1. What is a State Detainer Request in Maryland?

A State Detainer Request in Maryland is a formal request made by federal immigration authorities to state or local law enforcement agencies to hold an individual who is in custody based on criminal charges, while Immigration and Customs Enforcement (ICE) investigates the individual’s immigration status. The detainer request asks the law enforcement agency to notify ICE before the individual is released from custody so that immigration authorities can take the person into their custody. In Maryland, state law limits cooperation between local law enforcement agencies and ICE, with policies varying by jurisdiction. Some counties in Maryland have adopted policies that limit or prohibit honoring detainer requests from ICE in certain circumstances, in an effort to build trust with immigrant communities and avoid potential violations of individuals’ rights.

2. How does a State Detainer Request differ from an Immigration Detainer Request in Maryland?

In Maryland, a State Detainer Request differs from an Immigration Detainer Request in that a State Detainer Request is typically issued by Maryland law enforcement agencies to detain an individual based on a criminal charge or conviction. These detainers are related to criminal matters and do not necessarily involve immigration violations. On the other hand, an Immigration Detainer Request is issued by federal immigration authorities, such as Immigration and Customs Enforcement (ICE), to request that a state or local law enforcement agency detain an individual who is suspected of violating immigration laws. This distinction is important because State Detainer Requests are based on state criminal law enforcement actions while Immigration Detainer Requests are based on federal immigration enforcement actions.

3. Who has the authority to issue a State Detainer Request in Maryland?

In Maryland, the authority to issue a State Detainer Request lies with the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE). When ICE believes that an individual in local or state custody may be subject to deportation, they can issue a detainer request to notify the local law enforcement agency of their intent to take custody of the individual once their criminal proceedings have concluded. The local law enforcement agency then has the discretion to either honor the detainer request or release the individual.Overall, in Maryland, the State Detainer Request is issued by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE).

4. What criteria must be met for a State Detainer Request to be issued in Maryland?

In Maryland, several criteria must be met for a State Detainer Request to be issued. These criteria include:

1. The individual must be currently incarcerated or detained within a Maryland correctional facility.
2. The individual must have pending criminal charges or a conviction in Maryland.
3. The individual must be subject to an active detainer from another jurisdiction, such as an immigration detainer, which indicates that the individual is wanted for another offense or proceeding in that jurisdiction.
4. The detaining agency must receive a formal request from the issuing jurisdiction to hold the individual for a specified period to allow for transfer or resolution of the pending matter.

Meeting these criteria is essential for the proper issuance of a State Detainer Request in Maryland.

5. Are there any limitations on the duration of a State Detainer Request in Maryland?

Yes, there are limitations on the duration of a State Detainer Request in Maryland. According to Maryland law, a detainer request issued by another state or federal jurisdiction must be lifted if the individual subject to the detainer has not been taken into custody within 30 days of their scheduled release date from Maryland correctional facilities. This means that if the detaining agency does not pick up the individual within this timeframe, the detainer request becomes void, and the individual must be released from Maryland custody. This 30-day limit serves to ensure that individuals are not held indefinitely based on detainer requests and allows for a timely resolution of their legal status.

6. How are individuals notified of a State Detainer Request in Maryland?

In Maryland, individuals who are subject to a State Detainer Request are typically notified in writing by the Maryland Department of Public Safety and Correctional Services (DPSCS). This notification is usually provided to the individual while they are in custody at a correctional facility. The State Detainer Request will outline the legal basis for the detainer, the reason why the individual is being held, and the process for addressing the detainer. Additionally, individuals may also be notified of the detainer through their legal counsel or through other official channels. It is important for individuals to carefully review the notification and seek legal advice to understand their rights and options for addressing the detainer.

7. Can individuals challenge a State Detainer Request in Maryland?

Yes, individuals in Maryland can challenge a State Detainer Request. There are specific legal processes available for individuals to challenge the issuance of a detainer. One common method is through filing a motion to challenge the detainer in court, where individuals can argue that the detainer was issued improperly or lacks legal basis. Additionally, individuals can seek legal representation to assist them in challenging the detainer and navigating the complex legal procedures involved. It is essential for individuals facing a State Detainer Request in Maryland to understand their rights and options for challenging the detainer to protect their interests and legal status.

