Frederick County Sheriff Chuck Jenkins testifies against a bill that would force his agency to cancel an agreement with Immigration and Customs Enforcement allowing the local department to enforce federal immigration law. (Photo by William J. Ford/Maryland Matters)
Supporters of a bill that would force sheriff’s departments to cancel agreements with federal immigration officials said deputies could still enforce the law just as effectively — they would just not be doing so as an extension of federal authorities.
“There are counties that do not have these formal agreements that still cooperate with ICE [Immigration and Customs Enforcement], still honor judicial warrants, still honor detainers when they are presented to them,” Del. Nicole Williams (D-Prince George’s) said Thursday during testimony for her bill, House Bill 1222.
The bill would prohibit local law enforcement agencies from entering into so-called 287(g) agreements that allow ICE to delegate some federal enforcement authorities to local officers, including the authority to arrest and check a person’s immigration status through a federal database. The bill also requires those departments that have 287(g) agreements to cancel them by July 1.
Six counties — Carroll, Cecil, Frederick, Garrett, Harford and Washington — currently have 287(g) agreements with ICE. Frederick and Harford sheriffs turned up at Thursday’s Senate Judicial Proceedings Committee hearing to defend the program.
“Please allow the local counties to provide public safety as they see fit,” Harford County Sheriff Jeffrey Gahler said.
Frederick County Sheriff Chuck Jenkins said his jurisdiction has been part of the 287(g) program since 2008 and “removed 1,795 criminals,” the majority of whom he described as “dangerous” and “violent.”
Del. Nicole Williams (D-Prince George’s) testifies on her bill to prohibit agreements between Immigration and Customs Enforcement and local police. (Photo by William J. Ford/Maryland Matters)Del. Nicole Williams (D-Prince George’s) testifies on her bill to prohibit agreements between Immigration and Customs Enforcement and local police. (Photo by William J. Ford/Maryland Matters)
Gahler noted that since his department signed a 287(g) agreement in 2014, ICE has chosen not to initiate action in 35% of cases there. He also pointed to the popularity of the agreements, citing a January poll by Annapolis-based Gonzales Research & Media that found 76% of people surveyed said they would support requiring local governments to cooperate with federal efforts to enforce immigration laws.
But opponents of the agreements say 287(g) agreements “significantly undermined any trust in law enforcement” in immigrant communities.
“287(g) agreements literally turn local law enforcement into ICE agents,” said Nicholas Katz, general counsel for the nonprofit immigrant-rights organization CASA, based in Prince George’s County.
“In this moment, Black and brown families don’t know if it’s safe to go to work, if its safe to walk their kids to school, if it’s safe to go to the hospital,” Katz said.
Currently, jail staff in a jurisdiction can check for any immigration enforcement actions against inmates. If there is a detainer, local officials will notify the agency that’s under the U.S. Department of Homeland Security.
Under Williams’ bill, which passed the House 98-38 last week, if federal authorities identify an immigrant who’s been convicted and is being held in a local jail, the local officials would have to give ICE at least 48 hours notice before release of the inmate. They would have to turn the immigrant over when federal authorities arrived.
At Thursday’s hearing, Sen. Chris West (R-Baltimore County) said the sheriffs would continue to do their job protecting the public, but asked if not having the 287(g) program would decrease their public safety work. It would, Gahler said.
“If we lose the ability to have these agreements with ICE, we lose what comes along with it,” Gahler said. “Which is finding out whether these people are indeed in the country illegally, and recommendations from ICE in relation to national security.”
Sen. William C. Smith Jr. (D-Montgomery), chair of the committee, said he understood the perspectives from supporters and opponents of the bill. But he acknowledged “there is a distinct fear” under the administration of President Donald Trump (R), who has made an immigration crackdown a key element of his tenure. The 287(g) program began under former President Bill Clinton (D) in the 1990s.
“I guess our policy debate here is centered on the federal prerogatives and their implementation of deportation policy and the existence of 287(g) in Maryland,” Smith said.
“Is that creating such an atmosphere that people are not going to want to cooperate with law enforcement? Live life?” he asked. “Is that something that is beneficial to keeping the 287(g) program or getting rid of it?”
by William J. Ford, Maryland Matters
March 28, 2025
Maryland Matters is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Maryland Matters maintains editorial independence. Contact Editor Steve Crane for questions: [email protected].
Bishop Joel Johnson says
Such 287 (g) Agreements with INS are an insult to civil law enforcement! This is an important issue to me as for many years our Easton mission, and our other missions, had a large Spanish speaking congregation, in addition to another in English. Perhaps twenty years ago, following an INS raid on an Easton apartment complex in which Easton Police participated along with Maryland State Police, I had several eventful meetings. First, the Easton chief visited me following the raid, deeply affected by the jack-booted behaviors of INS agents, and vowing he could not support further raids with them. I was proud of him for his moral and civil propriety. Second, I subsequently met with the then Superintendent of the Maryland State Police and his department heads in which he declared MSP would no longer participate with INS in their raids. This was in response to my letter to him, proposing that if INS needed civil authority to legitimize their raids, these would be events for the U.S. Marshall’s Service. Easton and Talbot County law enforcement have generally been highly professional, having SOPs which reflect their calling to serve and protect. They are among the reasons why Easton and Talbot County have had long standing positive relations with our Hispanics, enabling them to be supportive participants, rather than wards, of their new land. Rather than sallying forth into 287 (g) arrangements, I encourage law enforcement to participate with Mid-Shore Community Resources to enhance their already strong relationships with all members of the Shore.
David Montgomery says
Bravo to the elected sheriffs who are willing to take a stand in favor of enforcing the law and protecting our communities. Facing the constantly hostile faces of Democrat lawmakers who dictate policies that we on the Eastern Shore reject is not an enjoyable experience for anyone. There is nothing inhumane or unfair about housing illegal migrants in our jails for a Federal agency, unless the lawmakers intention is to give them a chance to escape before ICE Is notified of their release. This law is another move toward making Maryland a sanctuary state deprived of Federal funding. Housing Federal prisoners is a significant source of income for counties where it is being practiced.