In violation of both the state and county Trust Acts, an individual was transferred from the Montgomery County Sheriff’s Office (MCSO) into ICE custody last Thursday.
Both acts were passed earlier this year. They prohibit the detainment of individuals without a warrant, as well as the use of county resources to aid federal immigration enforcements.
The county Trust Act declares detainees be notified within 48 hours if federal immigration enforcement requests additional information about them.
According to a MSCO statement, the individual was released into ICE custody after receiving a request citing the subject’s alleged risk to national security and public safety.
Over the weekend, the Sheriff’s office received backlash over this alleged rights violation.
On Saturday, County Council President Natali Fani-González issued a statement regarding her resentment toward the transfer.
“I’m extremely frustrated by reports that Sheriff Maxwell Uy failed to ensure that law enforcement policies and practices in the Sheriff’s Office adhere to the Maryland Community Trust Act,” Fani-González said. “We expect our law enforcement officials and County employees to follow the law and protect the civil rights of all our residents.”
In response to this concern, Uy released a same-day statement on the improper transfer.
“After reviewing the incident, the MCSO determined the release did not meet the exceptions of the Community Trust Act and was improper,” Uy said. “The MCSO is fully committed to complying with the Community Trust Act passed by the Maryland legislature and all guidance provided by the Attorney General regarding compliance with the Act.”
Uy stated the MSCO is taking measures to prevent similar situations such as providing additional training and clearance checks.
This incident coincides with the current political distress over immigration enforcement.
17 out of 24 sheriff departments are suing the state of Maryland to remove the Community Trust Act, putting local law enforcement departments at odds with state and county immigration initiatives. MCSO is not participating in this lawsuit.
No new information has been released regarding the current state of the detainee.
