Maryland lawmakers could not agree on a bill to end local enforcement agreements with U.S. Immigrations and Customs Enforcement on Monday, instead passing a watered-down version of other legislation aimed at protecting immigrant communities during the final minutes of the session.
The last-minute decision means that local jurisdictions will still be able to enter 287(g) agreements with ICE, a controversial program supported by law enforcement but opposed by immigrant rights groups and named after a section of immigration law.
“We are not touching 287(g) in this agreement,” Del. Luke Clippinger assured members of the House Judiciary Committee during a late-night meeting.
Several Maryland sheriffs have already entered into these agreements, in which ICE trains local deputies to serve and execute administrative warrants for jailed people who are believed to be in the country without authorization. They said the program helps ICE identify people who commit crimes while living in the United States without documentation.
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Opponents of the program argued that it deputizes local law enforcement to act as ICE officers, discouraging immigrants from contacting the police when they need help.
Ninfa Amador-Hernandez, a policy analyst for the immigrant advocacy organization CASA, called failure to end 287(g) agreements “truly shameful” in the moments after the legislature adjourned.
The House of Delegates passed a compromise bill that would have ended 287(g) programs but also required local correctional facilities to notify ICE before releasing people convicted of felonies, violent crimes or certain other offenses. But that legislation failed to gain traction in the Senate.
“Every deportation under this program falls on the hands of the Senate,” Amador-Hernandez said. “Every family that is torn because of this program falls on the hands of the Senate.”
Instead, lawmakers agreed on a “sensitive locations” bill that requires public schools, libraries and certain public facilities to deny ICE warrantless access to areas that are not publicly accessible. The Attorney General’s Office must also create guidelines for those facilities to follow in the event of an ICE enforcement action.
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The bill also requires state and local governments to develop procedures to prevent third parties from selling or republishing personal records provided by the state “in a way that harms the privacy of residents.”
It is a significantly narrowed-down version of legislation that would have prohibited state and local governments from granting access to information databases for immigration enforcement purposes without a warrant.

The Attorney General’s Office raised legal concerns about an earlier version of the bill that would have blocked private data brokers from sharing information for immigration enforcement purposes.
Supporters of the 287(g) program were glad to see it survive the legislative session.
Sen. Justin Ready, the minority whip, said, “It’s good there will not be an assault on a program that has really had tremendous success with processing people who are here illegally who have been arrested for crimes.
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“I still maintain it’s a lot of theater this session about illegal immigration,” he said.
Republicans throughout the session have raised concerns that passing more aggressive immigration bills would invoke the ire of President Donald Trump, whose mass-deportation efforts have already swept up Marylanders, including those here legally.
The U.S. Supreme Court on Monday paused a judge’s order that would have required the Trump administration to return Kilmar Abrego Garcia, a Maryland man mistakenly deported to a dangerous prison in El Salvador, to the United States.
“It’s very notable that on this day the Supreme Court also failed to protect Kilmar Abrego Garcia, a Marylander who was unfairly, unjustly, unlawfully, illegally deported, the Maryland Democratic leadership failed to protect immigrants,” Amador-Hernandez said.
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