8. What happens if a State Detainer Request is not honored in Maryland?

If a State Detainer Request is not honored in Maryland, several consequences may follow:

1. Legal repercussions: State laws in Maryland require law enforcement agencies to comply with detainer requests issued by federal immigration authorities. Failure to honor such requests could result in legal consequences for the agency or individuals involved.

2. Possible loss of federal funding: Non-compliance with federal detainer requests may lead to the withholding of federal funds for law enforcement programs in the state.

3. Public outcry: Not honoring detainer requests could lead to public backlash and criticism from individuals or groups who support stricter enforcement of immigration laws.

4. Increased risk of harm: Failure to honor detainer requests could potentially result in the release of individuals with a history of criminal behavior or immigration violations back into the community, posing a potential risk to public safety.

Overall, not honoring a State Detainer Request in Maryland could have significant implications for both law enforcement agencies and the community at large.

9. Are there any data reporting requirements for State Detainer Requests in Maryland?

Yes, there are data reporting requirements for State Detainer Requests in Maryland. These requirements are outlined in the Law Enforcement Trust and Transparency Act (LETT Act) that was signed into law in 2019. Under this act, law enforcement agencies in Maryland are required to report data on interactions with federal immigration authorities, including information on any State Detainer Requests received or honored. This data must be reported on an annual basis and include details such as the number of detainer requests received, the number of requests that were honored, and any demographic information related to individuals affected by these requests. The LETT Act aims to increase transparency and accountability in the relationship between state and federal immigration enforcement agencies.

10. How does Maryland’s State Detainer Request policy interact with federal immigration enforcement efforts?

Maryland’s State Detainer Request policy plays a significant role in shaping the interaction with federal immigration enforcement efforts. The state has enacted laws that limit cooperation between local law enforcement agencies and federal immigration authorities. Specifically, Maryland restricts the use of state and local resources to enforce federal immigration laws, limiting the extent to which the state can assist in fulfilling detainer requests from Immigration and Customs Enforcement (ICE). This means that individuals in Maryland who are subject to an ICE detainer request may not be handed over to federal authorities for immigration enforcement purposes unless certain criteria are met.

1. Maryland’s policy prioritizes public safety over immigration enforcement by requiring that individuals must have been convicted of a crime listed in the state’s Trust Act before local law enforcement will honor an ICE detainer request.
2. The state also prohibits the use of 287(g) agreements, which authorize local law enforcement agencies to act as immigration agents, further limiting the collaboration between state and federal authorities on immigration enforcement efforts.

Overall, Maryland’s State Detainer Request policy creates clear guidelines for how state and local law enforcement should handle detainer requests from federal immigration authorities, establishing a level of independence from federal immigration enforcement efforts.

11. Are there any specific guidelines for law enforcement agencies regarding State Detainer Requests in Maryland?

Yes, in Maryland, there are specific guidelines for law enforcement agencies to follow regarding State Detainer Requests. These guidelines are outlined in the Maryland Law Enforcement Manual, which provides detailed procedures for handling such requests.

1. Law enforcement agencies in Maryland are instructed to carefully review each detainer request received from another state to ensure that it complies with the legal requirements and due process protections.
2. The manual also specifies the procedures for notifying the individual subject to the detainer request of their rights, including the right to legal counsel and the right to challenge the detainer.
3. Additionally, law enforcement agencies are required to coordinate with the appropriate authorities within Maryland, such as the Department of Public Safety and Correctional Services, when processing and responding to State Detainer Requests.
4. Compliance with these guidelines is crucial to ensure that the rights of individuals subject to detainer requests are protected and that law enforcement agencies act in accordance with the law.

12. How are State Detainer Requests processed and executed in Maryland?

In Maryland, State Detainer Requests are processed and executed following specific procedures outlined by the Maryland Department of Public Safety and Correctional Services (DPSCS). When a state agency or law enforcement agency issues a detainer request, it is typically sent to the correctional facility where the individual is detained. The correctional facility then verifies the detainer request with the issuing agency to confirm its validity.

