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Several jurisdictions do not honor ICE detainers, meaning federal immigration officials don’t know if a suspect they have on a list to be detained is released from custody.

The arrest of Rachel Morin’s alleged killer, Victor Martinez Hernandez, an immigrant from El Salvador believed to be in the U.S. unlawfully, has brought the patchwork of policies to light.

“Why would you want to open the door and let someone back out to your community when you have a federal law enforcement agency telling you this person poses a public safety threat or national security threat. To me, 40 years doing this, that’s insane,” said Harford County Sheriff Jeff Gahler.

In Howard County and Prince George’s County, sanctuary policies prohibit any local cooperation with ICE agents no matter the crime committed.

Several counties on the Eastern Shore also don’t comply.

Baltimore County did not honor ICE detainers previously, but recently reached a compromise to provide notice before releasing someone with a detainer.

Carroll County, Baltimore City, and Harford County comply. Harford participates with ICE through the 287(g) partnership, which authorizes ICE to delegate state and local law enforcement officers the authority to perform specified immigration officer functions.

In 2018, Anne Arundel County Executive Steuart Pittman announced they were terminating the program, but at the time Pittman said the county would not interfere with ICE operations.

In 2020, Maryland lawmakers considered a bill prohibiting any of the state’s local law enforcement agencies from entering into agreements with federal immigration enforcement. Competing bills from Republicans pushed to require cooperation with ICE from all state and local correctional facilities.

None of the bills passed.

Now it appears the issue could make it to Annapolis again next session.

The Joint Republican Caucus sent a letter calling on Gov. Wes Moore to implement statewide policies and urging Democrats in the General Assembly to repeal certain immigration-related policies on the books.

“Harford County in our state where this brutal murder happened is 1,800 miles away from the border so when people think this is impacting only a few states this is impacting every single one of us. This inaction that we continue to see any form of sensible immigration policy done is impacting all of us,” said Moore.

While he’s calling out failed immigration policies, he has yet to say what action, if any, he’ll take.

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