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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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

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

View official code

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?
No. County agents can't ask about, investigate, or help investigate anyone's immigration status unless state or federal law, a court order, or a treaty requires it. Code § 2-160(c)(1).
Will the County hold someone for ICE on a detainer?
No. Once a person becomes eligible for release from custody, County agents can't keep detaining them based on a civil immigration detainer or warrant, per § 2-160(f)(4).

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

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

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