Attorney General Anthony Brown has made guidance available for the implementation of the Community Trust Act and Data Privacy Act but it is not just for public safety officials. It includes vital information, regarding the Data Privacy Act, about all Public Information Act requests made to any division of county government. 

Maryland Attorney General Anthony Brown has released updated guidance for state and local public safety agencies outlining their responsibilities during federal immigration enforcement activities. Importantly, the updated guidance reflects not only provisions of the newly enacted Community Trust Act (SB 791), but also those included in the Maryland Data Privacy Act (HB 711). It is important to note that the guidance regarding HB 711 is not just for public safety agencies.

Together, these laws establish new guardrails governing when state and local law enforcement may cooperate with federal immigration authorities and how personal information may be shared.

Major highlights from the press release:

• Local correctional facilities (including the pre-trial facilities run by the Department of Public Safety and Correctional Services) may not notify ICE of the custody status, or provide advance notice of release, of individuals without certain criminal convictions, absent a valid judicial warrant or court order; 
• State correctional facilities must notify ICE within 48 hours before releasing an individual who is the subject of a detainer accompanied by a Form I-205 warrant of removal or deportation;
• Law enforcement officers generally may not share information obtained in the course of their duties with federal immigration authorities, with limited exceptions for court orders and criminal investigations. This prohibition does not apply to citizenship or immigration status information; and
• Units of state and local government are prohibited from entering into 287(g) agreements or other agreements authorizing the enforcement of civil immigration laws.

An important note for local governments and record custodians is that while the guidance focuses primarily on law enforcement and detention center functions, the provisions of HB 711 apply to all local agencies and custodians that process Maryland Public Information Act requests. In short, if an otherwise publicly available record, controlled by any local agency, contains “personal” or “identifying” information, it must be denied if it appears the request is made for the purpose of enforcing federal immigration law. This type of information is not limited to public safety records but could be present in land records, business filings, grant information, code enforcement records, parks and recreation documents, etc. This standard applies regardless of who the request is made by and to which local agency the request was made.

As such, HB 711 requires:

• an inquiry comprising “reasonable steps,” by the county official to determine if a record that contains “personal” or “identifying” information is to be used for the purpose of immigration enforcement
• a denial of the “personal” or “identifying” parts of the record if the request appears to be for immigration enforcement purposes
• a disclosure of the “personal” or “identifying” parts of the record if it does not appear to be for immigration enforcement purposes
• a disclosure of the record if the custodian is presented with a valid judicial warrant

For Maryland counties and local law enforcement agencies, the updated guidance serves as an important resource for implementing recently enacted state law. While federal immigration enforcement remains the responsibility of federal authorities, the General Assembly’s passage of SB 791 and HB 711 establishes new legal standards governing local government participation and the handling of personal information. Counties should review the guidance carefully to ensure agency policies, procedures, and training reflect these statutory changes and remain consistent with Maryland law.