Once the detainer request is verified, the correctional facility will typically hold the individual in custody for a specified period of time, usually 48 to 72 hours, to allow for transfer to the custody of the requesting agency. During this time, the individual may be interviewed by representatives of the requesting agency to determine the next steps in the transfer process.

It is important to note that the processing and execution of State Detainer Requests in Maryland must comply with state and federal laws, including the Fourth Amendment protection against unreasonable searches and seizures. Additionally, individuals subject to detainer requests have the right to legal representation and due process throughout the process.

Overall, the handling of State Detainer Requests in Maryland involves careful coordination between correctional facilities, law enforcement agencies, and legal representatives to ensure that individuals’ rights are protected while facilitating the transfer of custody in accordance with the law.

13. Are there any resources available to assist individuals subject to State Detainer Requests in Maryland?

Yes, there are resources available to assist individuals subject to State Detainer Requests in Maryland. Some of these resources include:

1. Maryland Office of the Public Defender: The Office of the Public Defender in Maryland provides legal representation to individuals who cannot afford to hire their own attorney. They may be able to offer legal assistance to individuals facing State Detainer Requests.

2. Immigrant Legal Defense organizations: There are several non-profit organizations in Maryland that provide legal services to immigrants, including those facing immigration detainers. These organizations may be able to provide representation, resources, and support to individuals in this situation.

3. Maryland Legal Aid: Maryland Legal Aid provides free legal services to low-income individuals in civil cases, including immigration matters. They may be able to offer guidance and representation to individuals facing State Detainer Requests.

4. Community organizations: There are various community organizations in Maryland that work to support immigrants and individuals facing immigration enforcement actions. These organizations may offer resources, information, and support to individuals subject to State Detainer Requests.

It is important for individuals facing State Detainer Requests in Maryland to seek guidance and support from these resources to understand their rights, options, and potential avenues for legal assistance.

14. What rights do individuals have when subject to a State Detainer Request in Maryland?

Individuals subject to a State Detainer Request in Maryland have specific rights that are important to understand and uphold. Some of these key rights include:

1. The right to be informed of the detainer request: Individuals must be notified promptly if a State Detainer Request has been issued against them. This notification should include the reason for the detainer and any relevant details about the issuing authority.

2. The right to legal representation: Individuals have the right to seek legal counsel to help them understand their rights and options in response to the detainer request. Legal representation is crucial in navigating the complexities of the process and advocating for the individual’s rights.

3. The right to challenge the detainer: Individuals have the right to challenge the validity of the detainer request, especially if there are legal or factual errors in the documentation. This may involve filing a motion to quash the detainer or challenging its legality in court.

4. The right to a hearing: Individuals have the right to a hearing before a judge to determine the legality of the detainer request and whether they should be detained. This provides an opportunity for the individual to present their case and contest the detainer if necessary.

5. The right to be treated humanely: Individuals subject to a State Detainer Request are entitled to be treated with dignity and respect throughout the process. They should not be subjected to any form of mistreatment or discrimination based on their immigration status.

Overall, understanding and asserting these rights is crucial for individuals facing a State Detainer Request in Maryland to ensure their fair treatment and protection under the law.

15. How do State Detainer Requests impact local communities in Maryland?

State Detainer Requests in Maryland have a significant impact on local communities by affecting various aspects of social, economic, and legal realms.

1. Increased fear and mistrust: Undocumented individuals may experience heightened fear of interacting with law enforcement or engaging with public services due to the risk of being detained and deported.

2. Disruption of families: Detainer requests can result in the separation of families, affecting the well-being and stability of households in local communities.

3. Economic implications: The implementation of detainer requests can lead to a decrease in workforce participation among undocumented individuals, affecting local industries such as agriculture and construction.

4. Legal challenges: The enforcement of detainer requests may strain local law enforcement resources and create legal uncertainties regarding the jurisdiction’s responsibilities in immigration enforcement.

5. Community cohesion and safety: The presence of detainer requests can create divisions within communities, impeding efforts to build trust between law enforcement agencies and residents.

