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Maryland Democrats Pushing for State to Become Sanctuary for Illegal Immigrants

Posted on Thursday, March 14, 2019
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by Outside Contributor
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76 Comments
immigration

Sheriff Chuck Jenkins ended up with two suspected cartel hitmen in his Frederick County, Maryland, jail last week. Maryland State Police made the arrests after discovering drugs and guns in their vehicle.

Jenkins said the only way that jail officers were able to determine the two men were in the United States illegally and were alleged hitmen was through his county’s cooperation with Immigration and Customs Enforcement (ICE).

But, Jenkins said, that cooperation could soon be blocked if a raft of new bills pass the Maryland legislature—effectively rendering Maryland a sanctuary state for illegal aliens, by shielding them from immigration authorities.

Jenkins said that if he was prohibited from communicating with ICE and honoring a detainer from the agency, the alleged hitmen could have been released on a bond—with no one knowing their cartel connections.

The sheriff serves in one of three Maryland counties—along with Anne Arundel and Harford—that currently cooperates with ICE through its 287(g) program. The program allows for ICE to be alerted when an illegal alien is booked into a county correctional facility.

“The only inquiries that we make are once an individual is arrested and taken to our booking center at the jail. Everybody is asked two questions: ‘Where were you born?’ and, ‘What country are you a citizen of?’”

If the detainee answers anything other than “the United States,” an immigration status check is conducted using the federal database.

Deputies never ask for an individual’s immigration status while responding to an incident, during a traffic stop, or while conducting an investigation, Jenkins said.

Severing ICE

The bill that Jenkins is most concerned about is House Bill 913 (HB 913), which would essentially sever communication between local or state law enforcement and ICE.

“They’ve got these laws written so tightly, you couldn’t even pick up the telephone and make a call to ICE,” Jenkins said.

HB 913 would also prohibit cooperation with an ICE detainer, which is a request by the immigration agency to hold an illegal alien until an agent can pick him or her up. Detainers also ask a local or state jail to alert ICE when an illegal alien is to be released from custody. Under HB 913, ICE would have to instead produce a federal judicial warrant. Both require probable cause, but a judicial warrant requires a judge to sign off.

The bill would also prevent correctional officers from supplying ICE the address of a person released from jail and their time of release, said Maryland House Delegate David Moon, a Democrat and HB 913 sponsor.

“However, they would not restrict ICE from accessing this information,” Moon said.

Fifty-six Democrats co-sponsored the bill.

“I do not consider this as a sanctuary bill,” Moon said.

Jenkins disagrees. He said ICE doesn’t have any information on illegal aliens who have never been apprehended before, and HB 913 would prevent immigration authorities from knowing about those aliens.

“There is no way for ICE to really know, unless they cooperate with local law enforcement,” he said. “ICE doesn’t necessarily know if an arrestee is an illegal alien. If he’s never been encountered by law enforcement—either in the interior or on the border—there’s no way to know because there’s no record of them.”

Jenkins said the safest way is the current method, in which most of the cooperation and transfer of custody takes place through the corrections system.

He said he doesn’t view ICE detainers any differently than those issued from agencies such as the FBI, the U.S. Marshals, or the Bureau of Alcohol, Tobacco, Firearms and Explosives.

“We will detain someone for any other federal agency. So why not ICE?” he said.

Jenkins testified against the bill on March 5 on behalf of all 24 elected sheriffs in Maryland.

Public Safety

Gary McElhaney, assistant secretary with Maryland’s Department of Public Safety and Correctional Services, said the implications of the sanctuary bills are particularly pertinent for Department of Corrections (DOC) inmates.

“Twenty-five percent of the undocumented immigrants in the DOC system are there for murder; 30 percent for sex crimes. So over half our undocumented population in the DOC is in for serious crimes. And we do alert the Department of Homeland Security when those folks are to be released,” he said.

Under the new bill, that alert would be forbidden. And the bill goes even further, to prohibit detainers and warrants from other states being honored.

“The state would be obligated to release a detainee or an inmate who does not have a federal judicial warrant—which excludes detainees and inmates who have outstanding state warrants,” McElhaney said during a bill hearing on March 5 in Annapolis.

