January 25, 2025
Update from Councilmember Kristin Mink on Immigration Enforcement in Montgomery County and Protecting Our Community
Activity by U.S. Immigrations & Customs Enforcement (ICE) in Montgomery County under Trump has thus far been consistent with what was occurring under Biden: a handful of targeted arrests of individuals charged with crimes that were classified as high priority under the Biden administration.
Refugee support, unfortunately, has just changed, pulling the rug out from under our county and many of our residents. Trump issued an Executive Order yesterday stopping funding for resettlement agencies and ordering them to halt their work. These are the organizations contracted by the federal government to assist documented refugees -- including those here because they assisted the U.S. military and thus face danger at home -- get housing, proper services, employment, etc. We will need to find a way as a County and community to try to pick up the pieces, quickly. If you would like to assist or find out where you can donate, please fill out this form: bit.ly/MoCoEvictionVolunteers.
The best way to fortify our community against the fear-based environment the Trump administration is working to create is to be disciplined about how we are responding, and to prepare strategically for what may come.
See below for background on:
- How You Can Help
- Montgomery County Police and MCPS
- Know Your Rights
IF YOU SEE ICE
If you think you see ICE or Customs & Border Patrol (CBP), get photo or video documentation if you feel safe doing so and call CASA’s tipline: 1-888-214-6016.
Rumors and misinformation drive fear and panic, and make legitimate threats harder to identify. They make our community less safe. Every law enforcement sighting is not ICE, and every ICE sighting is not a raid. Thus far, ICE activity in Montgomery County has been consistent with what was happening under Biden.
Our goal must be for residents to be able to make accurate assessments of the safety of going to school and work, running errands, living their lives.
Instead of posting about possible sightings on social media, call the tipline right away so efforts can be made to verify if ICE was present, and if so, for what purpose.
HELPFUL ACTIONS YOU CAN TAKE
- If you see friends posting rumors or misinformation, send them the above guidance.
- Empower yourself and others with Know Your Rights information. Share it widely. Comprehensive information from CASA on your rights during ICE encounters at home, on the street, in the workplace, and more is available here in English, Spanish, and French: Know Your Rights booklet
- Ask business owners, faith leaders, and service providers to hang up and distribute Know Your Rights flyers (also available in Arabic, Haitian Creole, and more).
- Ask your school to send home paper copies of the MCPS immigration guidance for families. See MCPS flyer at the top of this web page.
- Sign up to help at-risk families or donate here.
- Stand clearly in our shared values of welcoming immigrants and embracing diversity, which are reflected in Montgomery County’s laws and policies, and have been a cornerstone of our identity and our successes for decades.
- Don’t let fear drive you to comply in advance. As you can see from the Maryland Attorney General’s message below, our state and local government will not do so either.
IMMIGRATION ENFORCEMENT AND MONTGOMERY COUNTY POLICE
The Montgomery County Police Department (MCPD) does not enforce immigration law, which is a federal responsibility. MCPD will not assist in immigration raids, and they will not inquire about immigration status. These are our values, and this is our policy.
On Thursday, Maryland Attorney General Anthony Brown and 10 other state attorneys general issued a joint statement reaffirming that “state and local law enforcement cannot be commandeered for federal immigration enforcement”:
“The U.S. Constitution prevents the federal government from commandeering states to enforce federal laws…Despite what he may say to the contrary, the President cannot unilaterally re-write the Constitution. The President has made troubling threats to weaponize the U.S. Department of Justice’s prosecutorial authority and resources to attack public servants acting in compliance with their state laws…Right now, these vague threats are just that: empty words on paper. But rest assured, our states will not hesitate to respond if these words become illegal actions.
“As state attorneys general, we have a responsibility to enforce state laws… We will not be distracted by the President’s mass deportation agenda.”
Differentiating Between ICE and MCPD:
ICE agents often wear civilian or plain clothing with dark bulletproof vests that say “POLICE ICE” or “POLICE FEDERAL AGENT.” They may pretend to be police asking for home entry to deliver information on identity theft, inquire about an unrelated investigation, etc. Confirm they have a valid warrant signed by a judge before you open your door at home or allow them into a business’s private area (see below for more guidance for businesses, houses of worship, etc.).
