A proposed Maryland General Assembly bill would prevent federal immigration enforcement agents from accessing state residents’ personal information and data without a warrant.
State Sen. Clarence Lam (D-Anne Arundel and Howard) sponsored the Maryland Data Privacy Act, which would prevent federal agents from accessing private information from state agencies without a state or federal court warrant. The protected information would include biometric data, medical records, and licenses and permits.
The legislation, discussed in the Maryland Senate’s judicial proceedings committee on Wednesday, comes amid more aggressive immigration enforcement from the federal government. U.S. President Donald Trump promised to execute mass deportations during his second term and signed 10 executive orders about immigration during his first week in office.
“Thousands of Marylanders are fearful and anxious and scared,” Lam told the committee during Wednesday’s hearing.
The bill would extend protections in the state’s Driver Privacy Act of 2021, which protected driver’s license information from federal agencies seeking the records for immigration enforcement purposes, according to Lam. The Data Privacy Act would protect other data contained in state databases, Lam added.
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The bill also requires agencies to document and report all access requests to the General Assembly and the Maryland attorney general, including whether or not they were granted.
Maryland Comptroller Brooke Lierman told the committee the bill would ensure every state agency operates under a uniform policy regarding sharing personal information with federal agencies, including U.S. Immigration and Customs Enforcement.
“We want to continue having our immigrants feel safe in involving themselves and availing themselves of state resources,” Lierman said during the hearing.
Lierman said the bill would also encourage more immigrants, both documented and undocumented, to comply with state and local tax law.
Immigrants in Maryland paid about $14.7 billion in taxes in 2022, according to data from the American Immigration Council.
“It’s so important to us that we remove any barrier or obstacle or fear that immigrants have that complying with our state tax laws could put them and their families at risk,” Lierman said.
Daniel Franklin, the police chief of Morningside, Maryland, told the committee on Wednesday he feels concerned about unintended consequences of the bill, such as a weakened relationship between state and federal agencies, as well as potentially losing federal funding.
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“The problematic thing with this legislation is that it would establish a practice of hindering the enforcement of federal immigration laws,” Franklin said. “These laws have not changed. They’ve been in place for decades, numerous administrations.”
Lam said local law enforcement already has “their hands full,” and federal immigration issues should be dealt with by federal agencies and their officers.
Lam said many Maryland residents, both with and without legal documentation, are fearful they may be “swept up” in an immigration raid.
Maryland Sen. William Smith Jr. (D-Montgomery), chair of the judiciary committee, said immigration law is largely handled by the federal government and that people who pose a threat to public safety will be dealt with by the justice system.
“We are obviously in uncharted water,” Smith said. “These unique circumstances call for us at the state level to step up and do everything we possibly can to protect folks who are here paying taxes and contributing mightily to our community.”
