Immigration Enforcement

This is a request under the Maryland Public Information Act (MPIA) Md. Code Ann., Gen. Provisions Art. §§ 4-101 et seq.  The American Civil Liberties Union of Maryland and CASA wish to inspect all records in your custody and control pertaining to how your department communicates and collaborates with the U.S. Department of Homeland Security with regard to immigration enforcement, including but not limited to:

1.         Any and all records issued before the January 25, 2017 Executive Order 13768, “Enhancing Public Safety in the Interior of the United States,” that concern:

a.         Policies on engaging in immigration enforcement with or without prior ICE approval at sensitive locations, including but not limited to:      

                                       i.         Schools,

                                                 ii.         Medical centers,

                                                iii.         Religious institutions,

                                                iv.         Protests or public demonstrations; or

                                                 v.         Courthouses;

b.         Policies on honoring immigration detainers;

c.         Policies on notifying federal immigration officials when an individual with an immigration detainer, notice to appear, or final order of removal is

                                                   i.         Arrested;

                                                 ii.         Booked in a detention center;

                                                iii.         Released from detention;

d.         Policies on providing immigration officers data collected from Automatic License Plate Readers;

e.         Training materials for officers and other personnel who are authorized to engage in immigration enforcement through a 287(g) agreement;

f.          Training materials for officers and other personnel who are not authorized to engage in immigration enforcement;

g.         Policies on other collaborative enforcement actions with federal immigration authorities, including but not limited to task forces and joint operations;

2.         Any and all records issued or dated after the January 25, 2017 Executive Order 13768, “Enhancing Public Safety in the Interior of the United States,” that concern:

a.         Policies on engaging in immigration enforcement with or without prior ICE approval at sensitive locations, including but not limited to:

                                                   i.         Schools,

                                                 ii.         Medical centers,

                                                iii.         Religious institutions,

                                                iv.         Protests or public demonstrations; or

                                                 v.         Courthouses;

b.         Policies on honoring immigration detainers;

c.         Policies on notifying federal immigration officials when an individual with an immigration detainer, notice to appear, or final order of removal is

                                                   i.         Arrested;

                                                 ii.         Booked in a detention center;

                                                iii.         Released from detention;

d.         Policies on providing immigration officers data collected from Automatic License Plate Readers;

e.         Training materials for officers and other personnel who are authorized to engage in immigration enforcement through a 287(g) agreement;

f.          Training materials for officers and other personnel who are not authorized to engage in immigration enforcement;

g.         Policies on other collaborative enforcement actions with federal immigration authorities, including but not limited to task forces and joint operations;

3.         Records, redacting any identifying information, on individuals whose immigration detainers were honored from January 1, 2017 to present, including records of:

a.         What the individual was arrested for;

b.         What the individual was charged with;

c.         What probable cause existed to continue detaining the individual;

d.         Whether the individual was convicted;

                                                   i.         If convicted, what the individual was convicted of;

e.         How long the individual was detained for.

We anticipate that we will want copies of some or all of the records sought.  Pursuant to Md. Code, Gen. Prov. § 4-206(e), we request that all fees related to this request be waived.  The American Civil Liberties Union Foundation of Maryland is a non-profit 501(c)(3) organization.  We request this information to carry out our charitable mission, and to inform the public regarding the policies and practices of localities participating in immigration enforcement. CASA is also a non-profit 501(c)(3) organization and receives its funding primarily from donations. CASA provides various social and legal services to Latino and immigrant communities throughout the state. This request meets the criteria for a fee waiver under MPIA, and fees associated with similar requests are regularly waived for the ACLU.  In addition, the ACLU of Maryland has a limited ability to pay for the copying and other charges associated with MPIA requests.  See generally Office of the Attorney General, Maryland Public Information Act Manual, 7-3 - 7-4 (14th ed. 2015) (discussing criteria for waiver of fees under the MPIA).  If the request for a waiver of fee is denied, please advise us in writing of the reason(s) for the denial and of the cost, if any, for obtaining a copy of the requested documents.

If you determine that some portions of the requested records are exempt from disclosure, we will expect, as the Act provides in § 4-203(c)(1)(ii), that you provide us with any portion of the records that is subject to inspection.  If all or any part of this request is denied, please provide us (1) the reasons for the denial, (2) the legal authority for the denial, (3) a brief description of the record that will enable the us to assess the applicability of the legal authority for the denial, and (4) notice of the available remedies. Md. Code, Gen. Prov.,§ 4-203(c)(1)(i).

It is essential that this request be fulfilled within 30 days, as required by Gen. Prov. § 4-203(a). Further, if you anticipate a delay, we expect a response within 10 days addressing (1) the amount of time that you anticipate it will take to produce the record, (2) an estimate of the range of fees that may be charged to comply with the request; and (3) the reason for the delay. Md. Code Gen. Prov. § 4-203(b)(2). The Act also requires in § 4-203(c)(1)(i)(2) that you may not decline to allow inspection of the full record on the grounds that part of the record is not subject to inspection, when redaction would resolve the issue. If no redaction is possible, an explanation must be provided describing why the redacted record cannot be provided.  If we do not receive notice within the required time period, we will treat your failure to respond as a denial and seek appropriate relief.