Maryland attorney general’s bid for ICE records on Baltimore facility rejected by judge

A federal judge has dismissed Maryland Attorney General Anthony Brown’s bid for U.S. Immigration and Customs Enforcement records as part of the state’s investigation into the conditions inside a controversial Baltimore holding facility.

In January, Brown’s office issued a subpoena to the federal agency seeking a slew of documents regarding detained immigrants’ access to medical care, food, sanitation and more. Brown later said that federal officials “stonewalled” the investigation into possible constitutional violations, and he sought court intervention.

But U.S. District Judge Julie Rubin ruled late Thursday that the state lacked the authority to force ICE to hand over documents, calling the subpoena “fatally facially defective” and unenforceable by the court.

Brown’s office could not immediately be reached for comment. A representative from the Department of Homeland Security, which oversees ICE, acknowledged The Banner’s request for comment Friday, but has not provided one.

Last year, The Banner first reported allegations of overcrowding, unsanitary conditions and improper medical care inside the temporary holding cells located at 31 Hopkins Plaza in downtown Baltimore.

In January, a viral video purportedly recorded by a detained immigrant showed people lying on the floor of a jam-packed cell with foil blankets as someone pleaded for help. Brown’s probe followed shortly after.

The cells are designed to hold people temporarily — no more than 12 hours, per long-held ICE policy — while federal immigration officials issue paperwork for those they detain and then seek to transfer to a longer-term detention center. Federal immigration officials said they obtained an internal waiver to hold detained immigrants for longer periods of time at the facility despite its lack of basic amenities.

Maryland does not have any long-term immigrant detention facilities, and immigrants detained in the state are increasingly getting sent to far-flung facilities across the U.S. Increased enforcement and a lack of bed space have also meant that Maryland immigrants have spent multiple days inside the Baltimore facility without access to showers or beds.

Rubin’s ruling does not address the actual conditions of the facility, but rather the state’s legal standing to subpoena a federal agency.

Though Rubin has dismissed Brown’s lawsuit, a separate class action challenge regarding the conditions inside the facility continues before her. Last month, Rubin ordered more oversight measures in response to claims that ICE continued to overcrowd the facility in violation of her previous order