Shown verbatim: the complete text as captured from the official PDF posted by the Maryland General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
WES MOORE, Governor Ch. 173
Chapter 173
(House Bill 1017)
AN ACT concerning
Correctional Services – Private Immigration Detention Facilities – Zoning
Requirement
FOR the purpose of prohibiting the State or a unit of local government from approving the
use of a building or, structure, or other real property for use as an immigration a
detention facility by a private entity unless certain zoning authority applies;
establishing a certain penalty for a certain violation; authorizing the Attorney
General to bring a civil action to enforce this Act; applying this Act retroactively; and
generally relating to immigration detention facilities.
BY repealing and reenacting, without amendments,
Article – Correctional Services
Section 1–101(a) and (j)
Annotated Code of Maryland
(2025 Replacement Volume)
BY adding to
Article – Correctional Services
Section 1–103
Annotated Code of Maryland
(2025 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Correctional Services
1–101.
(a) In this article the following words have the meanings indicated.
(j) “Immigration detention facility” means any building, facility, or structure
used, in whole or in part, to house or detain individuals for federal civil immigration
violations.
1–103.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
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Ch. 173 2026 LAWS OF MARYLAND
(2) (I) “DETENTION FACILITY” MEANS ANY BUILDING, FACILITY,
OR STRUCTURE USED, IN WHOLE OR IN PART, TO HOUSE OR DETAIN INDIVIDUALS
FOR CIVIL OR CRIMINAL VIOLATIONS.
(II) “DETENTION FACILITY” INCLUDES AN IMMIGRATION
DETENTION FACILITY.
(III) “DETENTION FACILITY” DOES NOT INCLUDE A FACILITY:
1. A. THAT IS A HEALTH CARE FACILITY LICENSED
UNDER TITLE 19 OF THE HEALTH – GENERAL ARTICLE; OR
B. THAT IS A RESIDENTIAL CHILD CARE PROGRAM OR
CHILD PLACEMENT AGENCY LICENSED UNDER TITLE 5, SUBTITLE 5 OF THE FAMILY
LAW ARTICLE; AND
2. WHOSE PRIMARY PURPOSE IS TO PROVIDE HEALTH
CARE, TREATMENT, EDUCATION, OR REHABILITATION SERVICES.
(3) “UNIT OF LOCAL GOVERNMENT” MEANS A COUNTY, A
MUNICIPALITY, OR THE MARYLAND–NATIONAL CAPITAL PARK AND PLANNING
COMMISSION.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATE OR A
UNIT OF LOCAL GOVERNMENT MAY NOT APPROVE THE CONSTRUCTION OR
OPERATION OF A BUILDING, A STRUCTURE, OR OTHER REAL PROPERTY TO BE USED
BY A PRIVATE ENTITY AS A DETENTION FACILITY.
(C) A PRIVATE ENTITY MAY NOT OPERATE OR OCCUPY A BUILDING, A
STRUCTURE, OR OTHER REAL PROPERTY AS A DETENTION FACILITY.
(D) FOR PURPOSES OF THIS SECTION, A BUILDING, A STRUCTURE, OR OTHER
REAL PROPERTY SHALL BE CONSIDERED PROPOSED FOR USE AS A DETENTION
FACILITY, REGARDLESS OF HOW THE USE IS DESCRIBED IN AN APPLICATION OR
PERMIT REQUEST, IF:
(1) INDIVIDUALS ARE INTENDED TO BE HELD IN INVOLUNTARY
CUSTODY AND WILL NOT BE FREE TO LEAVE; OR
(2) THE DESIGN, CONSTRUCTION, OR IMPROVEMENTS INCLUDE
FEATURES CONSISTENT WITH SECURE OR INVOLUNTARY CONFINEMENT,
INCLUDING:
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WES MOORE, Governor Ch. 173
(I) PERIMETER SECURITY MEASURES DESIGNED TO PREVENT
OCCUPANTS FROM LEAVING;
(II) CONTROLLED ACCESS POINTS; OR
(III) LOCKED HOLDING AREAS.
(E) (1) THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION TO
ENFORCE THIS SECTION.
(2) THE COURT MAY ISSUE TEMPORARY, PRELIMINARY, OR
PERMANENT INJUNCTIVE RELIEF TO PREVENT AN ACT THAT WOULD CONSTITUTE A
VIOLATION OF THIS SECTION.
(F) A PRIVATE ENTITY THAT OPERATES OR ATTEMPTS TO OPERATE A
DETENTION FACILITY IN VIOLATION OF THIS SECTION IS SUBJECT TO A CIVIL
PENALTY NOT EXCEEDING $10,000 FOR EACH DAY THE VIOLATION CONTINUES.
(G) THE REMEDIES PROVIDED UNDER THIS SECTION ARE IN ADDITION TO
ANY OTHER REMEDY AVAILABLE UNDER STATE OR LOCAL LAW.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Correctional Services
1–103.
(A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) (I) “DETENTION FACILITY” MEANS ANY BUILDING, FACILITY,
OR STRUCTURE USED, IN WHOLE OR IN PART, TO HOUSE OR DETAIN INDIVIDUALS
FOR CIVIL OR CRIMINAL VIOLATIONS.
(II) “DETENTION FACILITY” INCLUDES AN IMMIGRATION
DETENTION FACILITY.
(III) “DETENTION FACILITY” DOES NOT INCLUDE A FACILITY:
1. A. THAT IS A HEALTH CARE FACILITY LICENSED
UNDER TITLE 19 OF THE HEALTH – GENERAL ARTICLE; OR
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Ch. 173 2026 LAWS OF MARYLAND
B. THAT IS A RESIDENTIAL CHILD CARE PROGRAM OR
CHILD PLACEMENT AGENCY LICENSED UNDER TITLE 5, SUBTITLE 5 OF THE FAMILY
LAW ARTICLE; AND
2. WHOSE PRIMARY PURPOSE IS TO PROVIDE HEALTH
CARE, TREATMENT, EDUCATION, OR REHABILITATION SERVICES.
(3) “UNIT “UNIT OF LOCAL GOVERNMENT” MEANS A COUNTY, A
MUNICIPALITY, OR THE MARYLAND–NATIONAL CAPITAL PARK AND PLANNING
COMMISSION.
(B) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATE
OR A UNIT OF LOCAL GOVERNMENT MAY NOT APPROVE THE USE CONSTRUCTION OR
OPERATION OF A BUILDING OR, STRUCTURE, OR OTHER REAL PROPERTY AS FOR AN
IMMIGRATION DETENTION FACILITY BY A PRIVATE ENTITY TO BE USED BY A PRIVATE
ENTITY AS A DETENTION FACILITY UNLESS THE IMMIGRATION DETENTION FACILITY
IS EXPRESSLY INCLUDED IN THE APPLICABLE ZONING AUTHORITY BUILDING,
STRUCTURE, OR OTHER REAL PROPERTY IS LOCATED IN A ZONE THAT EXPRESSLY
AUTHORIZES IMMIGRATION PRIVATE DETENTION FACILITIES.
(2) A GENERAL ZONING CLASSIFICATION AUTHORIZING
GOVERNMENT, PUBLIC, OR INSTITUTIONAL USES DOES NOT CONSTITUTE EXPRESS
AUTHORIZATION FOR A BUILDING OR, STRUCTURE, OR OTHER REAL PROPERTY TO
BE USED AS AN IMMIGRATION A DETENTION FACILITY BY A PRIVATE ENTITY.
(3) BEFORE ESTABLISHING A ZONING CLASSIFICATION AUTHORIZING
PRIVATE DETENTION FACILITIES, THE STATE OR A UNIT OF LOCAL GOVERNMENT
SHALL:
(I) CONSIDER:
1. CONSISTENCY WITH ANY COMPREHENSIVE PLAN FOR
THE SURROUNDING AREA;
2. COMPATIBILITY WITH SURROUNDING LAND USES; AND
3. THE ABILITY OF LOCAL INFRASTRUCTURE TO
ADEQUATELY SUPPORT A DETENTION FACILITY;
(II) PROVIDE NOTICE TO THE PUBLIC OF THE PROPOSED ZONING
CLASSIFICATION AT LEAST 120 DAYS BEFORE ENACTING THE CLASSIFICATION; AND
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WES MOORE, Governor Ch. 173
(III) SOLICIT AND HEAR PUBLIC COMMENTS ON THE PROPOSED
CLASSIFICATION IN AT LEAST TWO SEPARATE MEETINGS OPEN TO THE PUBLIC.
