Montgomery County Council unanimously passes 'ICE Out' ban on privately operated detention facilities

On April 21 the Montgomery County Council voted unanimously to approve Expedited Bill 13‑26, a local measure prohibiting the Department of Permitting Services from issuing building or use‑and‑occupancy permits for privately owned immigration detention facilities. The item was amended on the floor to broaden the definition to cover private detention facilities generally (matching recently enacted state language) before the roll‑call vote.

Council Member Evan Glass, the bill sponsor, framed the measure as a protective action for immigrant residents and communities and said it prevents the permitting process from being used to site privately managed detention centers. "The ICE out act is very simple. It prohibits the department of permitting services from issuing permits and use and occupancy permits for privately owned immigration detention facilities," Glass said.

Council staff briefed members about House Bill 1017, passed by the Maryland General Assembly on April 13, 2026. Staff explained the state law prohibits local approval of private detention centers and includes a contingency that, if part of the state law were overturned, would leave local zoning controls to prohibit facilities not expressly allowed in the underlying zone. Council Member Don Luki successfully moved an amendment to adopt the state's broader definition of private detention facilities; he withdrew a separate amendment that would have added a federal‑process compliance checklist.

The council held a roll‑call vote after amendments and passage in committee. The clerk read the roll call and the council voted yes unanimously. The approved local law mirrors and reinforces the state action and was presented as a proactive measure to protect county residents.