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
Representative
MD-6
This bill, the "Keep ICE Out of Washington County, Maryland Act," prohibits the Department of Homeland Security and ICE from establishing, operating, or expanding any civil immigration detention or holding facility within Washington County, Maryland. It also bars the use of federal funds for such purposes in the county. The legislation allows residents, local government, and members of Congress to sue to enforce this prohibition.
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.
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.
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.
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.