Davis, In Letter To DOJ, 'Unable' To Respond To 'Sanctuary City' Demands

Baltimore Police Commissioner Kevin Davis responded Monday to the Department of Justice threat to exclude Baltimore and three other cities from an anti-violent crime partnership based on policies for working with federal immigration authorities.

That response, from Davis: federal officials are asking the wrong agency.

The letter sent to the Baltimore Police Department on Aug. 2 asked about whether the jurisdiction provided access to detention facilities by Department of Homeland Security personnel, whether the jurisdiction provided advance notice to federal authorities before releasing an immigrant wanted by federal authorities, and whether the jurisdiction will honor a written DHS request to hold a foreign national for up to 48 hours beyond their release date in order for that person to be taken into custody.

Davis noted, however, the city's correctional and detention facility is controlled by state authorities. As a matter of policy, Baltimore police officers don't ask questions about subjects' immigration status, but do honor criminal arrest warrants from federal agencies.

"We are unable to provide an answer to any of these questions because the correctional and detention facilities are not under our control," Davis said. "it appears that our answers to these three questions are somehow determinative of our eligibility for the [Public Safety Partnership] program."

After Attorney General Jeff Sessions announced the plans to exclude Baltimore and other cities, a state corrections spokesman said that the state's facilities have followed federal policies on immigration matters since a 2015 request from the Obama administration, and that they already alert Immigration and Customs Enforcement both after an arrest and 48 hours before the end of an affected inmate's sentence.

The PSP program enlists federal agents, analysts and resources to help communities find solutions to crime. Baltimore is in the midst of a violent year and on pace for a record murder rate.

Maryland Attorney General Brian Frosh, in May, warned that state and local officials risk civil liability if they enforce federal immigration laws or honor most federal detainers.

"Rest assured, BPD is committed to reducing violent crime of all types regardless of who commits those crimes," Davis wrote. "On its face, the type of assistance provided through the PSP program could help the City in reducing violent crime. It is perplexing, however, to make that assistance contingent upon policies and practices surrounding something that is not under control."

He also expressed his concern that the demands send the wrong message to immigrants in Baltimore.

"Public safety depends on all communities, regardless of immigration status, having trust in law enforcement," he wrote. "Without this trust, immigrants may be less likely to communicate with the police, report crimes, or seek assistance upon becoming a victim."