“This would result in an inordinate amount of erroneous releases and would severely jeopardize public safety.”

However, he said, the inmate wouldn’t be released if they are a U.S. citizen. If an inmate is a U.S. citizen, and was about to be released after serving a murder sentence, for example, but another state had issued a detainer or warrant for that inmate, the inmate would be turned over to that state.

Another way the bill would shield illegal immigrants from ICE is for charges that don’t require fingerprinting.

“For DUI arrests or other arrests related to traffic or other infractions, there are no fingerprints taken, and therefore, ICE would not automatically be notified,” said Tom Williams, legislative liaison for the Maryland State Police, at the bill hearing.

California, which enforced statewide sanctuary policies at the beginning of 2018, has come under fire for several high-profile cases, in which illegal aliens were released instead of being turned over to ICE and then went on to commit serious crimes.

For instance, police officer Ronil Singh was killed while conducting a traffic stop early on Dec. 26, 2018, in Newman, California. Gustavo Perez Arriaga, the illegal alien who has been charged with Singh’s murder, had twice been arrested on drunk-driving charges, but not turned over to ICE.

Enforcement-Free Zones

While law enforcement officers testified vehemently against the bills, advocacy groups argued that they are essential.

Aside from HB 913, two other bills have been introduced to the House of Delegates. One, HB 1165, says that unless it’s required by law, no government agent can inquire about an individual’s immigration status. The other, HB 1273, requires hospitals and schools to develop policies restricting ICE from operating on their premises, in conjunction with the state’s attorney general, Brian Frosh.

Delegate Jheanelle Wilkins, sponsor of HB 1273, said the bill would provide illegal immigrants enforcement-free zones.

“Our hospitals and our schools really should be safe places that are protected. And it’s critical for the health and educational outcomes of our residents that everyone is welcome and safe,” Wilkins said on March 5.

She accused ICE of not fully enforcing its 2011 policy of avoiding enforcement operations in sensitive locations such as schools, hospitals, and churches. Nora Eidelman, deputy director of Community Legal Services of Prince George’s County, said she wants the scope of the bill expanded to include courthouses.

Several illegal immigrants testified, saying they are scared they will be asked about their immigration status.

“I’m scared to go around and go about my business with the fear of being labeled as illegal,” one woman said through a translator.

Vicky Cutroneo, who spoke on behalf of the Board of Education for Howard County, said her board adopted a set of policies in 2017 that rejected immigration enforcement on school property.

“Even after we made that resolution, families really are afraid to come to meetings, to advocate. I know that when we give away laptops, they’re afraid to come and get the laptop,” Cutroneo said.

But Jenkins said HB 1273 is totally unnecessary.

“Boards of Education, higher learning institutions, and hospitals don’t participate in immigration enforcement whatsoever; at all,” he said. “And that’s certainly by their own policy, we all understand that. There is no enforcement in those locations. Those locations are not targeted by ICE.”

‘Chilling Effect’

Nicholas Katz, a lawyer for advocacy group Casa de Maryland, said he estimates around 1 million foreign-born immigrants live in Maryland. However, he didn’t clarify whether he lumped legal and illegal immigrants together in that number. Casa de Maryland receives about 40 percent of its funding from Maryland state and local governments, according to a report by Jim Simpson.

“Every year, CASA helps thousands of Maryland residents apply for benefits and access services,” Katz said.

A 2017 report published by the Federation for American Immigration Reform estimates illegal aliens and their children residing in Maryland cost taxpayers $2.3 billion per year, when including medical, education, justice system, and welfare costs.

“If those individuals fear that their interactions with government agents are going to lead to a pipeline to deportation, or that they or a family member will be asked about their immigration or citizenship status, they’re going to choose to not to access those benefits—which they desperately need,” Katz said. “This bill strengthens public safety, because it ensures people feel safe accessing law enforcement, reporting crimes, and victims aren’t afraid to report what’s happened to them because they think they’ll be questioned about their immigration status.”

Jenkins argued that politicians and activists deliberately mislead the public about the so-called “chilling effect” in immigrant communities where law enforcement cooperates with ICE.

