Is Montgomery county a sanctuary county?

[Anonymous]

Anonymous wrote:Erlich said it’s not but many policies make it seem that way. I have found an official declaration. Anyone have any background on this?

Why don't you contact CASA in Silver Spring and have this conversation. Should be interesting.

[Anonymous]

https://www3.montgomerycountymd.gov/311/Solutions.aspx?SolutionId=1-6JRVA4

Montgomery County's policy is not to inquire about anyone's immigration status, nor does the County conduct any immigration enforcement or investigations. We believe that this is the right balance for this County.
Montgomery County is not a "sanctuary" jurisdiction. Local police and the Department of Correction and Rehabilitation work cooperatively with ICE in their work on immigration and customs violations and drug and human trafficking. The County's arrest and detention information goes to the State and all State information is accessed by Immigration and Customs Enforcement (ICE) through their Secure Communities initiative.


I think the loophole is their definition of working cooperatively with ice.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:There is no legal definition of a sanctuary county or city.

The former Maryland Attorney General issued a guidance to the entire state, advising that local jurisdictions not honor certain detainers that don't have probable cause that a crime has been committed. The argument is we should not detain people against their 4th amendment rights, and yes, undocumented individuals have that Constitutional right.

But ICE knows about everyone in the system here. As soon as someone is fingerprinted, those prints go to the feds. It's whether ICE can get here in time to take someone into custody as they are released from Montgomery County custody that's a problem.

It's easy to come pick up someone who served 8 months and they all know that person is getting released March 5. It's not so easy for those pending trial with bails. Let's say Joey has a $25,000 bail for a low level theft. There is no way to know whether his mom will bail him out on a particular day, if at all. And once the release procedures begin, the county does not slow them down to wait for ICE. Again, because the county could potentially be held liable for holding someone without probable cause. (Many ICE/immigration detainers are civil).

The bolded is not factually true. It's not that and certain attorney general issued a guidance to not violate people civil right Maryland just does not violate people's constitutional rights.

The rest is correct. Under Obama, he increased the number of ICE so they had a office inside major crimes in Montgomery county and they could easily get to the jail when someone who needed to be deported was arrested. Obama deported more criminals than any other president of our time.

But under Trump ICE cut back on those officers because if he created a problem he could say he was going to solve it.

You said it's not true, but that you added a bunch of information that doesn't contradict it. How do you know it's not true?

What non-Constitutional civil right are you alluding to?

There was no guidance issued, it's always been the law to honor detainers as long as you don't violate somebody's constitutional rights.

[Anonymous]

A week ago, Elrich finally said they'll do better at honoring ICE detainers, after a suspect involved in the shooting of a 2 year old was released:
https://wtop.com/maryland/2024/02/ice-says-it-tried-to-detain-this-man-twice-last-year-hes-now-charged-in-a-maryland-toddlers-killing/

Better late than never I suppose. Elrich isn't up for election this year either -- I would expect it to be tied to that.


Here's more details on the change:
https://www.wusa9.com/article/news/local/maryland/montgomery-county-maryland-working-with-ice/65-cf30445c-efeb-404c-85b3-70674e9befe4

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:There is no legal definition of a sanctuary county or city.

The former Maryland Attorney General issued a guidance to the entire state, advising that local jurisdictions not honor certain detainers that don't have probable cause that a crime has been committed. The argument is we should not detain people against their 4th amendment rights, and yes, undocumented individuals have that Constitutional right.

But ICE knows about everyone in the system here. As soon as someone is fingerprinted, those prints go to the feds. It's whether ICE can get here in time to take someone into custody as they are released from Montgomery County custody that's a problem.

It's easy to come pick up someone who served 8 months and they all know that person is getting released March 5. It's not so easy for those pending trial with bails. Let's say Joey has a $25,000 bail for a low level theft. There is no way to know whether his mom will bail him out on a particular day, if at all. And once the release procedures begin, the county does not slow them down to wait for ICE. Again, because the county could potentially be held liable for holding someone without probable cause. (Many ICE/immigration detainers are civil).

The bolded is not factually true. It's not that and certain attorney general issued a guidance to not violate people civil right Maryland just does not violate people's constitutional rights.

The rest is correct. Under Obama, he increased the number of ICE so they had a office inside major crimes in Montgomery county and they could easily get to the jail when someone who needed to be deported was arrested. Obama deported more criminals than any other president of our time.

But under Trump ICE cut back on those officers because if he created a problem he could say he was going to solve it.

The guidance: https://www.marylandattorneygeneral.gov/Reports/Immigration_Law_Guidance.pdf

Thanks for sharing. I stand corrected, they submitted a guidance to remind cops they are not immigration agent and if they act as so they are in violation of the constitution.

