A legislative package lacking protections for Maryland’s immigrant community sought by advocates was rushed through by lawmakers with just minutes to spare before the midnight end of the legislative session Monday.

The version of House Bill 1222 that passed the House and Senate on mostly party-line votes includes language to help “sensitive locations” like churches and schools decide how to respond if immigration agents show, and it includes some privacy protections for migrant data.

What it does not include is language from the original House version of the bill that would require counties to work with federal immigration agencies in some respects, but would prohibit participation in so-called 287(g) agreements, in which local police can essentially act as immigration agents.

Migrant groups, who were at the State House all day Monday monitoring the progress of the bills, said the 287(g) prohibition was their primary goal in the face of increased immigration enforcement by President Donald Trump’s Department of Homeland Security.

“It was shameful the way it went down. We knew what Trump was doing on immigration since day one,” said Ninfa Amador-Hernandez, policy analyst with the immigrant advocacy group CASA. “We’re seeing Democrats not act in protecting immigrant families.”

But with the clock ticking toward midnight Monday, Del. Jazz Lewis (D-Prince George’s) said the legislature was at risk of failing to pass any protections, so House members agreed to give in to the Senate and strike out the prohibitions on 287(g) agreements.

“Sometimes having a pressure cooker of a deadline to move things – we were unsure if we would get it done anyway,” Lewis said. “We think it (the amended bill) is balanced.”

HB1222 initially prohibited Maryland counties from entering into 287(g) agreements to work cooperatively with agents of U.S. Immigration and Customs Enforcement. That was the bill’s only function when it was introduced back in early February.

In the last-minute amendment, the bill includes language from another bill called the Sensitive Locations Act, which would require the Attorney General to “provide guidance to state agencies and others to rules regarding immigration enforcement,” said Del. Luke Clippinger (D-Baltimore City), the chair of the House Judiciary Committee. The bill also prevents the sale of personal records and other data to third parties, he said, though the amendment text is not yet publicly available.

But Cathryn Jackson, policy director for CASA, said the prohibition on 287(g) agreements would have had the “greatest impact” for Maryland’s immigrant population.

“287g is such a direct funnel into the deportation machine. It is the most direct way that we are carrying out Trump’s agenda in Maryland,” Jackson said.

“I think it is extremely heartbreaking that the immigration bills have not been prioritized,” she said. “That is leaving the lives of so many people up to chance right now.”

CASA members are blaming the failure of 287(g) on the Senate, even though Senate President Bill Ferguson (D-Baltimore City) had said earlier Monday that “there is a limit” to what states can do when it comes to immigration enforcement with the federal government.

“We are doing whatever we can in this time frame. The challenge is – it is the federal government and there is a limit to which we have the ability to impact,” Ferguson told reporters.

“I can’t even fathom the fear that a number of our neighbors are feeling because of what’s happening with the Trump administration,” he said. “It is fundamentally unbelievable that we’ve created this toxic environment around people who are investing in our communities, who are part of our workforce, our kids are in school together.”

Democratic Gov. Wes Moore said that the state would always cooperate with federal law enforcement, but disagrees with how the Trump administration is overstepping due process for immigration enforcement.

“We are never not going to cooperate with our federal partners to get violent criminals off of the streets – period, full stop,” Moore told reporters. “We have to make sure our communities are safe … I believe very deeply that you can both make sure you’re keeping your streets safe and also make sure you’re honoring the Constitution at the same time.”

– Maryland Matters reporter Bryan P. Sears contributed to this report.

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