RIGHT HERE, RIGHT NOW – Public wants dangerous criminals turned over to ICE, not set free from local jails

Let’s cut through the political noise and get to the real issue: what problem are we trying to fix? It may seem like a simple question, but when it comes to illegal immigration and our justice system, it needs to be asked. Last week, we released the results of a poll that was conducted earlier in the month in Maryland, asking residents if they support or oppose local law enforcement turning over previously convicted criminals who are also illegal immigrants to ICE. The results were eye-opening.

But before we dive into those numbers, let me give you some context.

Back in 2018, our former Maryland Attorney General Brian Frosh provided guidance on ICE (Immigration and Customs Enforcement) detainers, which reflect a broader legal and political debate on immigration enforcement at the local level. The legal advice from his opinion clarified that compliance with ICE detainers is voluntary for local law enforcement. It highlighted potential liability risks for local officials if they detain individuals beyond their legal release date without a judicial warrant or probable cause for a new crime. This stance underscores a legal opinion that local law enforcement should not act as immigration officers unless explicitly required by law or judicial process.

Fast forward to 2021, when Annapolis Democrats unilaterally passed HB 16- Correctional Services – Immigration Detention – Prohibition (Dignity Not Detention Act). The bill made it illegal for ICE to house prisoners in the state of Maryland. Governor Hogan vetoed the bill, a veto that was overridden by Democrats in a special session that same year. I strongly recommend watching the 3rd reader debate for anyone eager to delve into the intricacies of politics. The Republicans, including myself, who spoke on the bill, were correct.  The link takes you directly to my vote explanation during the 2021 session, when we were still required to wear masks.  But I encourage you to back up the video and watch the entire debate. https://www.youtube.com/live/d7nGjVQFbdE?si=zOJQxNaf3JeTLhsf&t=2894

Both instruments have caused miscommunications and a hodgepodge of policies that differ from one County to the next.

Sometimes, it varies between correction facilities and depends on who is working and what day the arrest is made. For instance, Prince George’s County enacted local legislation prohibiting its correctional facilities from contacting ICE. Montgomery County implemented a similar ordinance; however, following public outcry, it was repealed this past March. I have seen reports in nearby Charles County where sometimes they comply, and sometimes things slip through the cracks. We just had a case last week involving a violent offender that sent a prosecutor scrambling to hold a high-profile inmate who had an ICE detainer in St. Mary’s County. This case highlights the potential consequences of our current system’s inconsistencies.

This is why we need a state law. This is not just about immigration status – it’s about protecting our citizens from violent criminals.

Currently, no law prevents a local correction facility or personnel from contacting ICE, but the state needs clarity and constancy. The lack of a clear policy can lead to potential risks. Our solution is simple: if the local correction facilities have an inmate in custody who has an ICE detainer, they must notify ICE of their anticipated release time. This simple step can prevent the release of potentially dangerous individuals back into our communities.  

This logical policy is not only reasonable and practical but also common sense. And it is very popular with our citizens. When asked the question, “Do you support or oppose local law enforcement in Maryland being required to turn over to Immigration and Customs Enforcement (ICE) any illegal immigrant who has been previously convicted of a violent crime, convicted gang member, or convicted of a sexual offense?” The majority of Marylanders polled answered “yes.”

84% of Marylanders supported the position, including 90% African Americans and 88% women. This overwhelming support clearly indicates that our citizens want their streets to be safer and see ICE as part of the solution. (See the complete poll here.)

This overwhelming support has led to some very favorable press for our group.

Fox 45 Video

Fox 45 Baltimore: Citing poll data, Maryland GOP lawmakers urge Gov. Moore for statewide ICE cooperation https://foxbaltimore.com/news/local/citing-poll-data-maryland-gop-lawmakers-urge-gov-moore-for-statewide-ice-cooperation#

Maryland Matters: Conservatives tout poll that says majority want local police to work with immigration https://marylandmatters.org/2024/09/17/conservatives-tout-poll-that-says-majority-want-local-police-to-work-with-immigration/

Baltimore Sun: Maryland Republicans push Gov. Wes Moore for more stringent ICE policy following poll https://www.baltimoresun.com/2024/09/17/maryland-republicans-push-gov-wes-moore-for-more-stringent-ice-policy/

The Chesapeake Today – Right here, Right now. https://www.thechesapeaketoday.com/matt-morgan-right-here-right-now/

The numbers don’t lie. The vast majority of Marylanders want their streets made safer, and ICE is part of the solution, not the problem. It’s not a political issue. It’s a safety issue. And yet, our Democratic leaders in Annapolis continue to ignore the will of the people and push for policies that put our citizens at risk. Let’s stop playing politics and start prioritizing the safety and well-being of our communities. It’s time for real change and real action from our elected officials.

Office Contact

If you have a concern or legislative idea, or if you have a constituent issue that you need assistance with, please call my office at: 410-841-3170/ 301-858-3170 or toll-free 800-492-7122 ext.  3170 or email me at matt.morgan@house.state.md.us.  Thank you for your interest in the critical issues facing Maryland today.  Please be sure to follow me onFacebook and Twitter for the most up-to-date information.

Thank you for the help, and have a great weekend,

Matt Morgan
State Delegate 29A ~ St. Mary’s County