Gaithersburg, MD Immigration Policy: Sanctuary Policy Preemption (2026)

Heavy Restrictions

Recently verified

Maryland state rule: Gaithersburg does not have a local ordinance for sanctuary policy preemption. This topic is governed by Maryland state law and applies uniformly across the state.

Summary

The Maryland Trust Act under Public Safety Article 4-114 restricts state and local agencies from assisting federal civil immigration enforcement and bars ICE detainer holds.

Full Breakdown

Public Safety Article 4-114, enacted as part of the Maryland Values Act and expanded under recent legislation, prohibits state and local law enforcement, correctional facilities, and most public agencies from inquiring about immigration status, detaining individuals solely on federal civil immigration detainers, or entering into 287(g) agreements with U.S. Immigration and Customs Enforcement. Public schools, hospitals, courthouses, and shelters are designated sensitive locations where civil immigration enforcement is restricted. Agencies may still cooperate on criminal warrants signed by judges and may share information required by federal law such as 8 U.S.C. 1373. The law applies uniformly across all Maryland counties and municipalities.

Violations & Fines

Agencies that violate the Trust Act may face civil enforcement actions by the Attorney General, while individuals harmed may seek injunctive relief and damages under state civil rights laws.

Frequently Asked Questions

Can Maryland police hold someone on an ICE detainer?

No. Civil ICE detainers alone cannot extend custody under PS 4-114; only judicial criminal warrants permit continued detention.

Does the Trust Act apply uniformly to all Maryland counties?

Yes. The law sets a statewide floor binding all state and local agencies, though jurisdictions may adopt additional protections.

Sources & Official References

[1]Source

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Gaithersburg, MD Immigration Policy: Sanctuary Policy Preemption (2026)

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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