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Maryland — 287(g) Ban, 9-County Sheriff Defiance, Community Trust Act

MD

287(g) Program in Maryland (Pre-Ban)

Nine Maryland counties had 287(g) agreements with ICE:

CountyAgreement TypeSignedNotes
FrederickJail Enforcement Model2008Longest-standing in MD (Sheriff Chuck Jenkins)
HarfordPre-existingPre-2025Sheriff Jeffrey Gahler
CecilPre-existingPre-2025
AlleganyWarrant Service Officer2025Signed during Trump’s second term
CarrollWarrant Service Officer2025Sheriff Jim DeWees
GarrettWarrant Service Officer2025
St. Mary’sWarrant Service OfficerMar 3, 2025Sheriff Steve Hall; 6 detainers since start
WashingtonWarrant Service Officer2025Sheriff Brian Albert
Wicomico(tabled Nov 2025)Nov 2025Tabled under AG guidance; Sheriff Scott Lewis

Five of the nine signed during Trump’s second term (2025).

The Ban (February 2026)

Gov. Wes Moore signed two emergency bills on February 18, 2026 — the first bills signed in the 2026 General Assembly session:

  • Bans state agencies and employees from entering 287(g) agreements
  • All existing agreements must end by July 2026
  • Effective immediately upon signature

Sheriff Defiance

Within days, sheriffs from all nine counties announced plans to continue cooperating with ICE through alternative mechanisms:

  • Frederick (Jenkins): “I’m willing to fight that fight”; looking at legal challenge; says “you can continue to work with ICE without necessarily being in the program” through 48-hour holds
  • Washington (Albert): 287(g) will continue until May 18, then notify ICE on release day without 48-hour window
  • Carroll (DeWees): Said he would continue working with ICE “even if the bill was signed into law”
  • Wicomico (Lewis): Met with “former federal prosecutor who believes we have a case”; weighing legal options
  • Harford (Gahler): “Positive indications” of legal action forthcoming
  • Garrett: Updated public on 287(g) agreement status via sheriff’s office website

March 2026: Maryland sheriffs gained national attention (including from Allen West) as symbols of resistance to state-level immigration enforcement limits.

April 3, 2026: Baltimore Sun reporting shows the 287(g) ban has had “limited impact” — sheriffs continue informal cooperation.

Community Trust Act (April 2026)

To close the loophole sheriffs are exploiting, Maryland passed the Community Trust Act:

  • Bars correctional facilities from honoring ICE detainer requests unless accompanied by a federal judicial warrant
  • Prohibits jails from providing advance notice of release dates to ICE
  • Prohibits transferring people to ICE custody without a court order
  • Bars corrections employees from asking about citizenship, immigration status, or place of birth
  • Federal immigration agents barred from entering non-public areas of correctional facilities

Status: House approved 92-37 (Apr 12); Senate approved 29-13. Gov. Moore has signaled support.

Dignity Not Detention Act

Separately, Maryland passed the Dignity Not Detention Act (SB 478/HB 16):

  • Prohibits state/local jurisdictions from facilitating immigration detention by private entities
  • Bars payments, subsidies, or financial incentives for private detention facility ownership/operation
  • Requires public notification and comment before approving zoning for detention facilities
  • Key tool against the stealth facility model (as seen in Elkridge/Howard County)

The Pattern

Maryland’s legislative arc shows a three-layer defense:

  1. 287(g) ban (Feb 2026) — formal cooperation agreements
  2. Dignity Not Detention Act — private detention facilities
  3. Community Trust Act (Apr 2026) — informal cooperation via detainers, release notifications

Each layer was needed because sheriffs found workarounds to the previous layer.

Sources

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Last updated: Apr 12, 2026