The Maryland Senate gave preliminary approval Thursday to two bills aimed at reining in immigration enforcement, by prohibiting cooperation agreements between local police and federal immigration agencies and by banning face coverings on officers while they are on duty.
Democrats managed to beat back a number of Republican amendments to both bills on largely party-line votes over about three hours of debate. The only amendment approved Thursday was a Democratic proposal to make the bill prohibiting local-federal agreements an emergency measure that would take effect as soon as it was signed into law.
That amendment would make the Senate bill on so-called 287(g) agreements identical to a House version of the legislation sponsored by Del. Nicole Williams (D-Prince George’s), which is expected to come up for debate in the House on Friday.
The bills are speeding through the two chambers at a time of heightened scrutiny of the Trump administration’s aggressive immigration enforcement policy, that led to fatal shootings by federal agents in Minneapolis this month of two U.S. citizens – Renee Good and Alex Pretti, both 37.
“I know there’s lots of disagreement on this,” said Senate President Bill Ferguson (D-Baltimore City), explaining his vote for the emergency legislation amendment. “I deeply appreciate the debate here and the thoughtful consideration, but we are in a really important moment. So, I appreciate this truly being an emergency that we figure out how to move forward.”
He said both measures could come up for a final vote Tuesday. The emergency designation amendment passed 33-13, with all 13 GOP senators voting against it.
Republicans said the 287(g) agreements in Maryland bear little resemblance to the video of violent confrontations in Minnesota. Maryland agreements are strictly jail-based programs, they said, that allow county jails to hold an individual in their custody for another 48 hours for pick up by U.S. Immigration and Customs Enforcement, if it is determined the person is in the country illegally.
Republicans also said Senate Bill 245 infringes on local governments. Senate Minority Leader Stephen S. Hershey Jr. (R-Upper Shore) offered an amendment that would let county leaders decide whether to enter into or terminate an 287(g) agreement.
“I think this is important because we’ve seen the counties have already found a way to handle this issue,” Hershey said. “What’s important is that the counties should be able to decide. They are the ones that are in charge of our public safety. They made those decisions. They are elected bodies.”
But Sen. William C. Smith Jr. (D-Montgomery) said 287(g) agreements make communities “less safe” and that Hershey’s amendment “fundamentally undermines the bill.”
The amendment was rejected 32-14, with Sen. Mary-Dulany James (D-Harford) joining the 13 Republicans in opposition.
Senators also rejected an amendment from Minority Whip Justin Ready (R-Frederick and Carroll) that would have mandated the state adopt E-Verify, a federal database that lets employers determine whether workers are legally able to work in the country. What Ready called a “pro-labor” amendment was rejected 31-13, on a straight party-line vote.
‘They’re petrified’
The 70 minutes of debate on 287(g) agreements followed about an hour and 40 minutes of debate on Senate Bill 1 – sponsored by Sen. Malcolm Augustine (D-Prince George’s) – that would prohibit face coverings on law enforcement officials in the state, including ICE agents who are typically masked. Williams is also sponsor of the House version of the mask bill, which is scheduled for a hearing before the Judiciary Committee on Feb. 24.
The bill would impose a civil penalty on officers who wear balaclavas, ski masks, neck gaiters or other face coverings while on duty. Exceptions would be made for officers in an undercover operation, wearing a motorcycle helmet or wearing a covering for religious purposes or health-related matters.
The majority Democratic chamber rejected all six Republican amendments, including one loud “No!” vote on an amendment from Sen. Chris West (R-Baltimore and Carroll) that would have lowered the civil penalty in the bill from $1,500 to $100.
West said there could be conflicts between state officers trying to enforce the law on federal officers doing their duties under federal law, similar to a point he made during Tuesday’s voting session on the bills in the Judicial Proceedings Committee.
“ICE agents are working Americans, just like our police officers [and] $1,500 for a working-class person is a lot of money,” he said. “I’m hoping that the reduction in the penalty will reduce the level of confrontation on the streets.”
West asked Smith, the floor leader for the debate, if SB 1 could face litigation, noting a Trump administration court challenge to a similar face covering proposal in California.
“I’d say that’s a safe assumption,” Smith said.
Senate Majority Leader Nancy King (D-Montgomery) said the masking of ICE agents represents fear for immigrants in her district.
“They’re petrified to even go to the grocery store because on both sides of the door, we have ICE representatives standing there screening people,” King said. “My community is petrified, and when they see somebody coming up to them with a mask on, it makes it even worse. I can’t even imagine what they live with day after day after day, and these are people that are here legally.”