Immigration Laws in Maryland (2026): What You Need to Know
Maryland is home to hundreds of thousands of immigrants. Understanding the state’s laws can help you protect your rights and your family.
This guide covers Maryland’s key immigration laws, what changed recently, and where to get help.
What Is Immigration Law?
Immigration law controls who can enter, live, and work in the United States. Most immigration law is federal law. That means the U.S. government makes the rules — not individual states.
But Maryland has passed its own laws too. These state laws affect how police interact with immigrants. They also affect access to services like driver’s licenses and college tuition.
Maryland’s Approach to Immigration
Maryland is known for being immigrant-friendly. The state has a large immigrant population. It has passed laws to protect immigrants’ rights and limit cooperation with federal enforcement.
That said, federal immigration law still controls most things. ICE (Immigration and Customs Enforcement) still operates in Maryland. Federal agents can still make arrests.
The Maryland Values Act
What It Does
Maryland passed the Values Act (HB 16) in 2023. It limits how local police can help federal immigration agents.
Under the Values Act, local police cannot detain someone just because of their immigration status. Police cannot tell ICE when someone is being released from jail without a judicial warrant. Agencies must stop following ICE detainer requests unless the law specifically requires it.
The 287(g) Ban — Big News in 2026
A 287(g) agreement lets local police act like federal immigration agents. Nine Maryland counties had signed these agreements.
In early 2026, the Maryland legislature passed a bill banning 287(g) agreements statewide. Governor Wes Moore signed it into law. All existing agreements must end by July 2026.
This is a major change for Maryland immigrants. It means local police in most parts of the state can no longer directly partner with ICE to arrest and hold immigrants.
Driver’s Licenses for Immigrants
Can Undocumented Immigrants Get a License?
Yes. Maryland allows undocumented immigrants to get a driver’s license. This policy started with the Maryland Highway Safety Act of 2013.
The main goal was road safety. Licensed drivers must be tested and can get car insurance.
What Kind of License?
Undocumented immigrants get a “non-compliant” license. It looks similar to a regular license. But it has a marking that shows it is not a federal ID.
You cannot use this license to board a plane. You cannot use it to enter federal buildings. But you can use it to drive legally in Maryland.
Requirements to Apply
You need to file two years of Maryland income tax returns. You can do this with an Individual Taxpayer Identification Number (ITIN) — you do not need a Social Security number. You also need proof of identity (like a foreign passport) and two documents showing you live in Maryland.
Education Rights for Immigrants
In-State Tuition
Maryland has its own version of the DREAM Act. Undocumented students can pay in-state tuition at Maryland public colleges and universities.
To qualify, you must have attended and graduated from a Maryland high school. You also need to enroll in college within six years of graduating. This law was updated in 2019 to make it easier to qualify.
State Financial Aid
Maryland also offers state financial aid to undocumented students. This includes grants and scholarships. Students must fill out the Maryland State Financial Aid Application (MSFAA) instead of the federal FAFSA.
Professional Licenses
Since 2023, undocumented immigrants can apply for professional and occupational licenses in Maryland. Immigration status cannot be used to deny a license if you meet all other requirements. This applies to jobs like nursing, cosmetology, and other licensed careers.
Access to Benefits and Services
Healthcare
Lawfully present immigrants — including green card holders, refugees, and DACA recipients — can get health insurance through Maryland Health Connection. This is the state’s marketplace under the Affordable Care Act (ACA).
Undocumented immigrants generally cannot get Medicaid. But there are exceptions. Emergency Medicaid covers urgent medical care. Maryland’s Healthy Babies program covers prenatal care and delivery for all pregnant women, regardless of immigration status.
Child Support
Immigration status does not affect child support in Maryland. You can receive or pay child support no matter your status. Maryland courts do not consider immigration status when ordering child support.
Other Benefits
Many state services are available to all Maryland residents, including immigrants. Adult Protective Services, for example, is open to all residents regardless of status.
Your Rights When Interacting with Police
What Officers Can and Cannot Do
Maryland police cannot ask about your immigration status during routine stops. They cannot use immigration status to intimidate or coerce you. They are not allowed to transfer you to ICE custody unless a judge has signed a warrant.
