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Know Your Rights: Local Law Enforcement and ICE Encounters in Maryland

By Deborah Jaffe

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Since the Trump administration increased immigration enforcement, both noncitizens and U.S. citizens have faced greater risks of detention. While being in the U.S. unlawfully is a civil offense, the consequences of enforcement are real and immediate.

In Maryland, that risk has become more visible in recent months. Kilmar Armando Ábrego García, a Maryland resident, was wrongfully deported to El Salvador and later detained again by ICE after returning to the U.S. A few months later, video footage from Hyattsville, Maryland went viral, showing Job Arias-Mendoza being arrested by ICE in the middle of an intersection and an officer appearing to point his gun toward bystanders. These headlines have raised community concerns about law enforcement’s use of force and the role of immigration agents in local policing.

Across Maryland, law enforcement agencies are taking varied approaches to ICE. In October 2025, Baltimore County signed an agreement with ICE, consenting to notify them when individuals in local custody are about to be released. Meanwhile, Wicomico County recently paused its plan to adopt an agreement that would authorize local law enforcement offices to act as ICE agents. This pause came after Maryland Attorney General Anthony Brown issued a guidance clarifying that local law enforcement cannot conduct “civil immigration enforcement.” The guidance specifies that Maryland officers may not ask for a suspect’s immigration status or extend a suspect’s detention to determine their status; must identify themselves by name and badge number and cite a reason when making a stop; and must adhere to state use of force standards, among other rules.

According to the immigrant rights group CASA, Maryland law enforcement agencies have transferred 119 immigrants from local jails into ICE custody in 2025 alone. ICE arrests are growing more aggressive and divisive throughout the U.S. With local law enforcement increasingly working alongside ICE, it’s important for residents, both citizens and non-citizens, to understand their legal rights.

Know Your Rights: If You Are Detained by Local Authorities or ICE

  1. Create a Safety Plan
    • Identify your emergency contacts and memorize their phone numbers.
    • Provide your child’s school or day care with an emergency contact.
    • Share your immigration number with trusted family or friends so they can locate you using ICE’s online detainee locator.
  2. Stay Calm
    • Do not run, argue, resist, or fight.
    • Keep your hands visible and notify officers before reaching for items.
    • Do not lie or provide false documents.
  3. Ask Questions
    • Confirm whether the officer is local police or ICE and request their badge number.
    • Ask if you are being arrested or detained, and if not, whether you may leave.
    • Request to see any warrant or documentation justifying your detention.
  4. Exercise Your Rights: All persons in the United States have constitutional protections, not just U.S. citizens.
    • Right to Remain Silent: You do not have to answer questions about your immigrant status, birthplace, or citizenship. Only provide your name, and if in a vehicle, license, registration, and proof of insurance. Passengers may refuse to provide ID.
    • Right to Refuse Searches: Officers need your consent or probable cause to search you or your belongings. Police may conduct a limited pat-down without your consent, if they suspect a weapon.
    • At Your Door: Keep your door closed. You do not need to let officers in unless they have a judicial warrant signed by a judge. Administrative or deportation warrants do not authorize entry without your consent.
    • Right to a Lawyer: Request legal counsel immediately. Do not sign documents without consulting a lawyer. If detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you.
    • If you are a non-citizen: You have the right to contact your consulate or have an officer inform the consulate of your detention.
    • If you are a U.S. citizen or have lawful immigration status: Show your passport, legal permanent resident card, work permit, or other documentation of your status. If you are over the age of 18, you should always carry your papers with you.
  5. Document Rights Violations
    • Write down everything: time, place, people involved (names and badge numbers), agencies, what was said, etc.
    • Photograph any injuries and seek medical care immediately.
    • Notify your attorney and consider filing a formal complaint.

Know Your Rights: If You Witness an ICE or Local Law Enforcement Arrest

  1. Stay Safe
    • Do not physically interfere.
    • Walk calmly and speak respectfully.
  2. Stay Observant
    • Record or photograph from a safe distance.
    • Capture identifying details: agent names, badge numbers, car make and model, etc.
    • If officers ask you to step back, do so but you can keep recording. You have a First Amendment right to record law enforcement actions in public spaces.
  3. Offer Support
    • You have a First Amendment right to talk to the person being detained. Verbally remind the detained person of their rights without obstructing officers.
    • Call their family or emergency contacts if possible.
  4. Keep Your Doors Closed
    • If officers come to your home or work looking for an individual, you do not have to let them in unless they have a judicial warrant signed by a judge. Administrative or deportation warrants do not authorize entry without your consent.
    • If officers insist on entering, do not physically interfere. Contact local police or security to address the situation.
  5. Report the Incident
    • Collect witness contact information and statements.
    • Share your recording or notes with civil rights or immigrant justice organizations.

At Joseph, Greenwald & Laake, we recognize the stress, fear, and uncertainty that can arise from encounters with law enforcement or ICE. We believe understanding your rights is the foundation of justice. If you suspect your rights were violated, we encourage you to reach out to a trusted civil rights attorney for representation.

About The Author

Deborah Jaffe

“I believe in standing with my clients through every challenge, making sure their stories are told, and their rights are protected.”

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