Overall, State Detainer Requests in Maryland play a crucial role in shaping the social fabric and functioning of local communities, posing complex challenges that require careful consideration and policy deliberation.

16. Are there any recent updates or changes to Maryland’s State Detainer Request policies?

As of November 2021, there have been recent updates to Maryland’s State Detainer Request policies. One notable change is the passage of the Maryland TRUST Act in 2019, which limits the extent to which state and local law enforcement agencies can cooperate with federal immigration authorities. This includes restrictions on honoring certain detainer requests from Immigration and Customs Enforcement (ICE). Additionally, several county governments in Maryland have enacted their own policies regarding detainer requests, with some opting to limit cooperation with ICE to varying degrees. It is essential to stay informed about current state and local policies in Maryland regarding detainer requests, as they can have significant implications for immigrant communities and law enforcement practices.

17. How do State Detainer Requests affect the relationship between local law enforcement and immigrant communities in Maryland?

State Detainer Requests in the context of Maryland have a significant impact on the relationship between local law enforcement and immigrant communities. When state or federal authorities issue a detainer request to hold an individual suspected of immigration violations, it can erode trust between law enforcement and immigrant communities. This is because immigrant communities may fear collaboration between local authorities and immigration enforcement agencies, leading to hesitancy in reporting crimes, cooperating with law enforcement, or seeking assistance when needed. Such fear can undermine public safety efforts and create barriers to effective community policing. Additionally, the perception of local law enforcement agencies as immigration agents can lead to increased anxiety and alienation among immigrant populations, further straining the relationship between these communities and law enforcement in Maryland.

18. What factors are considered when deciding whether to honor a State Detainer Request in Maryland?

In Maryland, several factors are considered when deciding whether to honor a State Detainer Request. These factors typically include:

1. Legal obligations: Authorities will review the detainer request to ensure that it complies with federal and state laws and regulations.

2. Public safety concerns: The potential risk that the individual poses to public safety will be assessed to determine the necessity of honoring the detainer request.

3. Available resources: State agencies may consider their capacity to detain the individual in question and process the detainer request within their existing resources.

4. Cooperation with federal authorities: Maryland may consider the importance of maintaining a cooperative relationship with federal immigration enforcement agencies when evaluating detainer requests.

5. Individual circumstances: Factors such as the individual’s criminal history, immigration status, and ties to the community may also be taken into account when deciding whether to honor a State Detainer Request in Maryland.

19. Are there any advocacy efforts or organizations working to improve State Detainer Request policies in Maryland?

Yes, there are advocacy efforts and organizations working to improve State Detainer Request policies in Maryland. One prominent organization is the Maryland Justice Project, which seeks to advocate for comprehensive reform of the state’s criminal justice system, including pushing for more transparent and fair detainer request policies. Additionally, the Maryland ACLU (American Civil Liberties Union) is actively engaged in advocating for the rights of immigrants and against the use of detainer requests that can lead to unjust deportations. These organizations work through various means such as policy advocacy, litigation, community organizing, and public education to raise awareness and push for reforms that protect the rights of individuals affected by state detainer requests in Maryland.

20. How do Maryland’s State Detainer Request policies align with or differ from policies in other states?

Maryland’s State Detainer Request policies align with the policies in some other states, but also differ in certain key aspects. One similarity is that Maryland, like many states, allows for the issuance of detainer requests by Immigration and Customs Enforcement (ICE) to notify local law enforcement agencies of individuals who are potentially removable from the country. Additionally, Maryland, like other states, requires compliance with federal law regarding detainers and notification of ICE when an individual is set to be released from custody.

However, one key difference is that Maryland has enacted legislation, known as the Trust Act, which limits the extent to which state and local law enforcement agencies can cooperate with federal immigration authorities. This contrasts with states like Texas and Florida, which have passed legislation requiring compliance with ICE detainers. This Trust Act in Maryland aims to limit cooperation with federal immigration enforcement efforts and prioritize maintaining trust between immigrant communities and local law enforcement. Overall, while there are similarities in the basic framework of detainer request policies across states, the specific provisions and level of cooperation with federal immigration authorities can vary significantly.