MoCo Council bans mask-wearing by ICE agents, other law enforcement
Measure to sunset after Maryland policing commission finalizes statewide policy
By
Ceoli JacobyApril 28, 2026 5:35 p.m.
Share
Facebook X ReddIt Email Print Copy URL
Law enforcement officers including federal immigration agents will be banned from wearing masks while on duty in Montgomery County under a new law unanimously passed by the County Council on Tuesday.
The Unmask ICE Act, sponsored by Councilmember Will Jawando (D-At-large), will make it illegal for law enforcement officers to wear face coverings while working in Montgomery County. ICE stands for U.S. Immigration and Customs Enforcement.
County Executive Marc Elrich (D) intends to sign the measure into law, county spokesperson Scott Peterson told Bethesda Today after the council’s vote on Tuesday.
There are some exceptions to the prohibition on masks. Under the bill, officers would still be able to wear medical masks and those designed to prevent exposure to smoke or biological or chemical agents. Masks could also be worn during water rescue or SWAT operations.
- Advertisement -
“The federal immigration enforcement that we’re seeing here and across the country is not about keeping residents safe,” Jawando said ahead of Tuesday’s vote at the council office building in Rockville. “It’s about making people afraid and creating instability in our communities.”
He said masks worn by federal immigration agents “contribute to that fear and instability.”
State legislation
The Unmask ICE Act mirrors a similar bill passed by the Maryland General Assembly on April 13, the final day of the 2026 legislative session.
The bill, SB0001, requires the Maryland Police Training and Standards Commission to develop a policy prohibiting law enforcement officers from using face coverings and requiring them to wear identification while on duty in the state. As of Tuesday, it was awaiting the signature of Gov. Wes Moore (D).
Sponsored
Your Neighborhood, Our Expertise: DC’s Most Trusted Real Estate Team
Modifying Child Custody in Maryland: When and Why a Change May Be Appropriate
Featured Now
The county’s Unmask ICE Act would sunset once the state policing commission adopts its policy on masking. Jawando said Tuesday it is not clear when that will happen.
“It could take more than a year, so we want to make sure that we’re covered in the interim,” he said.
Last month, councilmembers publicly quibbled about whether to wait for the outcome of the state bill before taking up Jawando’s proposed Unmask ICE Act.
Councilmember Sidney Katz (D-Dist. 3), who chairs the council’s Public Safety Committee, wanted to wait. At the time, he said he supported Jawando’s bill but believed “the stronger legislation comes from the state of Maryland.”
Jawando wanted the council to consider his bill in tandem with the County Values Act, which Councilmember Kristin Mink (D-Dist. 5) introduced on the same day as he introduced the Unmask ICE Act.
- Advertisement -
Ultimately, Katz’s preferred timeline prevailed. The council unanimously adopted Mink’s bill on March 24, banning the use of county-owned parking areas and vacant lots as staging areas for immigration enforcement operations. The Public Safety Committee reviewed Jawando’s bill on April 17 and voted to advance it to the full council with some minor changes.
One of those changes was to require the creation of a portal where police officers and residents can report violations of the mask ban. Jawando told Bethesda Today on Tuesday the portal will likely be the same as the one mandated by Mink’s bill to report violations.
Questions about enforcement
Though the council voted unanimously to pass the Unmask ICE Act, some members still have doubts about the extent to which it can be enforced.
Councilmember Dawn Luedtke (D-Dist. 7), who sits on the Public Safety Committee, said it was clear from the committee’s review of the bill that while the county government can speak out against ICE and document the agency’s activities, it cannot force federal agents to unmask.
“We don’t have that ability or that authority,” Luedtke said. “This gives us something to put in place now until whatever the state develops as a guideline comes out.”
She added the county will need to continue monitoring court decisions on similar laws passed by other jurisdictions.
The Trump administration in November challenged a California state law banning federal immigration agents from wearing masks.
A federal court in February blocked the state from enforcing the law as written because it did not apply equally to state law enforcement officers, but left open the possibility of future legislation banning masks.
Asked at a Jan. 20 press conference about the possibility of a similar challenge to the proposed Montgomery County law, Jawando responded bluntly. “If we get sued, we get sued,” he said. “But we’re doing the right thing.”
Immediately after passing the Unmask ICE Act, the council voted unanimously to adopt the Vehicle Recovery Act, which also relates to immigration enforcement.
Sponsored by Councilmember Kate Stewart (D-Dist. 4), it enables family members of those detained by ICE to recover their vehicles from tow lots using commonly accepted forms of photo identification and documents demonstrating a relationship to the vehicle’s owner.
Elrich also intends to sign the Vehicle Recovery Act into law, he wrote in his weekly newsletter on April 17.
Jawando and his fellow Councilmembers Evan Glass (D-At-large) and Andrew Friedson (D-Dist. 1) are seeking the Democratic nomination for county executive in the June 23 primary election. Elrich cannot seek re-election and is instead running for one of four at-large council seats. Luedtke, Stewart and Mink are seeking re-election to their seats on the council.
A list of other candidates running in these races is available here.
Digital Partners
Originally published at Bethesdamagazine