Please don’t call the tipline or post on social media about MCPD sightings. ICE gear differs from local police, who wear distinct uniforms with identifying insignias.
IMMIGRATION ENFORCEMENT AND MCPS
MCPS does not require families to share their immigration status and does not report undocumented students to ICE. Schools are prohibited, without parental consent, from providing information from a student’s file to federal immigration agents unless they have a subpoena.
MCPS administrators have been given a strict protocol to follow if an ICE agent or other non-local law enforcement comes to a school to inquire about a student. Notably, it starts with asking them to wait outside and then making a call for legal support.
Read MCPS’s protocols for administrators and guidance for families here.
KNOW YOUR RIGHTS WHEN INTERACTING WITH ICE
You have the right to remain silent.
- You DO NOT have to tell ICE your name, if you’re in Maryland. (In some states, you do.)
- You DO NOT have to answer any questions, show ID, or sign anything.
- You have the right to REMAIN SILENT.
- DO NOT lie to or give the officer fake or foreign documents. This can be used against you.
- Ask, “Am I being arrested or detained?” If NO: Walk away slowly. Running may be used against you. If YES: Ask to speak to an attorney. Then remain silent. Don’t sign anything.
Do not open your door.
- You do not have to open the door for ICE (or police) unless they have a valid warrant signed by a judge (not an “authorized immigration officer” or anything else) with the correct address.
- If they ask you to open the door, ask them to slip a signed warrant under the door or through a cracked window, or to hold it against a window for you to photograph.
Make a safety plan.
- WORK: If possible, talk to your employer about refusing to allow ICE access to non-public areas of your workplace (details below), and get all your coworkers to agree to remain silent if ICE comes to your job. If ICE comes, try to stay calm and do not run. This may be viewed as admission that you have something to hide. Remain silent.
- FAMILY: Identify an emergency caretaker for your children.
- DOCUMENTS: Give family or trusted friends copies of your important documents and your immigration “A” number, if you have one.
- ATTORNEY: Consult with an immigration attorney BEFORE you encounter ICE. CASA can refer you to legal services: 301-431-4185
- PHONE NUMBER: You have the right to make a phone call if arrested. Memorize at least one emergency phone number of your attorney, family member, or friend.
- KNOW YOUR RISK. If you have been previously deported from the United States, or have been ordered deported by an immigration court, immigration can deport you much more quickly. Consult with a trusted immigration attorney to evaluate your immigration history.
If you are detained by ICE:
- You have the right to remain silent.
- DO NOT lie. Just assert your right to remain silent.
- DO NOT SIGN ANYTHING until you speak with an attorney.
Businesses, houses of worship, nonprofits, etc.:
- You have the right to bar ICE from private areas if agents do not have a valid warrant – signed by a judge (not anyone else) – that specifies they must be given access at that address. DO NOT let them into private areas without a thorough review of their warrant. Identify who is authorized to review warrants (ideally an attorney).
- Empower staff to say, “That area is private. I’m not allowed to let anyone back there.” Ensure staff know who to call for review if a warrant is presented. Put the plan in writing and train your staff.
- Private areas may be staff only, areas where people receive private consultations, where shelter guests sleep, etc. Post signs on doorways to make these areas clear. For example: “PRIVATE: STAFF ONLY” or “PRIVATE: CLOSED TO THE GENERAL PUBLIC.”
- Ensure customers, clients, and staff know their rights. Know Your Rights flyers can go on doors, front desks, in bathrooms, etc.
By staying united as a community, grounded in our values, and strategic in our preparations and responses, we will keep Montgomery County safe and moving forward.
If you have additional questions or concerns, please don’t hesitate to reach out.
Sincerely,
Kristin
LEGAL DISCLAIMER: This email is for general informational purposes only. It is not legal advice. If you are in need of legal advice, please contact an attorney.
Thank you for reading! If you have any comments, questions, or constituent inquiries, you can reach my office at councilmember.mink@montgomerycountymd.gov or 240-777-7955.
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