Keep ICE Out of Washington County, Maryland Act
- Sponsor
- Rep. McClain Delaney, April [D-MD-6]
- Committees
- Homeland Security Committee (primary)
- Last action
- Feb 11, 2026
Bottom line
The bill aims to prevent any federal immigration detention facility from being located or operated within Washington County, Maryland, by statutory prohibition and funding restrictions.
What it actually does
This bill prohibits the Department of Homeland Security (DHS) and its components, including U.S. Immigration and Customs Enforcement (ICE), from establishing, operating, expanding, or reopening any immigration detention or holding facility in Washington County, Maryland. It also explicitly forbids the use of federal funds for such purposes and grants specific entities, including residents and the State of Maryland, standing to sue in federal court to enforce this prohibition.
Proponents argue
Proponents argue that this bill is necessary to protect Washington County, Maryland, from the negative impacts associated with immigration detention facilities, citing concerns about public health, housing, infrastructure, and local services. They contend that such facilities often operate with inhumane conditions, denying detainees due process, medical care, and access to counsel, which undermines American values. Furthermore, supporters emphasize that land-use planning is a local concern and federal actions should respect community input.
Opponents contend
Opponents would likely argue that this bill unduly restricts the operational flexibility of federal immigration enforcement agencies like ICE. They might contend that ICE needs the discretion to establish and operate facilities where necessary to manage the detention of noncitizens, especially given national immigration priorities and border security concerns. Critics could also argue that a geographically specific prohibition sets a problematic precedent, potentially hindering federal government functions based on localized opposition.
The bill is very short and clearly written, making it highly accessible for any reader to understand its core provisions quickly.
Section 3(a)
Prohibition on Detention and Holding Facilities
This section explicitly prohibits the Department of Homeland Security (DHS) and any of its components, including U.S. Immigration and Customs Enforcement (ICE), from establishing, operating, expanding, or reopening any immigration detention or holding facility within Washington County, Maryland. It further states that no federal funds appropriated to these agencies may be used for any of these prohibited activities.
Supporters argue
Supporters argue this prohibition is essential to prevent the negative social, economic, and humanitarian consequences that immigration detention facilities often bring to local communities. They highlight concerns about public health, infrastructure strain, and the documented inhumane conditions in many ICE facilities, asserting that Washington County should be spared these burdens.
Critics contend
Opponents would likely contend that this provision unduly limits the federal government's ability to manage immigration enforcement and detention needs. They might argue that ICE requires flexibility in facility siting to efficiently process and detain noncitizens, and that a blanket prohibition in a specific county could create logistical challenges or force facilities into less suitable locations.
Tradeoffs
The provision balances the desire for local control and protection from perceived negative impacts against the federal government's need for operational flexibility in immigration enforcement. It creates a tension between community autonomy and national security/enforcement mandates.
Section 3(b)
Judicial Review and Enforcement
This section grants specific parties the legal right, or standing, to file a lawsuit in the United States District Court for the District of Maryland to ensure that the prohibition on detention facilities in Washington County is enforced. The parties granted standing include any resident of Washington County, the government of Washington County, a Member of Congress, or the State of Maryland. The court is authorized to issue declaratory judgments and injunctive relief, such as orders to stop any activity that violates the prohibition.