DOJ Sues Maryland Over Community Trust Act, Citing Immigration Enforcement Clash

3 min readSources: JURIST

DOJ filed a federal lawsuit against Maryland over its restrictive immigration enforcement law.

Why it matters: This lawsuit highlights key tensions between federal and state governments on immigration enforcement. Legal advisers must watch for impacts on jurisdictional compliance and state-level sanctuary policy enforcement.

  • DOJ sued Maryland and Attorney General Anthony Brown on July 9, 2026, claiming the Community Trust Act violates the Supremacy Clause.
  • The Community Trust Act restricts local law enforcement from cooperating with ICE without judicial warrants unless felonies or sex offenses are involved.
  • Seventeen of Maryland's 24 sheriffs previously sued the state over the Act, saying it hampers their federal cooperation duties.
  • DOJ asserts the law obstructs federal immigration enforcement and impedes detaining and transferring illegal aliens to federal custody.

On July 9, 2026, the U.S. Department of Justice (DOJ) formally sued Maryland and its Attorney General, Anthony Brown, over the state's Community Trust Act, alleging it obstructs federal immigration enforcement and violates the Supremacy Clause of the U.S. Constitution. The lawsuit claims Maryland’s refusal to fully cooperate with U.S. Immigration and Customs Enforcement (ICE) has already undermined federal operations, including facilities denying routine detainers for illegal aliens.

The Community Trust Act, enacted as emergency legislation in May 2026 by Maryland’s Democratic-controlled legislature, limits local law enforcement's ability to assist federal immigration authorities. Under this law, local police cannot cooperate with ICE without a judicial warrant except in cases involving felony crimes or sex offenders.

Seventeen out of Maryland's 24 county sheriffs had challenged the act in federal court on May 26, 2026, arguing it restricts their obligation to work with federal officials against illegal immigration. Harford County Sheriff Jeff Gahler described the law as a "dangerous mandate" effectively turning Maryland into a sanctuary state by preventing sheriffs from cooperating with federal immigration enforcement.

DOJ officials have emphasized the federal authority underpinning immigration enforcement. Associate Attorney General Stanley Woodward said, "Federal immigration officers merely enforce the laws that our Nation’s elected representatives in Congress passed, reflecting the will of We the People." Assistant Attorney General Brett A. Shumate added, "The American people are ultimately the ones who suffer when states pass these irresponsible sanctuary policies." The lawsuit underscores ongoing legal and political debates surrounding state sanctuary policies and federal supremacy.

By the numbers:

  • May 2026 — Community Trust Act passed as emergency legislation in Maryland
  • May 26, 2026 — 17 of 24 Maryland sheriffs filed suit challenging the Act
  • July 9, 2026 — DOJ filed federal lawsuit against Maryland over the Act