DOJ sues Maryland over Community Trust Act: allegations and what’s next

On July 9, 2026, the U.S. Department of Justice filed suit in federal court against Maryland and Attorney General Anthony Brown, challenging the state’s “Community Trust Act” (S.B. 791). The complaint was filed in the U.S. District Court for the District of Maryland (Northern Division), Case 1:26-cv-02719.

DOJ says the challenged provisions interfere with federal immigration enforcement—particularly how state and local agencies handle ICE detainers, certain civil immigration warrants, and related information-sharing. DOJ is asking for declaratory and injunctive relief, including a permanent injunction barring enforcement of the challenged provisions and any substantially similar policies, orders, or laws that may become effective in the future. Until a judge issues an order, this is a lawsuit’s allegations and requested relief—not a change in law on its own.

What the Community Trust Act changes

Maryland’s Office of the Attorney General describes a set of rules that differentially apply to “local” versus “state” correctional facilities.

For local correctional facilities, the guidance says Maryland agencies may not:

• Notify federal immigration authorities that the person is in custody, unless required by a valid court order or judicial warrant.
• Transfer the person to federal immigration authorities, absent a valid judicial warrant.
• Inquire about or investigate the person’s citizenship or immigration status, except where the information is material to a routine booking procedure.

The guidance also treats immigration detainers as requests rather than automatic holds. It says local facilities are prohibited from holding someone beyond their release date based solely on an administrative request from ICE.

Maryland’s guidance also describes how the Act can require different steps for state correctional facilities. For example, it says that where the detained person is subject to a detainer tied to a Form I-205 administrative removal warrant, state facilities must notify ICE within 48 hours before release.

DOJ’s legal theory: Supremacy Clause preemption

In the complaint, DOJ frames the lawsuit as a Supremacy Clause dispute and argues that Maryland’s restrictions conflict with Congress’s immigration-enforcement framework. DOJ alleges that the Act restricts what state and local law enforcement officials may do regarding immigration detainers and certain civil immigration warrants, and that it limits information-sharing and related cooperation.

Maryland’s response

Attorney General Anthony Brown disputes DOJ’s framing. In a statement published after the filing, Brown said the Community Trust Act does not prohibit Maryland law enforcement from working with federal authorities on criminal matters and does not stop federal officers from operating in Maryland. Brown said the Act governs only how Maryland’s own state and local resources may be used, and argued that the Constitution does not let the federal government compel states to carry out federal immigration enforcement.

What to watch next for local agencies and residents

Residents in Maryland are likely to see practical questions move to the courts: whether and how a judge narrows or pauses enforcement of the Community Trust Act while the case proceeds.

Procedurally, the next major steps typically involve briefing on DOJ’s request for immediate relief (such as a preliminary injunction), followed by more litigation over the merits. If the court grants preliminary or permanent injunctive relief, jurisdictions with similar “cooperation limits” could face new uncertainty about detainers, release notifications, and information-sharing rules.

For local agencies, the immediate takeaway is operational, not rhetorical: until there is a court order, agencies generally continue following existing Maryland policy and guidance. For residents, the key is accountability—track whether the court sets boundaries on what state and local officials can (or must) do in response to ICE requests while the case is pending.

Sources

• U.S. Department of Justice (Office of Public Affairs): “Justice Department Sues Maryland Over Sanctuary Policies” (July 9, 2026)
• Maryland Attorney General: Statement on DOJ’s lawsuit concerning Maryland’s Community Trust Act
• WTOP: “Justice Department sues Maryland over immigration policies” (coverage of filing and what Community Trust Act does)