Throughout the 2024 presidential campaign, President Donald J. Trump (“Trump”) promised to execute the largest mass deportation in U.S. history upon his return to the White House.[1] As president-elect, Trump announced former acting director of U.S. Immigration and Customs Enforcement (“ICE”), Thomas Homan (“Homan”), as his administration’s “border czar” in charge of border control and deportations.[2] Homan, a veteran in law enforcement with extensive experience in immigration enforcement, played a large role in the first Trump administration’s “crackdown on immigration.”[3] Homan has been vocal about his dedication to Trump’s mass deportation plan, telling immigrants “if you’re in this country illegally, you got a problem” and to “start packing.”[4]

Trump’s election caused immediate concern in immigrant communities across the country.[5] Organizations supporting immigrant communities have noticed the fear in members of the community, receiving many uneasy phone calls and experiencing a significant decrease in participation.[6] In Maryland, leaders have spoken out in support of the immigrant community.[7] Governor Wes Moore spoke of his commitment to protect immigrants in the community as the new administration acts on immigration policy.[8] Frederick Mayor, Micheal O’Connor, vowed to ensure Frederick remains a safe place for all, and promised to not “aid and abet outside agencies attempting to detain, deport, or remove any resident.”[9]

Despite such reassurances, Marylanders should be aware of the existence of programs like 287(g), which have the potential to exacerbate by an administration favoring harsh immigration policies.[10] Section 287(g) of the Immigration and Nationality Act allows ICE to delegate to local law enforcement the authority to perform immigration tasks, such as “identify[ing] and remov[ing] incarcerated criminal noncitizens.”[11] The Trump administration can use this program to “bolster its manpower as it seeks to launch . . . the largest deportation effort in U.S. history.”[12]

In Maryland, three local law enforcement agencies participate in the 287(g) program: Cecil County Sheriff’s Office, Frederick County Sheriff’s Office, and Harford County Sheriff’s Office.[13] These agencies participate in the programs Jail Enforcement Model, allowing them to question incarcerated individuals about their immigration status, prepare immigration violation charging documents, and order continued detention of individuals believed to be deportable.[14] Despite the programs proponents claiming it benefits public safety, an overwhelming amount of individuals processed through the program have committed non-violent offenses and traffic violations.[15] Opponents of the program believe it just creates fear among immigrants and allows for racial profiling that further stigmatizes immigrants.[16]

With the Trump administration’s pledge to require local agencies’ cooperation in the enforcement of federal immigration policies, additional agencies participation in the 287(g) program is a real possibility.[17] Thus, it is important that Marylanders, especially those with immigration concerns, be made aware of the program’s existence and the risks they or their loved ones run because of it. Through organizations, such as CASA, that provide legal and other services to immigrant communities, Marylanders can learn about programs like 287(g) and receive guidance on how to avoid or deal with its negative impacts.[18] Unfortunately, on February 19, 2025, Trump signed an executive order aimed to eliminate funding for programs that provide immigrant communities a wealth of necessary services.[19] Defunding these programs strips immigrant communities of the guidance and advocacy they need to not fall victim to the detrimental effects of programs such as 287(g).

Veronica Giron is a third-year J.D. Candidate at the University of Baltimore School of Law and an Associate Editor for the University of Baltimore Law Forum. She received her Bachelor of Arts in Criminal Justice and Criminology from the University of Maryland, College Park in 2017. During her 2L summer, Veronica worked as a Summer Associate at Thomas, Thomas & Hafer LLP. Upon graduating and passing the Maryland bar, she will return to the firm as a first-year Associate.

[1] Megan Lebowitz, Here are 11 things Trump has promised to carry out on Day 1 of his presidency, NBC News (Jan. 20, 2025, 9:23 AM), https://www.nbcnews.com/politics/donald-trump/11-things-trump-day-1-presidency-rcna184423.

[2] Rachel Treisman, What to know about Tom Homan, the former ICE head returning as Trump’s ‘border czar’, NPR (Nov. 11, 2024, 10:10 AM), https://www.npr.org/2024/11/11/nx-s1-5186522/tom-homan-border-czar-trump; Thomas Homan, GTSC, https://www.gtscoalition.com/about-us/strategic-advisors/thomas-homan/ (last visited Jan. 19, 2025).

[3] Thomas Homan, supra note 2; Treisman, supra note 2.

[4] Aila Slisco, Trump’s Border Czar’s New Warning to Illegal Migrants: ‘You Got a Problem’, Newsweek (Now. 20, 2024, 4:01 AM), https://www.newsweek.com/trump-border-czars-new-warning-illegal-migrants-you-got-problem-1988673.

[5] See infra text accompanying notes 1—4; Frank Mulligan, Undocumented immigrants in Bristol County fear Trump deportation pledge say advocates, South Coast Today (Nov. 14, 2024, 4:00 AM), https://www.southcoasttoday.com/story/news/2024/11/14/bristol-county-undocumented-immigrants-concerned-with-trump-election-fall-river-new-bedford-ma/76118641007/.

[6] Mulligan, supra note 5; Martin et al., Immigrants fear deportation under Trump: ‘We have to prepare’, SF Standard (Nov. 7, 2024, 6:00 AM), https://sfstandard.com/2024/11/07/san-francisco-trump-immigration-deportation-fears/.

[7] Thayma Sanchez Gomez, ‘Protect Marylanders’: Governor responds as DC-area ICE raid is weighed for Trump term’s start, NBC Washington (Jan. 9, 2025, 6:47 PM), https://www.nbcwashington.com/news/local/protect-marylanders-governor-responds-as-dc-area-ice-raid-is-weighed-for-trump-terms-start/3809624/.

[8] Id.

[9] Kevin McManus, Frederick Mayor Reassures Citizens Regarding Another Trump Presidency, WFMD (Nov. 22, 2024, 8:00 AM), https://www.wfmd.com/2024/11/22/frederick-mayor-reassures-citizens-regarding-another-trump-presidency/.

[10] Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act, U.S. Immigr. and Customs Enf’t, https://www.ice.gov/identify-and-arrest/287g (last visited Jan. 19, 2025) [hereinafter INA § 287(g) Delegation]; see Gabe Gutierrez & Olympia Sonnier, Local law enforcement prepares to ramp up ICE partnership amid Trump’s mass deportation plans, NBC News (Nov. 26, 2024, 6:17 PM), https://www.nbcnews.com/politics/immigration/local-law-enforcement-ice-trump-deportation-plan-rcna181717 (“Trump’s campaign platform promised to require local cooperation with federal immigration enforcement.”).

[11] INA § 287(g) Delegation, supra note 10.

[12] Gutierrez et al., supra note 10.

[13] INA § 287(g) Delegation, supra note 10.

[14] INA § 287(g) Delegation, supra note 10; End the Federal 287(g) Program in Maryland, ACLU MD, https://www.aclu-md.org/en/campaigns/end-federal-287g-program-maryland#:~:text=WHAT%20IS%20THE%20287(G,of%20Homeland%20Security%20(DHS (last visited Mar. 2, 2025).

[15] ACLU MD, supra note 20.

[16] ACLU MD, supra note 20; Gutierrez et al., supra note 10.

[17] Gutierrez et al., supra note 10.

[18] All Programs, CASA, https://wearecasa.org/programs/ (last visited Mar. 2, 2025).

[19] See Executive Order on Ending Federal Funding for Undocumented Immigrants, AILA (Feb. 25, 2025), https://www.aila.org/library/executive-order-on-ending-federal-funding-for-undocumented-immigrants.