Maryland Lawmakers Debate Bill to Mandate ICE Cooperation for Violent Offenders

By FOX45
Posted on 02/09/25 | News Source: FOX45

Annapolis, MD - Feb. 9, 2025 - Immigration remains at the forefront of conversation in Washington and here in Maryland. This week in Annapolis, lawmakers debated a new bill that would increase cooperation with ICE within local jails, prisons, and detention centers.

Proponents call it a common-sense public safety measure, while critics argue it puts constitutional rights at risk.

Following the arrest of Rachel Morin's alleged killer, Victor Martinez Hernandez, an undocumented immigrant from El Salvador, Maryland’s ICE Director Mathew Elliston says most jurisdictions have agreed to honor ICE detainers, but not all.

In Howard and Prince George's County, sanctuary policies prohibit any local cooperation with ICE agents, no matter the crime committed. Policies in line with new guidance from Maryland’s Attorney General, noting detainers “are requests only; local officers are not obligated to honor them, and, in fact, risk violating constitutional rights by doing so.”

SB387, or the Protecting Marylanders From Violent Offenders Act of 2025, would mandate all Maryland correctional facilities turn over inmates to ICE if the noncitizen:

• HAS ENGAGED IN OR IS SUSPECTED OF TERRORISM OR ESPIONAGE, OR OTHERWISE POSES A DANGER TO NATIONAL SECURITY
• HAS BEEN CONVICTED OF AN OFFENSE OF WHICH AN ELEMENT IS 3 ACTIVE PARTICIPATION IN A CRIMINAL STREET GANG, AS DEFINED IN 18 U.S.C. 4 521
• IS AT LEAST 16 YEARS OLD AND INTENTIONALLY PARTICIPATED 6 IN A CRIMINAL STREET GANG, AS DEFINED IN 18 U.S.C. 521, TO FURTHER ILLEGAL 7 ACTIVITIES; OR
• HAS BEEN CONVICTED OF AN AGGRAVATED FELONY, AS DEFINED 9 IN 8 U.S.C. 1101

“This is only for the most violent offenders. Let's be very clear on that,” says Senator William Folden, the bill’s author, “This isn’t about trying to turn any communities against each other. This is about keeping our communities safe from these repeat violent offenders that some jurisdictions keep putting back out into the community and that’s not safe for anyone.”

The bill is currently under consideration in the Senate Judicial Proceedings Committee. If enacted, the law would take effect on October 1, 2025.