Maryland State Immigration Laws

Every state has its own rules that affect the daily lives of immigrants and the services they can access. States also have a significant say in how they enforce immigration laws.

In this article, you’ll learn about immigration rules and policies in the state of Maryland. Find information on:

• Law enforcement and immigration in Maryland
• Employment and immigration
• Maryland E-Verify requirements
• Driver’s license/ID requirements
• Public benefits restrictions
• Education checks
• Voting ID rules
• Housing ordinances and immigration
• How an immigration attorney can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in Maryland should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Maryland

Immigration laws are typically enforced by federal immigration authorities. But an increasing number of local and county law enforcement officials are helping investigate or pursue suspected immigration-related offenses.

A federal program once forced law enforcement officers to check arrestees’ immigration statuses. It also required police to fingerprint arrestees. This program was “Secure Communities.” Former President Donald Trump revived the program, which had expired in 2017. In 2021, President Joe Biden revoked the executive order.

Under the new program, only convicts’ names go into this system. The new program is the “Criminal Apprehension Program.” Information is shared with:

• The Federal Bureau of Investigation (FBI)
• The Department of Homeland Security (DHS) 
• U.S. Immigration and Customs Enforcement (ICE)

Employment Checks

Under federal law, employers should refer to federal employment eligibility verification rules. They should also refer to the Form I-9 requirements.

Maryland E-Verify Requirements

Driver’s License and ID Requirements

Applicants for driver’s licenses in Maryland must show documents proving their identity, lawful presence in the country, Social Security number, and home address in the state.

Public Benefits Restrictions

Under federal law, immigrants living here illegally may not get public benefits. But they can get emergency services, health care, and other programs that are “necessary to protect life and safety.”

Education Restrictions

Maryland allows qualifying immigrants without documentation to pay in-state tuition at state schools.

This benefit also extends to Deferred Action for Childhood Arrivals (DACA) recipients. DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

U visa holders can also use these benefits. A U visa gives work authorization in the same way that a green card does. Victims of certain crimes, like domestic violence and human trafficking, can get this type of visa.

It is also available to family members of victims. For example, a U visa provides lawful residence as a special immigrant status to the children of victims.

This visa can uphold basic human rights by providing noncitizen survivors with a safer, more stable foundation.

Voter ID Rules

Maryland does not have state-issued voter ID requirements. But legislative efforts to address voter ID are ongoing. In the meantime, baseline federal requirements for ID apply to first-time voters and registrants.

Housing Ordinances and Immigration

State laws do not address whether landlords must check the immigration status of applicants and tenants. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Immigration in Maryland: Other Resources

• Maryland Legal Aid — With this resource, you can find free or low-cost legal services.
• Maryland Immigrant Rights Coalition — This non-profit organization provides advocacy and other services to migrants. It has attorneys on staff, but can also connect you with an outside attorney. Interpreters are available.
• Esperanza Center — This is one of many Catholic charities in the state that offers services to immigrants and migrants. Those with disabilities can find resources beneficial to people struggling with such challenges.

There are also organizations in neighboring Washington, D.C. that offer free or low-cost legal services to low-income immigrants and migrants.

Legal Help Is Available for Immigration Issues in Maryland

It is natural to feel frustrated and lost in the immigration process. Understanding just how much authority the state has over immigration matters and which matters are within federal jurisdiction can be confusing, overwhelming, and stressful.

Expert legal services can be a key support in navigating the U.S. immigration system, whether you are a U.S. citizen or a non-citizen. An immigration attorney can help with several issues, including:

• Helping an asylum seeker facing a possible deportation or removal proceedings
• Obtaining a green card or becoming a lawful permanent resident
• Pursuing visas for you and your family members
• Managing communications with U.S. Citizenship and Immigration Services (USCIS)
• Appearing before the Board of Immigration Appeals (BIA)
• And more

People without documentation are a vulnerable group, even without the difficulties the U.S. immigration system tends to pose. Any immigration court can be intimidating, and lawyers can advocate for those in need of defense. 

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Maryland. Enter your city or ZIP code—whether in Baltimore, Silver Spring, Gaithersburg, or any other part of the state or Montgomery County—for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

If you can’t afford an attorney, some lawyers work pro bono. Working on a pro bono basis means attorneys offer legal services free of charge. If you need referrals, contact the Maryland State Bar Association. See the following section of this article for additional Maryland legal resources that may be available to you.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.