Government & Politics

‘Setting an example’: MoCo Council bans private immigration detention centers 

ICE Out Act may not be needed if Gov. Wes Moore (D) signs similar bill passed by state legislature 

By

Ceoli Jacoby

April 21, 2026 3:45 p.m.

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Private immigration detention centers will be effectively banned in Montgomery County after the County Council’s unanimous vote Tuesday to pass the ICE Out Act — but the local law may not be necessary if Gov. Wes Moore (D) signs a similar bill to prevent jurisdictions across the state from approving the facilities.

“We have great allies in the Maryland General Assembly,” said council President Natali Fani-González (D-Dist. 6) ahead of the council’s vote on Tuesday. “The fact that we don’t need this local bill anymore is awesome, but we’re gonna still pass it.” 

Councilmember Evan Glass (D-At-large) introduced the proposed ICE Out Act in March with the support of the full council. ICE stands for U.S. Immigration and Customs Enforcement.

The bill will prohibit the county’s Department of Permitting Services from issuing building or use-and-occupancy permits for would-be private immigration detention centers. County Executive Marc Elrich (D) has said he will sign the bill into law.

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“Some jurisdictions are actually behind the ball and are working to revoke permits as those facilities are being built,” Glass said in his comments before the vote.  

“We are being proactive to protect our immigrant neighbors,” Glass continued, adding that Montgomery County “is setting an example across Maryland and the region.” 

ICE in Maryland

The passage of the ICE Out Act comes amid a legal battle between Maryland and U.S. Immigration and Customs Enforcement over a planned immigration detention center in Washington County. 

Also in Maryland, the private owner of a planned detention facility is suing Howard County for revoking its permit pursuant to emergency legislation passed in February. 

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Earlier this month, the General Assembly passed similar legislation to prevent counties, municipalities and the Maryland-National Capital Park and Planning Commission from approving the construction or operation of a private detention facility. 

That bill, HB1017, is awaiting Moore’s signature. If signed into law, it would take effect immediately. The Maryland Office of the Attorney General would be responsible for enforcing the ban through civil action. 

Before adopting the local bill, the council agreed with Councilmember Dawn Luedtke’s (D-Dist. 7) proposal to amend the definition of a detention center to bring it more in line with the state bill. 

“Merging those two and finding ways so that there is less daylight is important,” Glass said, noting that the state’s definition did not yet exist when he drafted the local bill. 

In a Tuesday press release, Viviana Lozano, Maryland deputy organizing director at the immigrant advocacy group We Are CASA, called the passage of the ICE Out Act a “victory.” 

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“This bill is the direct result of our members and staff bravely organizing, speaking their truth, and refusing to back down, and the result is clear: Montgomery County will now be a safer, more humane place for every family we represent,” Lozano said.  

More local legislation

The ICE Out Act is the third immigration-related bill the council has adopted this year. 

In February, the council voted unanimously to pass the Trust Act, which among other changes prevents the county from entering into formal agreements with ICE through the federal 287(g) program. Moore signed a law the same month to ban participation in the program statewide. 

Last month, the council unanimously passed The County Values Act, which prohibits ICE from staging or conducting enforcement operations in county-owned or county-controlled facilities including parking areas, garages and vacant lots.   

The County Values Act also calls for the creation of an online portal where people can report unauthorized use of county facilities for immigration enforcement activity. The Office of the County Attorney could use reports from the online portal to assist in enforcing the prohibition.  

Two other immigration-related bills are making their way through the council’s legislative process.  

The Vehicle Recovery Act, sponsored by Councilmember Kate Stewart (D-Dist. 4), would enable 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.   

The Unmask ICE Act, sponsored by Councilmember Will Jawando (D-At-large), would prevent law enforcement officers from wearing masks while on duty in the county in most cases. 

Both the Vehicle Recovery and Unmask ICE Acts advanced out of committee last week and will head to the full council for final votes on April 28. 

Glass and Jawando, along with Councilmember Andrew Friedson (D-Dist. 1), are seeking the Democratic nomination for county executive in the June 23 primary election.  

Also running for county executive this year are Democrats Mithun Banerjee and Peter James as well as Republicans Esther Wells and Shelly Skolnick. Elrich cannot seek re-election due to term limits and is seeking one of four at-large council seats instead. 

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Originally published at Bethesdamagazine