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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0630*
HOUSE BILL 630
E5 EMERGENCY BILL 6lr2331
By: Delegates Schindler, Behler, Fair, A. Johnson, Martinez, Moreno, Simmons,
Spiegel, Vogel, and Woorman
Introduced and read first time: January 30, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Immigration Detention Facilities – Original Design and 2
Construction 3
FOR the purpose of prohibiting a person from operating an immigration detention facility 4
at a building, structure, or facility that was not originally designed and constructed 5
for the purpose of housing or detaining individuals ; and generally relating to 6
immigration detention. 7
BY repealing and reenacting, without amendments, 8
Article – Correctional Services 9
Section 1–101(a), (j), and (n) 10
Annotated Code of Maryland 11
(2025 Replacement Volume) 12
BY repealing and reenacting, with amendments, 13
Article – Correctional Services 14
Section 1–102 15
Annotated Code of Maryland 16
(2025 Replacement Volume) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Correctional Services 20
1–101. 21
(a) In this article the following words have the meanings indicated. 22
2 HOUSE BILL 630
(j) “Immigration detention facility” means any building, facility, or structure 1
used, in whole or in part, to house or detain individuals for federal civil immigration 2
violations. 3
(n) “Person” means an individual, receiver, trustee, gu ardian, personal 4
representative, fiduciary, representative of any kind, partnership, firm, association, 5
corporation, or other entity. 6
1–102. 7
(a) The State, a unit of local government, a county sheriff, or an agency, officer, 8
employee, or agent of the State or a unit of local government may not: 9
(1) enter into an agreement of any kind for the detention of individuals in 10
an immigration detention facility owned, managed, or operated, in whole or in part, by a 11
private entity; 12
(2) pay, reimburse, subsidize, or defray in any way any costs related to the 13
sale, purchase, construction, development, ownership, management, or operation of an 14
immigration detention facility that is or will be owned, managed, or operated, in whole or 15
in part, by a private entity; 16
(3) receive any payment related to the detention of individuals in an 17
immigration detention facility owned, managed, or operated, in whole or in part, by a 18
private entity; or 19
(4) otherwise give any financial incentive or benefit to any private entity 20
or person in connection with the sale, purchase, construction, development, ownership, 21
management, or operation of an immigration detention facility that is or will be owned, 22
managed, or operated, in whole or in part, by a private entity. 23
(b) The State, a unit of local government, a county sheriff, or an agency, officer, 24
employee, or agent of the State or a unit of local government may not approve a zoning 25
variance or issue a permit for the construction of a building or the reuse of existing 26
buildings or structures by any private entity for use as an immigration detention facility 27
unless the governmental entity: 28
(1) provides notice to the public of the proposed zoning variance or permit 29
action at least 180 days before authorizing the variance or issuing the permit; and 30
(2) solicits and hears public comments on the proposed zoning variance or 31
permit action in at least two separate meetings open to the public. 32
(c) (1) The State, a unit of local government, a county sheriff, or an agency, 33
officer, employee, or agent of the State or a unit of local government may not enter into or 34
renew an immigration detention agreement. 35
HOUSE BILL 630 3
(2) The State, a unit of local government, a county sheriff, or an agency, 1
officer, employee, or agent of the State or a un it of local government with an existing 2
immigration detention agreement shall exercise the termination provision contained in the 3
immigration detention agreement not later than October 1, 2022. 4
(D) A PERSON MAY NOT OPERA TE AN IMMIGRATION DE TENTION FACILITY 5
AT A BUILDING , STRUCTURE, OR FACILITY THAT WAS NOT ORIGINALLY DESIGNED 6
AND CONSTRUCTED FOR THE PURPOSE OF HOUSING OR DETAINING INDIVIDUALS. 7
[(d)] (E) In any dispute over an immigration detention agreement with the 8
State, the provisions of this section govern. 9
[(e)] (F) Nothing in this section may be construed to authorize or prohibit the 10
State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent 11
of the State or a unit of local government from entering into an agree ment under 8 U.S.C. 12
§ 1357(g). 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 14
measure, is necessary for the immediate preservation of the public health or safety, has 15
been passed by a yea and nay vote supported by three –fifths of all the members elected to 16
each of the two Houses of the General Assembly, and shall take effect from the date it is 17
enacted. 18