What You Should Do
You have the right to remain silent. You do not have to answer questions about where you were born or your citizenship. You can say: “I am exercising my right to remain silent.”
You have the right to speak with a lawyer before answering questions. Do not sign any documents without first talking to an attorney.
Federal Immigration Law Still Applies
Even though Maryland has protective laws, federal law is supreme. ICE agents can still operate in Maryland. They can make arrests without involving local police.
Federal enforcement has increased since 2025 under the Trump administration. Over 3,000 immigrants were arrested by ICE in Maryland in a single year. Knowing your rights is more important than ever.
Sensitive Locations
The 2025 legislative session included guidance on “sensitive locations.” These are places like churches, schools, and hospitals. The law directs state agencies to provide guidance on how to respond if immigration agents show up at these locations.
How to Protect Yourself
The most important step is to make a safety plan. This means knowing what to do if you or a family member is detained.
Name a trusted person who can pick up your children. Write down important phone numbers. Keep copies of important documents in a safe place.
Consider signing a power of attorney so someone can manage your affairs if you are detained. Talk to an immigration attorney about your specific situation.
Where to Get Legal Help
Several organizations in Maryland provide free or low-cost immigration legal help.
CASA – A major immigrant advocacy and legal services organization in Maryland. Website: wearecasa.org
Maryland People’s Law Library – Free legal information and resources. Website: peoples-law.org
Maryland Department of Human Services – Information on benefits and services. Website: dhs.maryland.gov
Baltimore City Mayor’s Office of Immigrant Affairs – Resources for Baltimore residents.
Montgomery County Immigration Legal Services – Resources for Montgomery County residents.
Frequently Asked Questions
Can ICE arrest me in Maryland even with the new laws?
Yes. ICE is a federal agency. State laws limit what local police can do, but they do not stop federal agents from making arrests.
Can I get a Maryland driver’s license without a green card?
Yes. Maryland allows undocumented immigrants to get a non-compliant driver’s license. You must file two years of Maryland income taxes and show proof of residency.
Can my child go to school in Maryland regardless of immigration status?
Yes. All children in Maryland have the right to a public education. Schools cannot ask about immigration status.
What does the 287(g) ban mean for me?
Starting July 2026, local police across Maryland can no longer formally partner with ICE to act as immigration agents. This reduces — but does not eliminate — the risk of being detained after a local arrest.
Can I get healthcare in Maryland as an undocumented immigrant?
Access is limited but not zero. Emergency Medicaid covers urgent care. The Healthy Babies program covers pregnancy care. Lawfully present immigrants can buy health insurance through Maryland Health Connection.
Can my child qualify for in-state tuition even if I are undocumented?
Yes, if your child attended and graduated from a Maryland high school and meets the other requirements. They may also qualify for state financial aid.
Final Thoughts
Maryland has taken real steps to protect its immigrant communities. The new 287(g) ban, in-state tuition, driver’s licenses, and healthcare access are all important protections.
But immigration law is complex and changing fast. What is true today may change tomorrow. The best thing you can do is stay informed, know your rights, and connect with legal help.
If you or a family member is facing an immigration issue, reach out to a qualified immigration attorney or a nonprofit legal aid organization as soon as possible.
References
- Maryland Values Act (HB 16, 2023) – Maryland General Assembly mgaleg.maryland.gov
- Maryland 287(g) Ban (HB 444 / SB 245, 2026) – CBS Baltimore Coverage cbsnews.com/baltimore
- Maryland MVA – Non-Compliant Driver’s Licenses mva.maryland.gov
- Maryland People’s Law Library – Immigration peoples-law.org
- Maryland Department of Human Services – Immigration Enforcement Info dhs.maryland.gov
- Higher Ed Immigration Portal – Maryland higheredimmigrationportal.org
- Maryland Matters – Immigration Coverage (2025–2026) marylandmatters.org
This article is for informational purposes only. It is not legal advice. Immigration law is complex. Please consult a licensed immigration attorney for advice about your specific situation.
