Posted on 02/19/26
| News Source: FOX45
Baltimore, MD - Feb. 19, 2026 - Maryland sheriffs who previously participated in the federal 287(g) program say they plan to keep working with U.S. Immigration and Customs Enforcement (ICE) in other ways, even after the governor signed a ban on formal 287(g) agreements.
Although the new law eliminates formal memorandums of understanding (MOU) with ICE, it does not end all cooperation with the agency.
Carroll County Sheriff Jim DeWees said, “So I created a policy.”
Harford County Sheriff Jeff Gahler said, “So we go forward still in partnership. Even if it’s not formal, even if the MOUs are banned.”
Gahler said Harford County will continue sharing information with ICE about people arrested in the county.
“We're going to provide ICE with the information of those people we arrest, so that they can file detainers,” he said.
Sheriffs also pointed to guidance from the governor. In a letter sent to sheriffs, the governor said the new law does not prevent localities from continuing to notify ICE about the impending release of an individual of interest.
One sheriff said, “The governor made it clear in his letter that came out to us yesterday, he wants us to continue to collaborate with ICE, we just can’t do it through a formal 287(g) agreement.”
Betsy Smith, a spokesperson for the National Police Association, said the supremacy clause limits how much state and local governments can restrict federal law enforcement.
“Basically, the supremacy clause says that you as a state legislator or a local board with an ordinance, you have a very limited effect on federal law enforcement,” Smith said.
Lawmakers behind the 287(g) ban acknowledged that limitation.
“We cannot say you cannot work with ICE there is federal supremacy. So we can say and we can make it state law, that there can’t be any formative agreement,” one lawmaker said.
Smith said sheriffs who were formerly in the 287(g) program are expected to develop other ways to work with federal officials.
“Each sheriff should be allowed to make their own policy decisions, when it comes to dealing with the federal government and that includes ICE,” she said.
DeWees said he has already written a new policy that will still allow communication with ICE. Gahler said he will still allow ICE to know who is in his jail and allow the agency to file detainers.