Access to Justice is a Pillar of the Rule of Law
The rule of law depends entirely on the ability of the people to access the legal system without fear or prejudice. It requires equal access to justice for everyone to seek help when needed, regardless of immigration status. When individuals opt out of the legal system because they view law enforcement as a threat, rather than a means of help, it erodes the very foundation of our democracy and the promise of equal justice under the law.
Currently, multiple Maryland jurisdictions participate in federal 287(g) agreements, which deputize local law enforcement or correctional officers to perform federal immigration duties. While proponents argue these programs enhance public safety, the data tells a different story, one of racial profiling, compromised public trust, and a significant “chilling effect” on the justice system. HB444 seeks to terminate these partnerships to ensure that Maryland’s legal system remains focused on its primary mission: serving and protecting the public.
The Harms of 287(g) to the Rule of Law and Access to Justice
The operation of 287(g) in Maryland has demonstrably harmed the integrity of our legal system and the safety of our communities.
- The Chilling Effect and Public Safety: 287(g) agreements dissolve the distinction between local police and federal deportation agents, causing immigrant residents to fear any contact with law enforcement. Data indicates that 287(g) jurisdictions experience a “chilling effect” where residents are 43% less likely to report being the victim of a crime. This results in witnesses avoiding testimony and victims failing to seek protection, which compromises public safety for all Marylanders.
- Exploitation of Vulnerable Victims: The entanglement of local police with ICE is weaponized by abusers in domestic violence cases. Abusers frequently use the threat of deportation to silence victims, knowing that if the police are called, the victim may be the one detained under 287(g) protocols. Reports indicate hundreds of domestic violence cases have gone unfiled in Maryland due to fears of ICE presence at courthouses.
- Racial Profiling and Pretextual Stops: The 287(g) program incentivizes racial profiling, encouraging officers to conduct pretextual stops for minor infractions to screen for immigration status. In Frederick County, 60% of 287(g) arrests involved minor traffic violations, and data suggests Hispanic drivers were arrested at rates higher than expected without the program. Furthermore, 95% of people detained under 287(g) are from Latin America or the Caribbean, indicating a system that targets people based on appearance rather than criminal threat.
The Necessity of Distancing Maryland from 287(g)
Distancing Maryland from 287(g) agreements is necessary to protect state sovereignty, taxpayer resources, and constitutional rights.
- Liability and State Sovereignty: Maryland Attorney General Anthony Brown has issued guidance clarifying that Maryland officers are bound by state standards regarding use of force and civil rights, which 287(g) operations often violate. Continued participation exposes local governments to significant liability for unconstitutional detentions.
- Misallocation of Resources: Local jurisdictions bear the financial burden of these federal enforcement activities, including salaries and legal defense costs. These resources should be dedicated to local public safety priorities rather than a federal deportation agenda that has failed to reduce violent crime.
A2JC supports ending 287(g) Agreements because they help uphold the rule of law and access to justice.