Maryland sheriffs say DOJ lawsuit confirms Community Trust Act concerns

Mennatalla Ibrahim, The Baltimore Sun on Jul 13, 2026

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BALTIMORE – The Justice Department’s lawsuit challenging Maryland’s new immigration law has sharpened a growing divide over immigration enforcement, with local sheriffs telling The Baltimore Sun the measure leaves them caught between conflicting state and federal directives, while top Maryland Democrats say it is essential to building trust with immigrant communities.

The lawsuit, filed Thursday, states that the sanctuary policies in Maryland’s Community Trust Act violate federal law by limiting when state and local agencies may cooperate with U.S. Immigration and Customs Enforcement. The measure took effect May 31 after Gov. Wes Moore allowed it to become law without his signature.

Washington County Sheriff Brian Albert said the lawsuit reflects concerns sheriffs have raised since lawmakers approved the bill earlier this year.

“Law enforcement in Maryland, and sheriffs in particular, are caught between two sets of laws that conflict with one another,” Albert said. “What we need, more than anything, is clear direction on what we can and cannot do, so our deputies can do their jobs with confidence and without fear of liability.”

Albert said his office previously partnered with ICE through the 287(g) program, which was banned statewide through emergency legislation earlier this year. He said his office’s priority remains protecting public safety by ensuring dangerous offenders are not released into the community.

Carroll County Sheriff James DeWees said the DOJ lawsuit strengthens a separate legal challenge filed in May by 17 Maryland sheriffs. Harford County Sheriff Jeff Gahler, the lead plaintiff in that lawsuit, said the federal government’s case “validates” sheriffs’ arguments that the Community Trust Act is unconstitutional and urged the courts to strike down the law.

“We want immediate relief so that we can continue to communicate with ICE,” DeWees said.

Republican legislative leaders said the lawsuit echoes concerns they raised during this year’s General Assembly session, when they urged Moore to veto the bill.

“When Senate Republicans said this bill would invite federal action, that wasn’t politics. It was a warning,” Senate Minority Leader Steve Hershey said in a text message. House Minority Leader Jason Buckel added that Republicans believed the legislation would inevitably face a legal challenge, arguing that cooperation with federal immigration authorities “shouldn’t be a partisan issue.”

Democrats rejected that criticism, arguing the law encourages immigrants to report crimes and cooperate with police without fear that routine interactions could lead to deportation.

“We passed this law because public safety depends on trust,” Senate President Bill Ferguson said in a statement.

House Speaker Joseline Peña-Melnyk added that the measure does not prevent the federal government from enforcing immigration law but instead makes clear that Maryland — not Washington — decides how state and local resources are used.

Moore’s office declined to comment on the pending litigation but disputed the DOJ’s characterization of Maryland as a sanctuary state. Rhyan Lake, a spokesperson for the governor, said the law still permits cooperation with federal immigration authorities in cases involving people convicted of serious crimes and in other circumstances required by law.

“Maryland will work with the federal government when that coordination makes our people safer,” she said. “But we will not let Donald Trump’s untrained, unqualified, and unaccountable ICE agents deputize our law enforcement officers to do immigration work.”

The lawsuit is the latest in a series of DOJ challenges to state restrictions on cooperation with ICE, including those in Colorado, Connecticut, Illinois and New York.

As the legal battle unfolds, the central question is whether Maryland is choosing not to devote state resources to federal immigration enforcement or whether parts of the Community Trust Act unlawfully interfere with federal authority.

Guha Krishnamurthi, a law professor at the University of Maryland Francis King Carey School of Law, said existing Supreme Court precedent generally allows states to decide whether their employees will assist with federal immigration enforcement. “The federal government cannot force state officials to do its bidding,” he said.

Krishnamurthi said the Community Trust Act appears to fit within that framework because it governs the conduct of Maryland officials rather than federal immigration authorities. Still, he said, a judge could conclude that certain provisions go too far and strike down portions of the law while leaving the remainder intact.

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