It's like a guidance to Montgomery county police that they can't act as cops in PG county or Frederic County, it's out of jurisdiction.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:There is no legal definition of a sanctuary county or city.

The former Maryland Attorney General issued a guidance to the entire state, advising that local jurisdictions not honor certain detainers that don't have probable cause that a crime has been committed. The argument is we should not detain people against their 4th amendment rights, and yes, undocumented individuals have that Constitutional right.

But ICE knows about everyone in the system here. As soon as someone is fingerprinted, those prints go to the feds. It's whether ICE can get here in time to take someone into custody as they are released from Montgomery County custody that's a problem.

It's easy to come pick up someone who served 8 months and they all know that person is getting released March 5. It's not so easy for those pending trial with bails. Let's say Joey has a $25,000 bail for a low level theft. There is no way to know whether his mom will bail him out on a particular day, if at all. And once the release procedures begin, the county does not slow them down to wait for ICE. Again, because the county could potentially be held liable for holding someone without probable cause. (Many ICE/immigration detainers are civil).

The bolded is not factually true. It's not that and certain attorney general issued a guidance to not violate people civil right Maryland just does not violate people's constitutional rights.

The rest is correct. Under Obama, he increased the number of ICE so they had a office inside major crimes in Montgomery county and they could easily get to the jail when someone who needed to be deported was arrested. Obama deported more criminals than any other president of our time.

But under Trump ICE cut back on those officers because if he created a problem he could say he was going to solve it.

You said it's not true, but that you added a bunch of information that doesn't contradict it. How do you know it's not true?

What non-Constitutional civil right are you alluding to?

There was no guidance issued, it's always been the law to honor detainers as long as you don't violate somebody's constitutional rights.

Thanks. In the article, it stated— Since October of 2023, ICE has issued 119 detainers on individuals in Montgomery County custody, according to an agency spokesman.

How many of those detainees were actually received by ICE? Do we know?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:There is no legal definition of a sanctuary county or city.

The former Maryland Attorney General issued a guidance to the entire state, advising that local jurisdictions not honor certain detainers that don't have probable cause that a crime has been committed. The argument is we should not detain people against their 4th amendment rights, and yes, undocumented individuals have that Constitutional right.

But ICE knows about everyone in the system here. As soon as someone is fingerprinted, those prints go to the feds. It's whether ICE can get here in time to take someone into custody as they are released from Montgomery County custody that's a problem.

It's easy to come pick up someone who served 8 months and they all know that person is getting released March 5. It's not so easy for those pending trial with bails. Let's say Joey has a $25,000 bail for a low level theft. There is no way to know whether his mom will bail him out on a particular day, if at all. And once the release procedures begin, the county does not slow them down to wait for ICE. Again, because the county could potentially be held liable for holding someone without probable cause. (Many ICE/immigration detainers are civil).

The bolded is not factually true. It's not that and certain attorney general issued a guidance to not violate people civil right Maryland just does not violate people's constitutional rights.

The rest is correct. Under Obama, he increased the number of ICE so they had a office inside major crimes in Montgomery county and they could easily get to the jail when someone who needed to be deported was arrested. Obama deported more criminals than any other president of our time.

But under Trump ICE cut back on those officers because if he created a problem he could say he was going to solve it.

You said it's not true, but that you added a bunch of information that doesn't contradict it. How do you know it's not true?

What non-Constitutional civil right are you alluding to?

There was no guidance issued, it's always been the law to honor detainers as long as you don't violate somebody's constitutional rights.

Thanks. In the article, it stated— Since October of 2023, ICE has issued 119 detainers on individuals in Montgomery County custody, according to an agency spokesman.

How many of those detainees were actually received by ICE? Do we know?

The issue is not that Montgomery County does not honor the detainer, the problem is there are not enough ICE agents to arrive when Montgomery County releases them from jail and it is against the law to hold them. Essentially, ICE says they will be there and they don't show up or they get there too late.

[Anonymous]

Anonymous wrote:

Anonymous wrote:When moco Police interact with someone they don’t ask for proof of legal status. If that’s what you mean then yes it is.

They don't even ask. And haven't for almost 20 years.

They should not because they are not federal agents.

[Anonymous]

Anonymous wrote:I hope it is. Every place should be.

opinion..

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:When moco Police interact with someone they don’t ask for proof of legal status. If that’s what you mean then yes it is.

They don't even ask. And haven't for almost 20 years.

They should not because they are not federal agents.

Never said they should. It's good policing not to ask. It helps them get immigrant help to solve crimes. Just saying they haven't done it for 20 years because people are acting like Elrich is doing all this. As much as I loathe the man, police are doing best practice policing. Period.