Research Note Researched

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.

May 18, 2026 (Maryland Matters): Despite the vocal defiance, the formal 287(g) agreements collapsed quickly — eight of the nine counties pulled out and the ninth said its agreement would no longer be enforced, ahead of the July 2026 statutory deadline. Washington County’s Sheriff Albert had said his agreement would run “until May.” The remaining fight is over informal cooperation (the Community Trust Act target), not the formal task-force agreements, which are effectively gone.

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: Jul 3, 2026