O’Malley wants ICE detainers to abide by the Fourth Amendment
Maryland Governor Martin O’Malley reinforced that just as the state is ready to cooperate with ICE detainers, they need to ensure that Fourth Amendment requirements are satisfied.
In a letter sent on Aug. 27 to Gregg Hershberger, Secretary of Public Safety & Correctional Services, the governor alludes to the questions raised regarding the ability of state and local correction agencies to detain individuals pursuant to U.S. Immigration and Customs Enforcement (ICE) detainer requests in compliance with the Fourth Amendment.
“Responding to a request for advice from the Washington County Sheriff’s Office, the Office of the Attorney General of Maryland has issued an opinion, which concludes that ‘If a local law enforcement officer does not have probable cause to extend custody over the subject of an ICE detainer, the continued detention likely constitutes a violation of the Fourth Amendment,’” O’Malley said
“You should consult legal counsel in the Office of the Attorney General regarding the procedure by which ICE detainers requests are evaluated to determine whether they comply with the Fourth Amendment and my be honored without risk of liability,” stated the governor.
Back in April, Gov. O’Malley annonced a new policy in which Baltimore City Detention Center was to scrutinize federal orders to hold immigrants for deportation instead of automatically granting these requests, according to ThinkProgress.org
O'Malley announced the new policy after The Baltimore Sun reported that 40 percent of immigrants deported from Maryland through Secure Communities had no prior criminal record.
That same month Philadelphia’s Mayor, Michael Nutter, signed an executive order halting the use of warrantless "holds" that allowed ICE agents to check the immigration status of those arrested for a misdemeanor by local police.
States like California and Connecticut, among many others, have approved laws that prohibit police from complying with ICE holds request, except in cases of serious crimes.
“We are very proud of the governor and the fact that he is always making sure that this is about civil rights and that everyone’s rights are protect. Because so many things fall under federal level, his hands are tight to a certain extent, so he has tried to enact policies he can truly control and have a voice over when it comes to the State of Maryland,” said María Martínez, Chair of the Governor’s Commission on Hispanic Affairs.
Martínez believes Gov. O’Malley is one the highest ranking official echoing the sentiment regarding the constitutionality of ICE warrants. The Governor’s Commission on Hispanic Affairs has 21 commissioners serving in the State of Maryland.