Law enforcement officers don’t ask the immigration status of witnesses and victims of crimes, unless they themselves have been arrested for a crime, he said. And protections such as the U-visa already exist for illegal aliens who are victims or witnesses of crime.

“That’s why I don’t buy this argument [of] the ‘chilling effect,’” Jenkins said in a previous interview. “The local immigrant communities want to make them safer. They don’t want to be victims in their own communities. And we find that, by and large, the immigrant community cooperates with us because they know those protections are there.”

Safer With ICE

Jenkins goes one step further and says his county is safer specifically because he cooperates with ICE in the 287(g) program.

“I truly think there’s a direct correlation. We have one of the lowest crime rates in the region. And we don’t have the magnitude of gang crime. MS-13 gang crime is up [almost] 70 percent in Montgomery County,” he said.

Montgomery County, which introduced sanctuary policies in 2014, is a hotbed for MS-13. Many MS-13 gang members have entered the country by crossing the southwest border illegally and being granted unaccompanied minor protections. Gang members also target other unaccompanied minors for recruitment, often in local schools.

In the past five full fiscal years, almost 260,000 unaccompanied minors have been apprehended by Border Patrol at the southwest border and more than 182,000 have been released to sponsors around the country. Maryland has absorbed more than 14,000 unaccompanied minors over the past five fiscal years.

“We probably run into more transnational gang members, especially over the last two to three years, after the surge of undocumented children from the border into our county,” Jenkins said. “So we’ve seen an increase in MS-13 coming through our system. They came here, say at 14, 15 years old; it’s four or five years later, they’re adults committing serious crimes.”

But, he said Frederick County has had five consecutive years of double-digit decreases in its serious crime rate, including homicides, rapes, robberies, and sexual assault.

In the past 11 years of working with ICE in the 287(g) program, Frederick County has placed 1,496 criminal aliens into removal proceedings, including more than 106 criminal gang members, Jenkins said.

“There’s no one who would argue and say that’s not beneficial to public safety in Frederick County,” he said.

Frank Madrigal, who is the Baltimore deputy field office director for ICE Enforcement and Removal Operations, says cooperation and information sharing among law enforcement agencies is critical to public safety.

“The notion that local officers might be legally barred from such cooperation with a federal law enforcement agency could put the public they are both sworn to serve and protect at greater risk,” Madrigal said. “Sanctuary policies like those proposed in Maryland could permit dangerous criminal aliens, with no lawful basis to remain in this country, to be released and to potentially re-victimize the communities to which they are returning.”

ICE spokesperson Justine Whelan said having to produce federal judicial warrants in place of the current immigration detainers to gain custody of an illegal alien is difficult for ICE.

Officers often need to conduct an in-person interview with a suspected illegal alien in order to establish probable cause for an immigration detainer, she said. These interviews are routinely conducted in correctional facilities, which many sanctuary jurisdictions bar ICE from entering.

“The Fourth Amendment has long permitted civil immigration arrests and detention, regardless of the fact that the probable-cause determination for such violations are made by executive branch officials rather than a magistrate,” Whelan said. “There is no known mechanism for a federal judge or magistrate to issue an arrest warrant in civil and administrative matters.”

Outcome

Maryland would join California as a sanctuary state if the bills pass—which seems likely, considering the spread of 99 Democrats and 42 Republicans in the House. The same result is likely in the Democratic-controlled Senate.

If signed by the governor, the bills will go into effect on Oct. 1.

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EdwardShick
EdwardShick
5 years ago

maybe the People of Maryland and California should send there votes to Mexico ! it might help end DemcRATs Voter Fraud in the rest of America 1

Chic R.
Chic R.
5 years ago

So let me get this straight….if I was to relinquish my US citizenship, I would then be free to go out and kill as many communist representatives in congress as I like…only to be set free on the streets of the US to roam aimlessly looking for the next congressional idiot (domestic enemy) that is fighting to see this country go down the tubes….lol…? Gee, I bet I would I still get free medical and be allowed to vote…!(ha)

It is time American to take back our country that we worked so hard for. I bet our forefathers (which no socialist or liberal taught younger generation care about), are turning over in their graves…!

