Montgomery County Council President Natali Fani-González has criticized the Montgomery County Sheriff’s Office after it acknowledged improperly transferring a detainee to U.S. Immigration and Customs Enforcement (ICE) custody in violation of the Maryland Community Trust Act.
In a statement released Saturday, Fani-González said she was “extremely frustrated” by reports that Sheriff Maxwell Uy failed to ensure that law enforcement policies and practices within the Sheriff’s Office complied with the state law. “As an immigrant who has faced the threat of deportation, I know firsthand the fear many families live with,” Fani-González said. “Before the state act took effect, I spearheaded with my Council colleagues the Montgomery County Trust Act to prohibit the use of County resources in federal civil immigration enforcement. We expect our law enforcement officials and County employees to follow the law and protect the civil rights of all our residents.”
The Sheriff’s Office confirmed that on June 18, personnel released a detainee to ICE after receiving a federal detainer request indicating the individual posed a risk to national security and public safety. However, following an internal review, the agency determined the transfer did not meet the exceptions outlined in the Maryland Community Trust Act and was therefore improper.
In a statement, Sheriff Uy said the office has implemented measures to ensure a similar incident does not happen again and remains committed to complying with the Community Trust Act. He emphasized that the Sheriff’s Office does not engage in immigration enforcement, does not inquire about immigration status and has not joined legal challenges to the law filed by sheriffs in other Maryland jurisdictions.
According to WUSA9, the detainee was transferred before the Sheriff’s Office completed its review of whether the case met the legal requirements for cooperation with federal immigration authorities. The issue reportedly came to light when a public defender arrived to meet with the detainee and learned the individual had already been transferred. WUSA9 also reported that guidance from the Maryland Attorney General’s Office regarding implementation of the law was issued later that same day.
The Maryland Community Trust Act restricts how local correctional agencies cooperate with federal immigration enforcement, including limits on transferring individuals to ICE custody unless specific legal conditions are met. Earlier this year, Montgomery County enacted its own Trust Act, further limiting the use of local resources for civil immigration enforcement.
