance is managed.
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