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Howard County, MD Immigration Policy: Sanctuary Policy Preemption (2026)

Significant Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted: C.B. 63-2020, referendum-approved Nov. 2022
Effective date: December 8, 2022
2026 amendment: C.B. 17-2026 added warrant/property rules
ICE facility access: Warrant or exigent circumstances only
County property: Cannot be an ICE staging site
ICE contracts: Void and unenforceable
Violation consequence: Employee personnel discipline, not fine

Summary

Voters approved Howard County's Subtitle 21, Rights of Non-U.S. Citizens, in a November 2022 referendum. County employees cannot enforce federal immigration law, ask about immigration status, or let ICE into non-public county facility areas without a judicial warrant, and County property cannot be used to stage immigration enforcement.

These county ordinances apply to unincorporated areas of Howard County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)When acting within the scope of employment, an employee, department, or agent shall not engage in the enforcement of the immigration and nationality laws of the United States and shall not assist immigration enforcement in the investigation or arrest of a person for a civil or criminal violation of the immigration and nationality laws of the United States, except as required by State or Federal law, international treaty, or an existing agreement between the County and a Federal, State, or local agency...(a)Except as provided in subsection (b) of this section, when acting within the scope of employment, an employee, department, or agent of Howard County shall not ask any person about:(1)His or her citizenship, nationality, or immigration status; or(2)The citizenship or immigration status of another person...(a)a County employee, agent, or contractor shall not grant an Immigration and Customs Enforcement or Customs and Border Protection officer access or assist an ICE officer in entering any portion of a County facility that is not accessible to the general public, unless:(1)There are exigent circumstances; or(2)The officer presents a valid warrant issued by a federal court.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 91 | Zoning: Supplement 25).

Full Breakdown

Howard County Council Bill 63-2020 created this subtitle, but County Charter Section 211 let residents petition it to referendum; voters approved it as Question A on November 8, 2022, and it took effect December 8, 2022. Council Bill 17-2026 later strengthened it, adding the ICE warrant requirement and property-use ban and renumbering the later sections. § 1373 without collecting new status information. 2101 preserves the County's ability to investigate ordinary state and local crimes, join multi-agency task forces, and cooperate where federal or state law preempts the subtitle, but County officers on a task force still cannot disclose immigration status and must withdraw if the task force turns into an immigration-enforcement pretext.

2107 bars using County-owned parking lots, garages, or vacant lots as an ICE staging, processing, or detention site, requiring warning signage on properties the County Executive identifies as at risk. 2108 voids any County contract with ICE outright.

Violations & Fines

This subtitle doesn't create a public fine or citation. Section 12.2109 makes a violation a personnel matter: an employee who breaks the rules is sanctioned under the County's personnel system and applicable law, and a County employee who spots unauthorized use of County property for immigration enforcement must report it up the chain or face discipline for failing to do so.

Frequently Asked Questions

Can Howard County police ask about someone's immigration status?

No, with narrow exceptions. Section 12.2103 bars County employees from asking anyone about their own or another person's citizenship, nationality, or immigration status, except for things like voter registration, hiring for sworn police or corrections positions, passport applications, and specific federally required inquiries.

Can ICE enter a Howard County government building without a warrant?

Not into non-public areas. Section 12.2106 says County employees, agents, and contractors cannot let ICE or Customs and Border Protection into non-public parts of a County facility unless there are exigent circumstances or the officer presents a valid warrant issued by a federal court.

Can ICE use a Howard County parking lot to stage an operation?

No. Section 12.2107 bars using any County-owned or County-controlled parking lot, garage, or vacant lot for ICE staging, processing, detention, or vehicle storage unless required by law or authorized by a valid judicial warrant, and at-risk properties must post warning signage.

When did Howard County's immigrant-rights law take effect?

The County Council passed it in 2020 as Council Bill 63-2020, but it was petitioned to referendum under the County Charter. Voters approved it as Question A on November 8, 2022, and it became effective December 8, 2022, later amended by Council Bill 17-2026.

Sources & Official References

[1]Howard County Code (Municode)

Other rules in Howard County

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All Howard County rules

Compare Howard County to another location·View the Maryland immigration policy overview

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