Maryland counties and Baltimore City moved quickly to correct false claims and poor communication from the U.S. Department of Homeland Security following the publication of “sanctuary jurisdictions” list. All jurisdictions have confirmed compliance with federal law, state law, and the U.S. Constitution and clarified local policies and procedures – most of which include fluid communication and cooperation with local immigration authorities.
Last week the Department of Homeland Security (DHS) published a list of “sanctuary jurisdictions” that appeared, at the time, to include eight counties and Baltimore City. The broad communication claimed the jurisdictions were deliberately obstructing the enforcement of immigration laws and threatened repercussions if they did not immediately review and revise the alleged policies to achieve compliance with federal law. The DHS website said the list was determined by several factors, such as compliance with federal law enforcement and, “legal protections for illegal aliens.”
The National Sheriffs’ Association membership – many of whom manage local law enforcement and corrections in the listed jurisdictions – responded immediately in a statement reiterating a need for better coordination and communication from DHS:
This list was created without any input, criteria of compliance, or a mechanism for how to object to the designation. Sheriffs nationwide have no way to know what they must do or not do to avoid this arbitrary label. The completion and publication of this list has not only violated the core principles of trust, cooperation, and partnership with fellow law enforcement, but it also has the potential to strain the relationship between Sheriffs and the White House administration. This is an unfortunate and unnecessary erosion of unity and collaboration with law enforcement and the enforcement of the rule of law at a time when that unity is needed most. This decision by DHS could create a vacuum of trust that may take years to overcome.
Following the posting of the list and several communications received by local officials, the information has since been removed from the DHS website. Currently none of the identified MACo members have policies or practices in place that put them in violation of federal law, state law, or the U.S. Constitution. All Maryland counties on the list, including Baltimore City, have responded. Links to their feedback and excerpts from those communications are below.
To be clear: by definition, Baltimore is not a sanctuary city, because we do not have jurisdiction over our jails. We follow our limited obligations as defined under federal immigration law.
Baltimore County is not a ‘sanctuary jurisdiction.’ Our highest priority remains public safety, where we practice community policing – an approach proven to enhance safety by encouraging cooperation with law enforcement. We are committed to supporting our valued law enforcement personnel while following federal, state and local law and respecting our residents’ constitutional rights.
In Howard County, more than one-fifth of our residents were born in another country. In our schools, you can hear 82 different languages being spoken. We oppose any form of discrimination, including against immigrants. The Liberty Act, which is codified in the Howard County Code, became a local ballot question during the 2022 Maryland Gubernatorial General Election and was reaffirmed by a 64% margin by the voters of Howard County. This codified law is not policy under the purview of the county executive and cannot be changed without council legislative action. We are currently unaware of any federal law, state law, international treaty, or an existing intergovernmental service agreement that preempts the Liberty Act, and requires local officials to enforce federal immigration laws, or to hold a detainee beyond their release date as dictated by the court that has jurisdiction over their criminal violation.
Montgomery County is not a “sanctuary” jurisdiction. Local police and the Department of Correction and Rehabilitation work cooperatively with ICE in their work on immigration and customs violations and drug and human trafficking.
Prince George’s has and continues to keep an updated list of standards and community partners for residents, stating, “We follow national and state immigration laws and are dedicated to updating our policies as laws change. We continue to provide important services to all residents, no matter their immigration status.” Additionally Acting County Executive Tara Jackson shared comments with the media:
Prince George’s County remains steadfast in its commitment to uphold the Constitution, ensure public safety, and protect the rights and dignity of all our residents. Our policies are designed to foster trust between our community members and local government.
Queen Anne’s County has never adopted or supported “sanctuary” policies, has not adopted any ordinances or resolutions endorsing or advocating such policies, and has not in any manner concealed, harbored or shielded illegal immigrants. We are not currently and have not in the past violated federal law as regards immigration law nor has the county required or encouraged any employee to violate federal law.
Talbot County has been made aware of a posting to the U.S. Department of Homeland Security’s website designating Talbot County as a “sanctuary jurisdiction”. Prior to being made aware of such posting, the County had not received any notice whatsoever, let alone any formal communication, from the federal government regarding the County’s noncompliance with federal immigration laws or outlining specific actions related to immigration enforcement. We have, and will continue to, follow all applicable federal laws and have not taken any deliberate actions to obstruct their enforcement. There have been no recent changes to our policies or practices regarding immigration. We remain committed to serving all members of our community while upholding the rule of law. We welcome further information and guidance from the federal government so we can address any pertinent issues.
Additional Responses
We are aware that the U.S. Department of Homeland Security has published a list identifying Maryland and several of its jurisdictions as so-called ‘sanctuary jurisdictions.’ The accompanying language characterizes these jurisdictions as ‘deliberately and shamefully obstructing’ the enforcement of federal immigration law and ‘endangering American communities. As Maryland’s attorney general, I reject the inflammatory rhetoric and legally flawed premise underlying this designation. Maryland’s laws and policies are consistent with the U.S. Constitution and the rule of law. If the Trump administration seeks to take unlawful or punitive action against Maryland or its residents based on this designation, I will not hesitate to take all necessary legal steps — as I have since Jan. 20 — to defend our state, uphold our laws, and protect the rights of all Marylanders, regardless of immigration status. My commitment remains steadfast to ensure that justice, equity, and the Constitution — not political theater — guide how our laws are enforced and how our communities are protected.
The National Association of Counties is sharing information and guidance via their policy blog:
DHS has indicated that each identified designated sanctuary jurisdiction will receive formal notice and is encouraged to review and amend its policies to ensure alignment with the administration’s federal immigration enforcement priorities. NACo strongly recommends that counties consult with legal counsel to ensure that any immigration-related policies are consistent with state and federal laws.
As of this writing, the Department of Homeland Security has removed the previously published list from its public-facing website, but without any additional public guidance regarding its intent to change support or funding for affected jurisdictions. Continue to follow Conduit Street and the NACo resources for updated coverage as details continue to unfold.
