February 10, 2026
Mrs. McClain Delaney introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To prohibit the Department of Homeland Security, including U.S. Immigration and Customs Enforcement, from establishing or operating an immigration detention or holding facility in Washington County, Maryland, and for other purposes.
Section 1. Short title
This Act may be cited as the Keep ICE Out of Washington County, Maryland Act
.
Sec. 2. Findings
Congress finds the following:
(1)
Immigration detention and holding facilities have significant and lasting impacts on surrounding communities, including effects on public health, housing, infrastructure, and local services.
(2)
U.S. Immigration and Customs Enforcement has detained thousands of citizens and noncitizens without regard for due process or the rule of law, undermining key constitutional protections afforded to all people, regardless of status.
(3)
Detention conditions in U.S. Immigration and Customs Enforcement facilities across the country are inhumane and fall far short of our values as Americans.
(4)
Detained noncitizens are routinely denied medical care, access to counsel, and family visitation while in Immigration and Customs Enforcement custody.
(5)
Land-use planning and community development are traditionally matters of local concern, and Federal actions should respect community input and local priorities.
(6)
Residents and local officials in historic Washington County, Maryland, have raised substantial concerns regarding the siting of a Federal immigration detention or holding facility in their community.
(7)
Congress has authority to condition and prohibit the use of Federal funds and facilities.
Sec. 3. Prohibition on certain detention and holding facilities in Washington County, Maryland
(a) Prohibition
(1) In general
Notwithstanding any other provision of law, no covered agency may—
(A)
establish a detention or holding facility in Washington County, Maryland; or
(B)
operate, expand, or reopen any detention or holding facility in Washington County.
(2) Use of funds prohibited
No funds appropriated or otherwise made available to any covered agency may be obligated or expended for any purpose described in paragraph (1).
(b) Enforcement
(1) Judicial review
Any resident of Washington County, Maryland, the government of Washington, County, a Member of Congress, or the State of Maryland shall have standing to bring an action in the United States District Court for the District of Maryland to enforce this section.
(2) Relief
In any action brought under paragraph (1), the court may grant declaratory and injunctive relief, including an order prohibiting any activity in violation of this section.
(c) Definitions
In this section:
(1) Covered agency
The term covered agency
means the Department of Homeland Security and any of its components, including U.S. Immigration and Customs Enforcement.
(2) Detention or holding facility
The term detention or holding facility
means any facility used primarily for the civil detention or holding of noncitizens, including facilities operated directly by the Federal Government or through contracts, intergovernmental service agreements, or private entities.