At the jail
Two years later, then-Gov. Martin O’Malley decided that the state-run jail in Baltimore would no longer honor requests from Immigration and Customs Enforcement to hold immigrants beyond the point at which they would ordinarily be released.
If an immigrant is jailed, the state does not hold that person longer than a nonimmigrant jailed for the same crime, unless the federal government can produce a warrant.
O’Malley, a Democrat, might have had political reasons to impose that policy, but he also had a practical one: Then-Maryland Attorney General Douglas F. Gansler, also a Democrat, had advised that holding an immigrant beyond his or her scheduled release without a warrant was a constitutional violation. That advice came after several federal appeals courts reached the same conclusion.
Gov. Larry Hogan, a Republican, has continued the policy.
More than 630 counties nationally — roughly 25 percent — will not hold an immigrant beyond their scheduled release without a warrant.
Though that decision is generally considered a defining characteristic of a sanctuary jurisdiction, Trump’s order is silent on the point.
Instead, the order focuses on a 1996