Amid immigration crackdown, bill would protect info in state databases from federal review

Yahoo

24-02-2025

Members of CASA, a Latino and immigration advocacy organization, rally outside of the Maryland State House in this undated photo. (Photo by Giuseppe LoPiccolo/Capital News Service)
By Emma Tufo
Some Maryland lawmakers are seeking to protect residents' data from law enforcement review amid heightened immigration enforcement by President Donald Trump's administration.
The proposed Maryland Data Privacy Act would prohibit police and other local officials from sharing personal information, granting access to databases, or allowing entry into facilities for federal immigration enforcement—unless a valid warrant from a state or federal court is provided.
'This is a privacy bill to ensure the federal government cannot go through a fishing expedition in our state databases,' said Sen. Clarence Lam, a Democrat representing Howard and Anne Arundel Counties. 'This legislation really is about promoting transparency and promoting privacy. Marylanders have a right to know who's attempting to access their data.'
The bill builds on the 2021 Driver Privacy Act, which limited the sharing of driver's license information with federal immigration enforcement agencies. It would expand those protections across all state agencies, creating uniformity in how state agencies handle requests.
Democratic AGs win preliminary injunction against DOGE access to Treasury payment systems
The legislation comes amid a crackdown on illegal immigration by the Trump administration. An executive order in January deployed 1,500 troops to the southern border, in addition to the 2,500 already deployed there. The administration also removed restrictions on where Immigration and Customs Enforcement officials can operate, reversing a policy that prohibited ICE arrests at schools, places of worship and other protected sites.
The increased enforcement has sparked fear among immigrant communities, leading to concerns about how state data-sharing practices could impact their safety and willingness to engage with state resources.
'Many Marylanders are fearful and anxious and scared,' Lam said. 'The immigrant community feels like they are under assault and this bill is important to them.'
State Comptroller Brooke Lierman emphasized the importance of ensuring immigrants feel safe accessing state resources, noting that they are over 21% of Maryland's workforce and contribute significantly to the state's economy.
'We want to encourage compliance with our tax laws, and one way that we can keep doing that is to let our immigrant community members know that their data is safe with us, that unless somebody comes with a warrant issued by a court, we will hold their data safe,' Lierman said.
But others raised concerns about public safety and potential federal repercussions.
Daniel Galbraith, warden of the Harford County Detention Center, argued that the bill could compromise law enforcement efforts. Harford County deputies currently share information with ICE after individuals are arrested for crimes, allowing ICE to conduct investigations in a secure environment.
'If enacted, this legislation will remove our ability to participate in this key public safety program,' Galbraith said.
Quakers, other religious groups ask federal court to block ICE raids at places of worship
Daniel Franklin, chief of police of Morningside Police Department, warned that the bill could strain Maryland's relationship with the federal government.
'The passage of this bill may have some extremely negative results for state and local cooperation with federal agencies across the board, as well as any federal funding that we may receive as the state of Maryland,' Franklin said.
But George Escobar, chief of programs and services of immigrant advocacy group CASA, said the bill isn't meant to hinder law enforcement, but uphold constitutional integrity.
'Every day we learn of new data breaches authorized by rogue actors friendly to the administration in their unlawful obsession to unscrupulously hunt and demonize immigrants,' Escobar said. 'It is incumbent upon this body to ensure access to data, information collected from all residents be protected and shared in accordance with the law.'
Lam stressed that the bill is not about opposing federal immigration law but about safeguarding the privacy and trust of Maryland residents. By requiring federal agencies to obtain a warrant before accessing state databases, the legislation aims to protect personal information while maintaining public safety.
'It is critical to preserve the trust of our community and to protect them from aggressive federal action that threatens their livelihoods,' Lam said.
If the bill passes, the Maryland attorney general would be in charge of enforcing these restrictions. Civil penalties of up to $1,000 per violation could be imposed and state employees who violate these provisions could face disciplinary action, including termination.