Howard County’s Commitment to Immigrant Privacy: How the Liberty Act Stands Against Federal Challenges
A recent Executive Order signed on January 20, 2025, directs federal agencies to review funding for jurisdictions with so-called “sanctuary policies.” While this has reignited national debates, here in Howard County, the issue has already been settled—twice.
Through the Liberty Act, passed in December 2020 and reaffirmed by voters in November 2022, Howard County has committed to protecting the privacy of all residents. This law prevents local government agencies from collecting or sharing immigration status information, ensuring that no one in our community has to fear discrimination based on their background.
With this new federal action, it’s worth revisiting what the Liberty Act does, why Howard County voters defended it, and how it fits into the national conversation on local immigration policies.
The Liberty Act: A People-Powered Commitment to Privacy
Howard County has never been part of federal immigration enforcement programs like 287(g), which allows local law enforcement to collaborate directly with ICE. But in 2020, a local case brought national attention to the gaps in protection that still existed. (However, Frederick, Cecil, and Harford Counties do currently have 287(g) agreements.)
William Garcia Trejo, a Howard County resident, was pulled over for speaking on his cell phone while driving. Though the charge was minor, he was arrested for failing to appear in court for an unrelated traffic offense. Despite having no prior record with U.S. Immigration and Customs Enforcement (ICE), he was flagged, transferred to the Howard County Detention Center, and then handed over to ICE for deportation to El Salvador—a country he had fled years before.
Cases like Mr. Trejo’s fueled public concern about local government’s role in immigration enforcement. In response, the Howard County Council passed the Liberty Act (CB-63) by a 4-1 vote, and County Executive Calvin Ball signed it into law in December 2020.
The Liberty Act ensures that:
- Howard County employees cannot ask about immigration status.
- Personal information cannot be shared with immigration enforcement unless required by law.
- Local resources cannot be used to assist ICE in detaining or deporting residents.
These policies are commonly referred to as trust legislation, designed to build confidence between immigrant communities and local government so that all residents feel safe engaging with public services and law enforcement.
A Second Vote: Howard County Stands Firm on Immigrant Protections
After the Liberty Act passed, a small group of residents petitioned to overturn it. Their effort met the minimum signature requirement to put the issue on the ballot in November 2022 as Question A. However, when voters had their say, the result was decisive:
61,626 votes were cast in favor of keeping the Liberty Act—61.7% of the total vote.
This marked a historic moment: Howard County became only the second jurisdiction in U.S. history—after Oregon in 2018—to successfully defend trust legislation in a referendum.
Between July and Election Day, a team of 12 community organizers canvassed more than 27,000 voters, explaining the stakes of the referendum. Through conversations, phone calls, texts, and postcards, residents reaffirmed that Howard County is a welcoming place for all.
How Does the Liberty Act Fit Into the National Immigration Debate?
The recent Executive Order seeks to tie federal funding to compliance with 8 USC § 1373, a federal law that prevents local governments from restricting communication with immigration authorities. However, legal experts widely agree that:
- 8 USC § 1373 does not require local jurisdictions to collect or share immigration status information—it only prevents policies that actively block such communication.
- ICE detainers remain voluntary. Courts have repeatedly ruled that local jurisdictions are not required to comply with ICE requests to hold individuals beyond their release dates.
- The federal government cannot force states and localities to enforce immigration laws. Under the Tenth Amendment, the Supreme Court has ruled that the federal government cannot “commandeer” local resources for federal enforcement.
The Liberty Act does not violate federal law because it simply ensures that Howard County does not collect information about residents’ immigration status in the first place. Without such information, there is nothing to report or share.
Will Howard County Lose Federal Funding?
While the Executive Order creates uncertainty, Howard County’s legal standing remains strong:
- Federal courts have blocked previous attempts to strip funding from local jurisdictions with sanctuary policies.
- The majority of federal funding comes from Congress, not executive orders. Without congressional action, any significant loss of funding is unlikely.
- Howard County is not alone. Many other counties and cities have similar policies and have successfully defended them in court.
Legal challenges to the Executive Order are already underway, and Howard County’s position as a voter-backed, legislatively enacted trust jurisdiction places it on solid legal ground.
What’s Next for Howard County?
For Howard County residents, the Liberty Act remains law and continues to provide vital protections:
- Local government employees cannot ask about immigration status.
- Law enforcement does not target individuals based on immigration status.
- County resources are not used for federal immigration enforcement.
At a time when immigration policies are being debated at the national level, Howard County has twice reaffirmed its commitment to protecting all of its residents. The Liberty Act reflects the county’s values: privacy, dignity, and public safety for everyone.
For those with questions about their rights or how these policies may affect them, Luminus is here to help. Our team provides legal assistance, advocacy, and resources for immigrants navigating these complex issues.