Maryland Responds to Rescission of Federal Memo on Immigration Enforcement Near Sensitive Locations

In a move that has raised serious concerns among immigrant rights advocates, a new executive order issued by the White House on January 20, 2025, rescinded the 2021 guidelines that limited Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) actions near sensitive locations. These guidelines, which were revised during the Biden administration, prohibited enforcement actions in places such as schools, places of worship, courthouses, and healthcare facilities, recognizing the chilling effect such actions have on immigrant access to justice, safety, and essential services.
The rescission of these protections, coupled with new directives from the Department of Homeland Security (DHS) aimed at expanding enforcement authority, has sparked significant alarm in Maryland, where advocates fear that the rollback will discourage immigrants from accessing critical services and engaging with the legal system.
Protecting Immigrant Access to Justice
The 2021 guidelines, detailed in a memorandum issued by then-Secretary of Homeland Security Alejandro Mayorkas, emphasized the importance of safeguarding public trust and ensuring that immigrants could seek medical care, attend court hearings, or access other vital services without fear of arrest or deportation. By targeting protected areas, the guidelines sought to prevent the erosion of trust between immigrant communities and public institutions.
Without the federal government guidance, ICE now has free reign to arrest people in schools, hospitals and courthouses, among other places, which will instill fear among all immigrants and erode trust and services.
ICE Arrests in Courthouses
A separate 2021 memo, entitled Civil Immigration Enforcement Actions in or near Courthouses, one area that received additional guidance was ICE arrests in courthouses, provided additional guidance related to ICE activity in and around courthouses.
As a core principle, it stated the following:
The courthouse is a place where the law is interpreted, applied, and justice is to be done. As law enforcement officers and public servants, we have a special responsibility to ensure that access to the courthouse – and therefore access to justice, safety for crime victims, and equal protection under the law – is preserved. Executing civil immigration enforcement actions in or near a courthouse may chill individuals’ access to courthouses and, as a result, impair the fair administration of justice. At the same time, there may be legitimate need to execute a civil immigration enforcement action in or near a courthouse. This memorandum is designed to address these interests, which can sometimes be in tension with one another. It provides guidance as to when and how civil immigration enforcement actions can be executed in or near a courthouse so as not to unnecessarily impinge upon the core principle of preserving access to justice. . The issue of ICE arrests in state courts is an access to justice issue. In 2019, a detailed report by the Maryland Access to Justice Commission (A2JC) highlighted the chilling effects of ICE enforcement actions in courthouses. Between January 2017 and October 2018 alone, over 70 ICE arrests were reported in or near Maryland courts, with actual numbers likely much higher. These arrests occurred in courtrooms, hallways, and parking lots, often in public view, undermining the perception of courts as places of safety and justice.
A2JC’s findings showed that the fear of encountering ICE at courthouses caused individuals to forgo pursuing legal remedies in a wide range of cases. Notably, hundreds of domestic violence and family law cases went unfiled because individuals feared deportation. For instance, 472 instances were reported where survivors of domestic violence or sexual assault did not seek protection orders due to ICE activity near courts. This erosion of trust in the justice system has wide-ranging consequences, not just for immigrants but for public safety and community well-being.
The report also found that ICE enforcement actions in courthouses created additional challenges for the administration of justice. Witnesses avoided testifying, opposing attorneys threatened to call ICE as a tactic, and detained individuals missed court appearances, resulting in bench warrants. These practices erode the very foundation of a fair and accessible legal system.
Legislative Action in Maryland
In response to these alarming developments, Maryland lawmakers and advocates moved swiftly to introduce HB1006, an emergency bill aimed at ensuring continued protections for immigrants in sensitive locations.
HB1006 states that “the Attorney General, in consultation with appropriate stakeholders, shall develop guidelines for entities operating at sensitive locations that limit immigration enforcement at sensitive locations to the fullest extent possible consistent with federal and state law.” Sensitive locations include schools, medical and mental health facilities, places of worship or religious study, places where children gather, social services establishments, places providing disaster or emergency relief, courthouses, places where there is an ongoing demonstration, rally, or parade, and any other location deemed appropriate by the Attorney General.
This legislative initiative aligns with Maryland’s longstanding commitment to justice and equity. By formalizing protections for sensitive locations, the bill aims to restore trust in public institutions and ensure that individuals feel safe accessing critical services without fear of arrest or deportation.
Renewed Advocacy for Justice
Advocates, including the Maryland Access to Justice Commission, stress that this federal rollback threatens not only immigrants but also the integrity of the entire justice system. Without protections in place, people may avoid seeking necessary legal remedies, leading to unresolved disputes and compromised public safety.
As A2JC’s 2019 report makes clear, maintaining sensitive location protections is essential to the equitable administration of justice. The proposed Maryland legislation serves as a critical countermeasure to the harmful effects of the rescinded federal guidelines, reinforcing the state’s commitment to ensuring that all residents have access to the legal system.
Moving Forward
As the proposed bill progresses through the Maryland General Assembly, the legal community and advocates are rallying support to safeguard these critical protections. Maryland has a unique opportunity to stand as a leader in access to justice, ensuring that its courts remain places of safety and trust for all residents.
We will provide updates on the legislation as new developments emerge. Together, we can ensure that Maryland protects the integrity of the justice system and access to justice for all.