The Maryland Senate and House of Delegates both voted Tuesday to ban local cooperation agreements with Immigration and Customs Enforcement in response to the Trump administration’s combative deportation efforts across the country.

The bills would prohibit local governments and police departments from partnering with ICE through a program known as 287(g). Existing 287(g) agreements in Maryland allow correctional officers at local jails to ask for the immigration status of people who have been arrested, and to hold noncitizens for up to 48 hours to give ICE a chance to pick them up.

Eight counties in Maryland have 287(g) programs, and Wicomico County recently announced it would also partner with ICE.

Senate Democrats said the bill shows that Maryland will not work with ICE as it uses increasingly violent and invasive tactics.

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“The message we’re sending to Marylanders is that we are no longer going to formally cooperate with an agency that has engaged, consistently and persistently, in civil rights and constitutional violations,” said Senate Judicial Proceedings Committee Chair Will Smith, a Montgomery County Democrat.

Senate Judicial Proceedings Committee Chair Will Smith, a Montgomery County Democrat, on Tuesday. (Jessica Gallagher/The Banner)

The bill passed in the Senate, 32-12. Republicans argued that cooperating with ICE in jails would minimize the chances of agents being deployed in communities to detain people suspected of immigration violations.

“If you want more ICE operations active in Maryland, then you should vote for this bill,” said Senate Minority Whip Justin Ready, a Republican representing parts of Carroll and Frederick counties. “If you don’t want more active, visible, intense ICE operations, you should vote against this bill. That’s not a threat. They have to do their job.”

In the House of Delegates, the bill passed, 99-40.

Del. David Moon, the House majority leader, said officials with 287(g) programs acknowledged that they have no say where detainees picked up in their jails by ICE could be taken, including to other countries.

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“I don’t know how in good conscience we could allow a program like that to operate,” said Moon, a Montgomery County Democrat.

Immigrant advocacy groups say the program destroys trust in local police and makes undocumented residents afraid to call for help in an emergency.

Similar legislation failed at the last minute last year, when the state Senate instead advanced a watered-down bill that restricted ICE’s access to “sensitive locations,” like nonpublic areas of schools and libraries, without a warrant.

Del. Jesse Pippy, the House minority whip, speaks on the House floor about an immigration bill on Tuesday. (Jessica Gallagher/The Banner)

The Senate also passed a bill Tuesday morning prohibiting law enforcement officers from wearing face coverings, a feature of the militarized immigration enforcement promoted by the Trump administration. The ban applies to all law enforcement operating in the state, but is targeted at ICE — though the Maryland Attorney General’s Office has said it believes enforcing a ban against federal officers would be “difficult and likely unconstitutional.”

The mask ban would make it a civil offense, carrying a fine of $1,500, for a law enforcement officer to wear a face covering except under certain circumstances, like cold weather. If it passes, the law is expected to face a swift legal challenge over whether states can regulate the actions of federal officers.

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California lawmakers passed a similar ban last year, and the Trump administration has sued to block it.

The 287(g) bill is emergency legislation that could take effect immediately if Gov. Wes Moore signs it. Moore has been critical of ICE, particularly following the shooting death of Alex Pretti in Minneapolis, but hasn’t said whether he will sign the bills.

Banner reporter Pamela Wood contributed to this story.