An ally of President-elect Donald Trump who will serve in his administration sent a letter through a nonprofit law firm warning Howard County Executive Calvin Ball that he and his staff could be at risk “of criminal and civil liability” for not complying with immigration orders to deport people who are in the country illegally.

America First Legal, led by Stephen Miller, sent a letter to Ball on Dec. 23 that said it had determined Howard County is “a sanctuary jurisdiction that is violating federal law.”

“Such lawlessness subjects you and your subordinates to significant risk of criminal and civil liability,” the letter states. “Accordingly, we are sending this letter to put you on notice of this risk and insist that you comply with our nation’s laws.”

On the campaign trail, Trump made immigration central in his messaging. He has said he plans mass deportations when he assumes office, though it’s not exactly clear what that could entail.

Trump selected Tom Homan as his border czar; Homan is a former Border Patrol agent and led U.S. Immigration and Customs Enforcement during Trump’s “zero tolerance” policy that was criticized for separating families.

In November, Trump announced Miller would return to the White House and serve as deputy chief of staff for policy and a homeland security adviser. During Trump’s first administration, Miller served as a senior advisor to the president for policy. During Trump’s 2016 presidential campaign, Miller was a senior advisor.

Ball has been steadfast in his opposition to honoring ICE detainers in his jurisdiction. In 2020, the Liberty Act was approved by the County Council mandating that inmates cannot be turned over to ICE, no matter the crime committed.

Ball argued that while elected leaders passed the Liberty Act — and he signed it — voters turned down an attempt to repeal the law during a 2022 ballot question.

“I think the voters were informed and by more than 64%, almost 80,000 voters said we want to ensure that the Howard County laws that are in place like the Liberty Act stay in place,” Ball said during a previous interview with FOX45 News.

The letter to Ball is one of nearly 250 letters America First Legal sent to leaders across the country. According to the organization, the letters are “the initial phase of its response to the announced plans, agreements, and activities of leftist elected officials and organizations” to block immigration plans.

Congress has authorized state and local law enforcement officials to assist federal officials in enforcing immigration law under the Immigration and Nationality Act, according to the letter written by America First Legal Foundation Senior Counsel James Rogers.

No federal law, however, allows state or local officials to subvert or ignore the requirements of the INA, Rogers says in the letter. In fact, federal law imposes significant criminal and civil penalties on those who do so.

Rogers states in the letter that federal law requires cooperation, and by complying with Howard County’s sanctuary policies, Ball and his “subordinates appear to be engaging in facially criminal actions and potentially subjecting anyone implementing those policies to punishment.”

By not complying with federal laws, Rogers says Ball and those carrying out his jurisdiction’s actions “could also trigger liability” under federal anti-racketeering statutes, known as RICO.

Civil RICO remedies are available to someone’s business or property harmed by the actions included in the RICO statute, according to Rogers in the letter.

“The American people have spoken through their representatives. Your jurisdiction’s sanctuary laws or policies therefore make a mockery of American democracy and demonstrate a shocking disrespect for the rule of law,” Rogers wrote in the letter. “We urge you to do the right thing, protect your citizens, and comply with federal law.”

Enforcing federal immigration law is the job of federal agencies, like ICE and the U.S. Customs and Border Protection, according to Howard County Government Communications Director Safa Hira. Local governments, like Howard County, “do not have the same responsibility or authority to enforce federal immigration laws,” Hira added.

As for the Liberty Act, Hira said the law “in no way prevents the Federal Government from enforcing federal immigration law.”

“As always, Howard County will adhere to Federal and State laws. However, at this time, our local law enforcement and authorities are prohibited, by County Code, from assisting in immigration enforcement,” Hira’s statement continued. “Further, we are unaware of any federal law requiring us to assist in immigration enforcement. Should there be changes to the law under a Trump administration, we will evaluate how to ensure compliance with federal law.”

An interview request to America First Legal was not immediately returned.

The threat from Miller’s organization is in line with other Republicans who have called on Democratic leaders to comply with federal immigration orders as Trump prepares to take office or face consequences.

Maryland’s lone Republican in Congress, Rep. Andy Harris, said federal funding should be cut off from local jurisdictions if leaders don’t cooperate with federal orders, and leaders who stand in the way should be prosecuted. During an interview on FOX45 News In Depth, Harris said he has had several conversations with people in Trump’s orbit about the deportation plans and said leaders who do not want to comply could be putting federal dollars at risk.

“The bottom line is this is clear: If states are not willing to keep up their end of the bargain, which is that federal immigration law — that’s the law of the land — well then maybe you don’t need the education dollars, the road dollars, all the other dollars that flow from the federal government,” Harris said. “I believe they are putting all of that at risk.”

Several local leaders in Maryland have been forthcoming about their plans to combat Trump’s effort.

Frederick City Mayor Michael O’Connor announced a plan to create a Legal Advocacy Fund, utilizing tax dollars to pay for non-citizen’s attorney fees as they fight deportation.

“Ensuring they have the legal support they need to stand strong and remain in this community they have chosen to call home,” O’Connor explained during a news conference after the November election.

In a statement to FOX45 News, Maryland Gov. Wes Moore said he comes from a family of immigrants, and said the national immigration system is “broken and Congress must fix it.”

“There is currently a lot of speculation going around about how the new federal administration plans to address immigration policy. As Governor, I have an obligation to protect Marylanders, including members of our immigrant communities,” Moore’s statement read. “I take that obligation seriously and will wait to see what actions the new administration takes on immigration policy.”

After the election, Moore also announced his plans to prepare for the incoming administration, paying a consulting firm $190,000 to assist with that effort.

Anne Arundel County Executive Steuart Pittman also voiced concerns.

“We will do everything we can to make sure that people have legal representation, people have services and if people are deported, we will be providing services to families when their breadwinner leaves,” said Pittman.

A spokesperson for the Anne Arundel County Executive’s Office said Pittman did not receive a letter from America First Legal or Stephen Miller.

“County Executive Pittman has been clear that Anne Arundel County will not interfere with the federal government’s immigration enforcement, and will continue our work to welcome and engage everyone who lives in our county,” the statement continued.

Mayor Brandon Scott attempted to clarify the policy in Baltimore City after Police Commissioner Richard Worley said on a radio broadcast that his department would not comply with ICE detainers. Scott said the city will work with federal partners to ensure criminals are removed from the community.

“I don’t care if you’re from England. If you’re from Baltimore. If you’re from DC. If you’re from Canada. If you’re from Russia. If you’re from Baltimore County, Howard County, Texas, Florida,” Scott said. “If you come to Baltimore and commit a crime, our law enforcement folks will be working to remove you and working with all our federal partners when necessary to have you taken out of the city of Baltimore. Full stop. There’s nothing else that needs to be explained about that.”

Scott added that he won’t let his police department be used as a “pet project” for any incoming administration.

“I’m the mayor and I said what I said, and everyone does what I say,” Mayor Scott said when asked if that means BPD will honor ICE detainers.

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