Law Enforcement Standards on Immigration Status, Diversity and Equity Executive Order

In 2017, County Executive Kevin Kamenetz issued an executive order on law enforcement standards on immigration status, diversity and equity, and in 2018 County Executive Don Mohler updated the order. County Executive Olszewski has affirmed that the executive order remains in effect countywide.

Executive Order

Whereas, Baltimore County residents fully support our country's rich heritage of welcoming immigrants from around the world who come to America seeking a better life in pursuit of the American Dream; and

Whereas, Baltimore County has welcomed an increasingly diverse population that parallels statewide demographics; and

Whereas, Baltimore County recognizes that public trust and confidence in local government and law enforcement policies are essential to a fair and orderly government; and

Whereas, the Baltimore County Police Department prides itself on the positive relationship that it has maintained with the County's resident population, including its immigrant community, and maintenance of positive relationships are key to keeping our neighborhoods safe; and

Whereas, as part of that relationship, all residents must feel safe and secure to cooperate with Baltimore County Police Officers to report crimes and offer assistance in resolving criminal activity;

Whereas, an administrative warrant, prior deportation order, or other document or representation alleging that an individual has committed a civil immigration violation does not provide a Baltimore County Police Officer with a basis to arrest, detain, or extend a stop or detention of an individual who is the subject of that order, document, or representation; and

Whereas, from time to time it is necessary to reiterate the policies and precepts necessary to maintain public order and discourse, consistent with the laws of the county, state, and federal governments, their respective judicial branch holdings, and the Constitutions of Maryland and the United States.

Now, therefore, I, Donald I. Mohler III, as County Executive of Baltimore County, on this fourteenth day of November 2018, by virtue of the authority vested in me by the Baltimore County Charter, do hereby promulgate the following EXECUTIVE ORDER for Baltimore County, Maryland:

1. No Baltimore County Department, agency, officer or employee shall discriminate against any person within Baltimore County based on confirmed or suspected race, creed, religion, color, sex, age, national origin, marital status, sexual orientation, gender identity or expression, status as a veteran, physical or mental disability, immigration status, and/or inability to speak English.
2. No Baltimore County Department, agency, officer or employee shall condition the provision of County services or benefits on the immigration status of the individual seeking those services or benefits unless such conditions are lawfully imposed by federal or state law.
3. No Baltimore County Police Officer shall make inquiry of a person's immigration status for the purpose of initiating civil enforcement of immigration proceedings, except in the case of a criminal warrant signed by a judicial official.
4. No Baltimore County Police Officer shall arrest, detain, or extend the stop or detention of an individual on the basis of a civil administrative warrant, a prior deportation order, any other document relating to a civil immigration violation, or an alleged violation of civil immigration laws.
5. No personnel within the Police Department or the Department of Corrections shall cause any individual in detention to be detained beyond their court ordered release date, except pursuant to a criminal warrant signed by a judicial official.
6. Nothing in this Executive Order shall be construed to prohibit any Baltimore County Police Officer or employee from participating in task force activities with county, state or federal criminal law enforcement authorities. However, no Baltimore County Police Officer or employee shall participate in task force activities that are primarily intended to enforce civil immigration laws.
7. Nothing in this Executive Order shall be construed to prohibit any Baltimore County Police Officer from investigating violations of criminal law.
8. Nothing in this Executive Order shall be construed to prohibit any Baltimore County Police Officer from cooperating with federal immigration authorities in the investigation and apprehension of undocumented immigrants suspected of violations of criminal law.
9. This Executive Order shall take effect immediately according to its terms.