PolicyBrief
H.R. 7470
119th CongressFeb 10th 2026
Keep ICE Out of Washington County, Maryland Act
IN COMMITTEE

This bill prohibits the Department of Homeland Security and ICE from establishing or operating any civil detention or holding facility for noncitizens in Washington County, Maryland.

April McClain Delaney
D

April McClain Delaney

Representative

MD-6

LEGISLATION

New Bill Bans Federal Immigration Detention Facilities in Washington County, Maryland: Direct Legal Power Given to Local Residents.

The 'Keep ICE Out of Washington County, Maryland Act' is a targeted piece of legislation that draws a hard line in the sand for federal immigration authorities. It explicitly prohibits the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) from setting up, running, or even expanding any civil detention or holding facilities for noncitizens within the borders of Washington County. This isn't just a suggestion; the bill cuts off federal funding entirely for these activities in the county and applies whether the government tries to run the facility itself or hires a private contractor to do the job.

Local Control and the Power to Sue

One of the most striking parts of this bill is who gets to enforce it. Usually, federal policy is a top-down affair, but Section 3 gives 'standing'—the legal right to sue—to everyday people. If you live in Washington County, you have the right to take the federal government to the U.S. District Court for the District of Maryland to stop a facility from opening. This same power is extended to the county government, the State of Maryland, and even members of Congress. It essentially turns local residents into watchdogs for their own backyard, ensuring that land-use decisions stay a local conversation rather than a federal mandate.

Why the Boundary Matters

The bill’s findings (Section 2) highlight that these facilities aren't just buildings; they impact local infrastructure, public health, and housing. For a local business owner or a resident, this means the bill is designed to prevent the sudden strain on local services that often follows the opening of large federal facilities. By citing concerns over 'inhumane conditions' and 'due process,' the legislation argues that these facilities don't align with community values. For the people living in Washington County, this provides a shield against the economic and social shifts that come with hosting a detention center, prioritizing historic preservation and local community development over federal enforcement expansion.

Challenges for Federal Agencies

While this is a win for local autonomy, it creates a significant logistical hurdle for federal agencies like ICE and DHS. If they had plans to utilize the strategic location of Washington County for regional operations, those plans are now effectively illegal. Private contractors who make a living building and managing these sites are also locked out of the county entirely. Because the bill is quite specific—it has a 'low' level of vagueness—there isn't much room for the government to argue that a 'holding center' is different from a 'detention facility.' If it houses noncitizens for civil immigration purposes, it’s banned, period.