BajaRon
BajaRon
5 years ago

Of course! Who is surprised?

More illegals = More Democrat votes. The most convenient way to get re-elected. Convincing actually legal citizen voters with reasonable, constitutional arguments is never going to work for liberals. Because they don’t have any.

We are importing Venezequla, Syria and Afganistan right here folks. No need to travel to see the devastation anymore. Just check the Democrat platform.

Mike
Mike
5 years ago

So what we really need to have done is any legislator that approves this bill should be arrested for treason and not upholding the laws of the Constitution of the United States of America and any public official that doesn’t uphold the law should also be arrested and all should be deported as treasonous

Phillip Pucher
Phillip Pucher
5 years ago

So Maryland will become even more the Soviet State of Absurdistan after this legislation passes. Don’t enforce immigration laws yet obey all other laws. Why would anyone buy this argument? We have become the lawless state no longer the free state.

Wayne D Peterkin
Wayne D Peterkin
5 years ago

The scariest part of all this stuff is that uneducated, ignorant Americans actually vote to put these disgraceful, unAmerican politicians in office. There is no hope for our nation if this trend continues. I fear for my grandkids futures.

John C. D'Amico
John C. D'Amico
5 years ago

Notice that only Democrats can scheme up something like this, along with infanticide, the Fart Tax, the New Green Deal and other assorted acts of Socialism. I am worried about our Country!

Stephen Lykins
Stephen Lykins
5 years ago

All Federal funding must be stopped for any jurisdiction providing sanctuary. Furthermore, victims and their families of crimes perpetrated by illegal immigrants should be allowed to sue ALL legislators that voted for the sanctuary!

HAL HOFFMAN
HAL HOFFMAN
5 years ago

This is what happens when you vote DEMOCRAT!

Doodlebug
Doodlebug
5 years ago

Illegal aliens are not subject to ANY laws according to these sanctuary idiots. I can go to prison for not paying taxes but an acknowledged hit man has free reign in my country? What are these people smoking and how in the H…are they being elected?

Rick
Rick
5 years ago

How sad illegals over Americans. The “Democraps” just keep sinking lower and lower. They can’t grow
their base thru ideas so they try and turn illegals into voters. Yes, that will be the next new law, allowing
illegals the right to vote in Maryland local and state elections.

Veteran
Veteran
5 years ago

One can only hope that the people of Maryland are not that moronic that they will take this and declare that the Democrats in their state have overstayed their welcome by decades instead.

des
des
5 years ago

Demos are totaly out of their minds
hopefully the intelligent demos will rise up and stop these idiots from getting into office

Todd Wingard Taylor
Todd Wingard Taylor
5 years ago

Isn’t this how the first Civil War started? Are we going to be a State or Federally governed Nation?

Todd Wingard Taylor
Todd Wingard Taylor
5 years ago

It is time to stand as a nation.

Bob
Bob
5 years ago

Yeah, keep voting democrat and BOHICA!

Gram
Gram
5 years ago

It is totally mind-boggling! I know the Democrats see a great increase in votes, but surely they must realize the danger…surely they must…

teresa Ann d'alessandro
teresa Ann d'alessandro
5 years ago

WHAT AN EFFIN JOKE THESE STATE POLITICIANS ARE – WHY DO YOU IDIOT SUPPORTERS PUT THESE MORONS IN OFFICE – YOU ARE ANTI AMERICAN AND SHOULD BE ASHAMED OF YOURSELVES. YOU SHOULD ALSO BE ESCORTED OUT OF THIS COUNTRY

Lee
Lee
5 years ago

Maryland is too close to PA. I hope this doesn’t pass. I’ve no sympathy for any illegal alien as they should not be here in the first place. If they are illegally here, then any children born in this country should also be illegal.

fred bauder
fred bauder
5 years ago

If this bill passes I have made my last visit to Md.

