BALTIMORE — In response to the 2023 death of Rachel Morin, a Harford County mother of five, Del. Nino Mangione is sponsoring legislation to prohibit Maryland towns and counties from adopting sanctuary policies for immigrants.

“HB 85 will not bring [Rachel Morin’s] life back, nor to her five children their mother back, or the daughter or sister,” Mangione, a Baltimore County Republican, said at a Wednesday bill hearing in Annapolis. “However, what it will do, hopefully, is prevent another horrible tragedy like this from happening, and send a message to the world that we will not tolerate these atrocities in the state of Maryland.”

House Bill 85, named in honor of Morin, who was killed on Bel Air’s Ma and Pa Heritage Trail in 2023, would prohibit Maryland counties or municipalities from adopting or enacting sanctuary policies to protect people who entered the country illegally, and would require them to fully cooperate with U.S. Immigration and Customs Enforcement (ICE) agents seeking out people who have been convicted of violent crimes.

Morin’s alleged killer, Victor Martinez-Hernandez, is an immigrant from El Salvador who police say illegally crossed the U.S. border. He is charged with first- and second-degree murder, first- and second-degree rape, third-degree sex offense and kidnapping.

A jury trial has been set for April 1 in Harford County.

Sharareh Borhani Hoidra, a private immigration attorney and chair of the Maryland State Bar Association’s immigration law section, said Mangione’s bill will lead to “constitutional issues,” and that the language is “at odds” with current state law.

Under the bill, residents who believe their jurisdiction or town has implemented sanctuary policies or is not cooperating with ICE would be able to submit complaints to the attorney general’s office to determine whether the locality is in compliance with the provisions of the legislation. If the town or jurisdiction is not in compliance, they would be ineligible to receive state funds until the attorney general certifies that they are following the policies.

“If local jurisdictions are required to cooperate with with federal authorities in the way that HB 85 mandates, it increases the likelihood that criminals may have been detained or deported before they could harm people,” Mangione said.

The legislation would also repeal a portion of existing law that prohibits police officers asking about a person’s citizenship or immigration status during regular stops.

Hoidra said that Mangione’s bill seeks to turn state and local law enforcement into federal immigration agents.

Maryland’s Democratic super-majority legislature has taken steps in the past to provide protections for the state’s immigrant community.

In 2021, the General Assembly passed legislation that prohibits counties from entering into agreements with ICE to detain immigrants on its behalf. Another law was enacted the same year that requires state employees to deny the inspection of files containing photos or personal information for immigration enforcement purposes unless the requestor has a valid warrant.

Since President Donald Trump took office last month, Maryland Democrats have continued to put forth protections. Gov. Wes Moore said the state will “follow the Constitution” in regard to ICE enforcement.

The 1996 U.S. Supreme Court decision in Printz v. United States determined that the Necessary and Proper Clause of the Constitution does not give the federal government the authority to force state officials to carry out federal programs.

Attorney General Anthony Brown has also issued guidance for law enforcement regarding interactions with ICE, reminding officers that they are not required to share information regarding a person’s immigration status with federal officials.

Additionally, Senate Judicial Proceedings Committee Chair Will Smith, and House Ways and Means Committee Vice Chair Jheanelle Wilkins and Del. Jared Solomon — all Montgomery County Democrats — are sponsoring the Protecting Sensitive Locations Act this legislative session, which would limit ICE’s access to schools, hospitals, courthouses and places of worship.

Maryland is currently contending with a neatly $3 billion budget deficit. Republicans have railed against Moore, a Democrat, alleging that he is spending beyond the state’s means.

Noting that Mangione sits on the House Appropriations Committee, the House chamber’s committee that primarily deals with the budget, Del. Aaron Kaufman, a Montgomery County Democrat, asked if Mangione was aware of and supported the bill’s nearly $300,000 fiscal note, which gradually rises to $396,000 by fiscal year 2030.

“Yes, delegate, I am,” Mangione said in response. “But we have a 60-plus-billion-dollar budget, and several hundred-thousand dollars to protect the lives of Marylanders, I think, is a very small price to pay — especially to the Morin family, as a perfect example.”

Hoidra told lawmakers that Mangione’s bill would violate the separation of powers, saying that the 10th amendment of the U.S. Constitution states that the federal government cannot mandate state or local law enforcement to carry out immigration policy.

According to Hoidra, Mangione’s bill would not be enforceable under the Immigration and Nationality Act.

Enacted in 1952, the Immigration and Nationality Act is a set of provisions that determines who can come into and stay in the country and if someone is violating the law by being in the United States.

“House Bill 85 attempts to punish Maryland counties and municipalities based on a misunderstanding of federal law,” Hoidra said. “It’s impossible to sanction a state or municipality for granting lawful presence within state boundaries in violation of federal law.”

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