Maryland House passes bills to hamper immigration detention facilities

The Maryland House of Delegates passed two bills Thursday to restrict the spread and impact of immigration detention facilities in the state, amid work by the Department of Homeland Security (DHS) and private companies to set up immigration detention centers. The legislation now goes to the State Senate.

One bill, HB 1017, that passed 98-36 require specific local zoning for private immigration detention centers, and another, HB 1018, that passed 98-37, would place minimum standards on all immigration detention centers and correctional facilities in the state. The two bills would immediately become law if signed by the governor. The Senate versions of these measures do not have hearings scheduled.

“We had those two bills today, HB 1017 and 1018, they’re really all about accountability,” House Government, Labor and Elections Committee Chair Del. Melissa Wells, a Baltimore City Democrat, said. “The intent is that we want to make sure that when we have facilities in our state, with regard to how they’re housing people that are in detention or incarcerated, that they’re meeting minimum standards and that we’re aware of any of the impacts it could have on the local community.”

House Republicans, including Minority Leader Del. Jason Buckel of Allegany County, said that the legislation imposing minimum standards on immigration detention centers would go against the Constitution’s Supremacy Clause, which says that federal law outweighs state law. He added that the part of the legislation on minimum standards could not be used against a federal immigration facility.

“I don’t want anyone in this room to think that you have the power and the ability to do the things that you’re telling the activists and the advocates, on Lawyer’s Mall, that you’re going to do,” Buckel said.

Mounting immigration bills

There are several ICE-related bills being considered by the Maryland General Assembly. The first bill passed by the Maryland General Assembly in the 2026 session was to end formal agreements between local law enforcement agencies and ICE. The Senate has passed a bill to prohibit all law enforcement agents from wearing face coverings, which is awaiting a vote in the House of Delegates.

HB 1018, sponsored by Montgomery County Democrat Del. Vaughn Stewart, would require the minimum care and condition standards applicable to incarcerated people in the state to also apply to detainees in immigration facilities. Facilities would have to have reliable utilities, functioning heat control, and an emergency power system. The legislation would also require reporting by health care workers and security guards if certain regulations are not being followed. If an immigration detention facility or other correctional facility is found to have life-threatening or health-endangering conditions, the legislation would allow the Maryland Commission on Correctional Standards to close the facility.

“Our community cannot handle the burdens if we have a health or a safety failure at one of these detention centers,” Del. Matthew Schindler, a Washington County Democrat, said on the House floor, referencing the incoming ICE facility. Schindler said the small town of Williamsport, where the warehouse is located, already has long emergency room wait times, and that the use of utilities by the facility could cost taxpayers.

In a confidential letter from Maryland Assistant Attorney General Natalie Bilbrough shared with The Baltimore Sun by the House Republican Caucus, Bilbrough argued that HB 1018 legislation is “not clearly unconstitutional,” but could present “significant legal risk” if the legislation is enforced on federal agencies, including ICE.

Stewart said in an interview with the Sun that the legislation does not specifically target the federal government, instead just includes immigration facilities under policies monitoring safety and energy use in all correctional institutions. He said that while the Washington County facility was one reason for the bill, as was general concerns about the impacts on the power grid and healthcare system caused by any large correctional center.

The zoning bill, sponsored by Wells, would require specific local zoning for private immigration detention centers to operate or be approved. The legislation was supported by Howard County Executive Calvin Ball, who argued in a hearing earlier this month that the legislation allows local government to have more oversight into incoming facilities that could have a major impact on their communities.

“We want to make sure that moving forward, if folks want to have the detention center, that that local jurisdiction is aware that it will be coming and that they have expressed zoning established for that purpose.” Wells said in an interview with the Sun.

ICE in Maryland

The bills come as the U.S. Immigration and Customs Enforcement (ICE) attempts to increase its presence in the state, amid a nationwide immigration crackdown.

In January, the Department of Homeland Security has purchased a warehouse in Washington County to turn into an immigration detention center housing up to 1,500 detainees. The Washington County Board of County Commissioners voted on Feb. 10 in support of DHS and Immigration and Customs Enforcement (ICE) activity in the county. Maryland Attorney General Anthony Brown sued the Trump administration on Monday to stop the warehouse from being turned into an immigration detention center.

The Howard County Council stopped a private immigration detention center from attempting to set up in Elkridge earlier this month through emergency legislation. The Baltimore County Council passed a bill on Feb. 17 to ban private immigration detention centers after reports said an ICE field office was coming to the county.

A processing facility in Baltimore City has been the subject of two tours by members of Congress after a viral video showed crowded conditions in the facility during the January snowstorm.

State Senate President Bill Ferguson has not specifically endorsed either bill, but said on Tuesday during a reporter roundtable that he anticipates moving forward with legislation related to immigration detention centers. Ferguson said there are methods the state government can take to regulate the facilities, especially through health and safety standards, that does not violate the supremacy of federal laws over state laws.

________