Rexford O Ames
Rexford O Ames
5 years ago

Curious. Why is it that every State that is governed by a Democrat has gone against America’s security and been an advocate of Illegals? Now, as I understand it. The United States Congress, specifically the House, which is now controlled by that particular party wants to destroy the Constitution and the Laws put in place. In fact, after Supreme Cout Justice Ginsburg was reported I’ll. She has fallen completely of the grid? Does Congress now control who gets into that leg of our constitution? Another comment was made that: there was (proof?) that, John G. Roberts, Jr., Chief Justice of the United States, was threatened if he did not change his vote to allow the ( NOT) Affordable Care Act to be enacted?
I would under ordinary circumstances not question that body, however, with the F.B.I in shambles, Congress is showing signs of becoming Socialistic and fake news has become prolific in its presentation, via false facts and innuendos. Voting has been screwed so badly in many of those states that Democrats are in control of, is, to say the least, frightening.
Am I being paranoid are over reactivate?

Denny
Denny
5 years ago

How long are we the People, No matter what party. going to allow Politicians, like the Democrat Leadership and Rinos in this country, flaunt the Constitution of the United States? That is called Sedition. It is being financed by the elite of the elite rich. That also is Sedition. These people twist and lie about every fact. They are total evil. And they are doing their best to overthrow our country. Is every one blind and deaf to this?

Joan
Joan
5 years ago

The bottom line is THE HELL WITH THE AMERICAN PEOPLE! Take care of all the illegals, not undocumented, ILLEGAL How much more are
we the American people going to take. Another woman murdered in CA by an illegal with a wrap sheet. Guess what, protected with a
Sanctuary State. Unfortunately, these Sanctuary States are growing by leaps and bounds. VOTES FOR THE DEMOCRATS! Then you have the
3 women, new to Congress, who seem to be running the show and don’t have the brains they were born with. I am so sad to see our
wonderful Country going to all these brainless people.

Patty L.
Patty L.
5 years ago

Hopefully, the Republican governor, Larry Hogan, vetos or refuses to sign this garbage.

chaly
chaly
5 years ago

I know cities whose city councils have made them ‘sanctuary cities’ and their citizens don’t even know it! They will know it when someone is killed their city because of a protected illegal and a good lawyer sues them each personally for a billion dollars for causing that unnecessary death. Where the hell is the legal profession on this! Are they all libs!

Bruce Kielty
Bruce Kielty
5 years ago

Democrats are a worse criminal enterprise that the Mafia. At least the Mafia has a small amount of honor.

gin
gin
5 years ago

I wonder if Jheanelle Wilkins lives in a gated community. Most of the people who think this is a great idea have gated homes, body guards or concealed weapon permits.

MariaRose
MariaRose
5 years ago

Having just found out today that my local Democratic Committee holds secret closed meetings to choose who runs for a specific political position, this doesn’t surprise me in the least.

Thomas H
Thomas H
5 years ago

Can’t believe that Californication beat MD in enacting this.

Kim
Kim
5 years ago

Whew! It looks like I left Montgomery County, Maryland, just in time!!

Decades ago, my ex and I owned a couple of rental houses in a nearby town. When subsidized housing for low-income workers was most of what was being built there, a realtor friend suggested that we sell ASAP, which we did. I hate to be the one who says, “…and there went the neighborhood”, but “…there went the neighborhood”. The formerly lovely mall in that town that my kids and I frequently went to suffered serious decline, the pickpocketers came in (one stole my purse, but I chased him for 10 minutes until he ran back into the mall, where he handed back my stuff, and NO ONE helped), violent crimes were being reported more often, and when someone broke into my car, I decided we’d never go back.

Can anyone tell me what sense it makes to let these criminals have their way with us, take our stuff, take our taxes, when legal citizens committing these kinds of crimes are kept in prison??! Talk about unequal enforcement of the law!! Favoritism!!

If Maryland votes to become a sanctuary state, then on their shoulders lie the consequences of their actions. On a recent visit to the town I moved from, I was surprised how, in such a short period of time, the streets became a shabby mess, litter was everywhere, weed trees were clogging the storm drains, and there was an air of malaise, of unhappiness…
Very sad. I feel sorry for law enforcement officials who seek to do the right thing, which is to protect the public. Sanctuary state policies do nothing of the kind. And this is the county where parents of 10-year-old children were arrested for letting them play at a neighborhood park and letting them walk home alone…

dino
dino
5 years ago

We have way too many liberal/socialist/dense oc RATS that live a sheltered life and don’t understand crime.Maybe they should get their head out of where the sun don’t shine and wake up to reality.But when your brain dead there isn’t a lot of hope for our country.

