Montgomery County, MD Immigration Policy: Sanctuary Policy Preemption (2026)
Key Facts
- Enacted
- 2026 L.M.C., ch. 2, § 1
- Status inquiries
- barred unless law requires them
- ICE detainers
- not honored past release eligibility
- ID accepted
- matricula consular treated like MD license
- Council reporting
- every 6 months on ICE requests
Summary
County Code § 2-160 bars County agents and departments from asking about immigration status, honoring ICE detainer requests once someone is eligible for release, or letting immigration officers into non-public County buildings, unless a valid judicial warrant or state/federal law requires otherwise.
An agent or department must not request information about, or otherwise investigate or assist in the investigation of, the immigration status of any person unless such inquiry or investigation is required by state or federal law, court order, or international treaty.
(2) If the citizenship or immigration status of an individual is relevant to protections, services, or benefits accorded to them under any County, state, or federal law, or required by any international treaty, an agent or department may notify the individual of the relevant protection or requirement and provide them an opportunity to disclose voluntarily their immigration status.
(d) Threats based on citizenship or immigration status – prohibited.
(1) An agent or department must not coerce, intimidate, or threaten any person based on the person’s actual or perceived immigration status or the actual or perceived immigration status of a member of the person’s family or any other associate of the individual.
(2) An agent or department must not subject an individual to verbal abuse, including disparaging or offensive comments, based on the individual’s actual or perceived immigration status, or the actual or perceived immigration status of a member of the individual’s family or any associate of the individual.
(e) Conditioning benefits, services, or opportunities on immigration status – prohibited.
(1) An agent or department must not condition the provision of County
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
Adopted as the 'Promoting Community Trust - Immigrant Protections Act' (Chapter 2, Article XV), the law bars County agents from investigating immigration status, coercing or threatening anyone over status, and conditioning County benefits on it. It blocks ICE access to non-public County space and bars honoring civil detainers past release eligibility, with narrow exceptions for people convicted of specific violent or firearms offenses (36-hour advance notice allowed) and for valid judicial warrants. A matricula consular or foreign photo ID must be accepted like a Maryland license. Anyone ICE asks County staff to detain or flag must be notified within 48 hours, and the Executive reports detainer-request activity to the Council every 6 months.
Violations & Fines
No fine for residents; the law binds County agents and departments. Non-compliant staff face internal County discipline, and every ICE detainer/notification request must be disclosed to its subject within 48 hours and reported to the Council semiannually.
Frequently Asked Questions
Can Montgomery County police ask about my immigration status?
Will the County hold someone for ICE on a detainer?
Sources & Official References
Other rules in Montgomery County
Compare Montgomery County to another location·View the Maryland immigration policy overview
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