Maryland's Ban on Local Cooperation with ICE: Implications and Reactions

On February 18, 2026, Maryland Governor Wes Moore (D-MD) signed legislation that effectively bans state and local law enforcement agencies from entering into agreements with U.S. Immigration and Customs Enforcement (ICE) under the controversial 287(g) program. This program had allowed local officers to act as federal immigration agents, detaining individuals for ICE. The new law, classified as emergency legislation, mandates that any existing agreements be terminated within 90 days.

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Despite the ban, nine Maryland county sheriffs have publicly vowed to continue their cooperation with ICE. Wicomico County Sheriff Mike Lewis criticized the legislation, calling it a "betrayal to law enforcement" and asserting that it would not prevent ICE from operating in the state. He predicted an increase in ICE activity, stating, “Mark my words, you will see a dramatic increase in the presence of ICE in this state.” Other sheriffs echoed this sentiment, indicating they would create individual policies to maintain their collaboration with ICE, regardless of the new law.

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Supporters of the legislation, including immigrant rights advocates, view the ban as a necessary step to protect vulnerable communities. Jordy Diaz, an advocate, expressed relief at the passage of the law, stating it corrects a previous failure to protect immigrant rights. Proponents argue that entangling local police with ICE erodes trust within immigrant communities, making residents less likely to report crimes or cooperate with investigations due to fear of deportation. Governor Moore emphasized that the law aims to build trust between law enforcement and the communities they serve.

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Maryland's ban on 287(g) agreements follows similar actions in New Mexico and Maine, which have also enacted laws prohibiting local cooperation with ICE. These states join a growing list of jurisdictions, including California, Connecticut, and Illinois, that have restricted local law enforcement's involvement in federal immigration enforcement. Critics of the ban, including former Maryland Governor Larry Hogan, argue that it could compromise public safety by limiting local authorities' ability to detain potentially dangerous undocumented immigrants.

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While advocates for the ban argue it protects civil rights, opponents contend that it may lead to increased crime by allowing undocumented individuals, including those with violent criminal backgrounds, to remain in communities. Data from Maryland's public defender office indicates that many individuals transferred to ICE under the 287(g) program had not been convicted of serious crimes, complicating the narrative surrounding public safety.

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Governor Moore stated, “We do not take violent offenders lightly. We are going to make sure our communities are safe from people doing violent harm to them.” This reflects the administration's commitment to balancing community safety with immigrant rights. However, critics maintain that the law does not prevent local law enforcement from communicating with ICE, potentially leaving a loophole for continued collaboration.

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As the new law takes effect, the response from local law enforcement will be closely monitored. The ongoing debate over immigration enforcement and community safety in Maryland is likely to continue, especially as other states consider similar legislation. The implications of this ban will unfold as sheriffs implement their policies and as immigrant communities react to the changing landscape of local law enforcement practices.

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