Drue
Drue
5 years ago

This is one of several reasons we left Maryland. Maryland, along with Northern Virginia has become a hotbed of liberal Democrats. They want to take away the rights of citizens, welcome illegal aliens, silence free speech, limit our ownership of weapons for sport and self-protection and fund full term abortions. What the heck is wrong with these people? Speak up against any of their causes and you are labeled a racist, bigot, Nazi or you are attacked. I have no qualms with legal immigration. But soon there will be a change in this country.

Candy Clarke
Candy Clarke
5 years ago

We should not have sanctuary cities

Candy Clarke
Candy Clarke
5 years ago

We should not have sanctuary cities in the USA

Frank S.
Frank S.
5 years ago

I’m reminded of a quote from J.P. Morgan, “A man always has two reasons for doing anything: a good reason and the real reason.” Hmmm…I wonder what the real reason is for these serve serving politicians? Certainly they wouldn’t put their own self interests for “the vote” and political power ahead of the public’s safety. When I read all these stories about opening the doors to illegal aliens and curtailing voter ID checks, I can only wonder why any decent American would allow so many fools to be their political leaders.

GLENDA KEE
GLENDA KEE
5 years ago

THIS IS SO INSANE OF MARYLAND. OUR PEOPLE THERE DESERVE PROTECTION FROM THE ILLEGALS. I KNOW THEY DO THIS FOR VOTES IN THEIR FAVOR, HOWEVER THEY WILL BE SO SORRY WHEN ONE OF THEIR LOVED ONES IS MURDERED BY ONE OF THOSE ILLEGALS. I AM SURE NOT ALL IF THE ILLEGALS ARE THIS TYPE HOWEVER, YOU NEVER KNOW WHICH ONES ARE UNTIL AFTER THE FACTS. THIS HAS GOT TO BE STOPPED. LORD PLEASE HELP THEM IN THIS MATTER.

Bruce
Bruce
5 years ago

Anybody who introduces a bill like this and puts the safety & sovereignty of legal citizens in jeporordy should be charged with treason. They are putting US citizens in danger. Why should illegals have more rights than legal residents? What is this country coming to?

Jim
Jim
5 years ago

Our institutions of “higher learning” became entrenched with “educators” who had the desire to fundamentally change our youth. Ignoring the real world and trying to lull us into the movement against what made this country great, despite all its faults. Now these ill informed and touchy -feely individuals ignore reality and like lemmings follow each other over the cliff while taking us with them.
Your new “democratic” party. Sorry left out a word, fill in the blank, socialist, communist or other ists.

Jmac67
Jmac67
5 years ago

This is the state whose governor wants to run for president. God help us.

Kathryn Spreadborough
Kathryn Spreadborough
5 years ago

So what are the pros and cons really? Does Maryland really want to be like Cali? Then let all the trouble that California is having be laid on Maryland! Because we are going to change those sanctuary city laws! And there will be no more sanctuary cities! Especially where the illegals can commit crime’s or kill someone and not pay for that crime in the USA!

Jimm
Jimm
4 years ago

Maryland is also one (actually #2 after Illinois) of the worst states for gun owners to live in. Great to know that the politicians there want to bring in illegals while removing the means for residents to protect themselves. And speaking as a former Illini (I hate the term Illinoisan), it isn’t the fault of the residents of 100 counties in Illinois as to gun laws, a single county, Crook…er, Cook, County has nearly as many votes – notice I don’t say voters, because in Cook County I’ve heard that they count the living and dead – as the rest of the state and when you throw in DuPage County, those two counties can skew the rest of the state to appear to be anti-gun. Many “downstate” (anything south of Chicago) counties have law enforcement/legal representatives who have stated publicly that they will not enforce the restrictions on gun ownership or possession that have come from “up North”.

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