On March 11, Associate Policy Director Sarah Sample submitted written testimony to the Judiciary Committee in opposition to HB 1536 – Maryland Enforcement Limits and Transparency (MELT) Act.
This bill alters how county employees, private contractors, and various members of the public interact with federal agents and agencies while attempting to knowingly comply with immigration and customs enforcement. Additionally, the bill establishes new private and public rights of action that can be brought in the instance that a person knowingly violates the new standard of cooperation with federal enforcement.
While intended to set clearer boundaries around these interactions, counties warn that this could expose local governments to legal and financial liability for actions taken by sheriffs and deputies—state officials who operate independently of county control. Without clearer statutory guardrails, HB 1536 could place counties in the difficult position of defending lawsuits tied to decisions they neither direct nor have the authority to prevent, while also disrupting certain detention facility communication practices currently used to address serious public safety concerns.
Primarily, HB 1536 puts counties at risk of having to fund lawsuits and
settlements regarding the actions of sheriffs and their deputies, who are state employees that are merely providing a service for county governments. Holding the counties responsible for actions taken by a state employee attempting to fulfill their state sanctioned role, in the performance of a county specific function that clearly bans the practice, is an unfair penalty, with potentially far-reaching consequences.
More on MACo’s Advocacy:
