H.R. 7470

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7470 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7470

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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

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

_______________________________________________________________________

A BILL

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.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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.
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