(B) (C) A PRIVATE ENTITY MAY NOT OPERATE OR OCCUPY A BUILDING
OR, STRUCTURE, OR OTHER REAL PROPERTY AS AN IMMIGRATION A DETENTION
FACILITY WITHOUT A USE AND OCCUPANCY AUTHORIZATION OR CHANGE IN USE AND
OCCUPANCY APPROVAL CONSISTENT WITH THIS SECTION.
(C) (D) FOR PURPOSES OF THIS SECTION, A BUILDING OR, STRUCTURE,
OR OTHER REAL PROPERTY SHALL BE CONSIDERED PROPOSED FOR USE AS AN
IMMIGRATION A DETENTION FACILITY, REGARDLESS OF HOW THE USE IS DESCRIBED
IN AN APPLICATION OR PERMIT REQUEST, IF:
(1) INDIVIDUALS ARE INTENDED TO BE HELD BY A PRIVATE ENTITY
FOR ANY STAGE OF PROCESSING FOR A FEDERAL IMMIGRATION VIOLATION;
(2) INDIVIDUALS ARE INTENDED TO BE HELD IN INVOLUNTARY
CUSTODY AND WILL NOT BE FREE TO LEAVE; OR
(2) (3) (2) THE DESIGN, CONSTRUCTION, OR IMPROVEMENTS INCLUDE
FEATURES CONSISTENT WITH SECURE OR INVOLUNTARY CONFINEMENT,
INCLUDING:
(I) PERIMETER SECURITY MEASURES DESIGNED TO PREVENT
OCCUPANTS FROM LEAVING;
(II) CONTROLLED ACCESS POINTS; OR
(III) LOCKED HOLDING AREAS.
(D) (E) (1) THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION TO
ENFORCE THIS SECTION.
(2) THE COURT MAY ISSUE TEMPORARY, PRELIMINARY, OR
PERMANENT INJUNCTIVE RELIEF TO PREVENT AN ACT THAT WOULD CONSTITUTE A
VIOLATION OF THIS SECTION.
(E) (F) A PRIVATE ENTITY THAT OPERATES OR ATTEMPTS TO OPERATE
AN IMMIGRATION A DETENTION FACILITY IN VIOLATION OF THIS SECTION IS
SUBJECT TO A CIVIL PENALTY NOT EXCEEDING $10,000 FOR EACH DAY THE
VIOLATION CONTINUES.
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Ch. 173 2026 LAWS OF MARYLAND
(F) (G) THE REMEDIES PROVIDED UNDER THIS SECTION ARE IN
ADDITION TO ANY OTHER REMEDY AVAILABLE UNDER STATE OR LOCAL LAW.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be applied
retroactively to any agreement between the State or a unit of local government and a
private entity entered into before the effective date of this Act for the use of any building
or structure, structure, or other real property if that building or structure, structure, or
other real property is intended to be used as an immigration detention facility, regardless
of any permits issued or investment made by the private entity toward construction or
renovation of the building or, structure, or other real property.
SECTION 3. AND BE IT FURTHER ENACTED, That:
(a) Section 2 of this Act is contingent on any provision of § 1–103 of the
Correctional Services Article, as enacted by Section 1 of this Act, being rendered
unenforceable by a State or federal court as to any party in any litigation challenging the
validity of § 1–103 of the Correctional Services Article.
(b) As soon as practicable after the contingency described in subsection (a) of this
section occurring, but no later than 5 days after, the Office of the Attorney General shall
promptly notify the Department of Legislative Services.
(c) If notice of the contingency described in subsection (a) of this section is received
by the Department of Legislative Services on or before December 31, 2029, Section 2 of this
Act shall take effect on the date the notice is received by the Department of Legislative
Services in accordance with subsection (b) of this section.
(d) If notice of the receipt of the contingency described in subsection (a) of this
section is not received by the Department of Legislative Services on or before December 31,
2029, Section 2 of this Act, with no further action required by the General Assembly, shall
be null and void.
SECTION 3. 4. AND BE IT FURTHER ENACTED, That, except as provided in
Section 3 of this Act, this Act is an emergency measure, is necessary for the immediate
preservation of the public health or safety, has been passed by a yea and nay vote supported
by three–fifths of all the members elected to each of the two Houses of the General
Assembly, and shall take effect from the date it is enacted.
Approved by the Governor, April 28, 2026.
–6–Every fact on this page links to its source, starting with the official bill record.