Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0984*
SENATE BILL 984
E5 EMERGENCY BILL 6lr3703
CF HB 1017
By: Senator Smith
Introduced and read first time: February 15, 2026
Assigned to: Rules
Re–referred to: Judicial Proceedings, February 22, 2026
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 5, 2026
CHAPTER ______
AN ACT concerning 1
Correctional Services – Private Immigration Detention Facilities – Zoning 2
Requirement 3
FOR the purpose of prohibiting the State or a unit of local government from approving the 4
use of a building or, a structure, or other real property for use as an immigration a 5
detention facility by a private entity unless certain zoning authority applies ; 6
establishing a certain penalty for a certain violation; authorizing the Attorney 7
General to bring a civil action to enforce this Act; applying this Act retroactively; and 8
generally relating to immigration detention facilities. 9
BY repealing and reenacting, without amendments, 10
Article – Correctional Services 11
Section 1–101(a) and (j) 12
Annotated Code of Maryland 13
(2025 Replacement Volume) 14
BY adding to 15
Article – Correctional Services 16
Section 1–103 17
Annotated Code of Maryland 18
(2025 Replacement Volume) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
2 SENATE BILL 984
Article – Correctional Services 1
1–101. 2
(a) In this article the following words have the meanings indicated. 3
(j) “Immigration detention facility” means any building, facility, or structure 4
used, in whole or in part, to house or detain individuals for federal civil immigration 5
violations. 6
1–103. 7
(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 8
INDICATED. 9
(2) (I) “DETENTION FACILITY ” MEANS ANY BUILDING , FACILITY, 10
OR STRUCTURE USED , IN WHOLE OR IN PART , TO HOUSE OR DETAIN I NDIVIDUALS 11
FOR CIVIL OR CRIMINAL VIOLATIONS. 12
(II) “DETENTION FACILITY ” INCLUDES AN IMMIGRATION 13
DETENTION FACILITY. 14
(3) “UNIT OF LOCAL GOVERNM ENT” MEANS A COUNTY , A 15
MUNICIPALITY, OR THE MARYLAND NATIONAL CAPITAL PARK AND PLANNING 16
COMMISSION. 17
(A) (B) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE 18
STATE OR A UNIT OF LO CAL GOVERNMENT MAY N OT APPROVE THE USE 19
CONSTRUCTION OR OPERATION OF A BUILDING OR, A STRUCTURE, OR OTHER REAL 20
PROPERTY AS AN IMMIGRATION FOR A DETENTION FACILITY BY A PRIVATE ENTITY 21
UNLESS IMMIGRATION DETENT ION FACILITY IS EXPR ESSLY INCLUDED IN TH E 22
APPLICABLE ZONING AUTHORITY. 23
(2) A GENERAL ZONING CLASS IFICATION AUTHORIZIN G 24
GOVERNMENT, PUBLIC, OR INSTITUTIONAL USES DOES NOT CONSTITUT E EXPRESS 25
AUTHORIZATION FOR A BUILDING OR STRUCTURE TO BE USED AS AN IMMIGRATION 26
DETENTION FACILITY BY A PRIVATE ENTITY. 27
(B) (C) A PRIVATE ENTITY MAY N OT OPERATE OR OCCUPY A BUILDING 28
OR, A STRUCTURE, OR OTHER REAL PROPER TY AS AN IMMIGRATION A DETENTION 29
FACILITY WITHOUT A USE AND OCCUPANCY AUTHORIZATION OR CHANGE IN USE AND 30
OCCUPANCY APPROVAL CONSISTENT WITH THIS SECTION. 31
SENATE BILL 984 3
(C) (D) FOR PURPOSES OF THIS SECTION, A BUILDING OR, A STRUCTURE, 1
OR OTHER REAL PROPER TY SHALL BE CONSIDERED PROPOSED FOR USE AS AN 2
IMMIGRATION A DETENTION FACILITY, REGARDLESS OF HOW THE USE IS DESCRIBED 3
IN AN APPLICATION OR PERMIT REQUEST, IF: 4
(1) INDIVIDUALS ARE INTE NDED TO BE HELD IN I NVOLUNTARY 5
CUSTODY AND WILL NOT BE FREE TO LEAVE; OR 6
(2) THE DESIGN , CONSTRUCTION, OR IMPROVEMENTS INCL UDE 7
FEATURES CONSISTENT WITH SECURE OR INVOL UNTARY CONFINEMENT , 8
INCLUDING: 9
(I) PERIMETER SECURITY M EASURES DESIGNED TO PREVENT 10
OCCUPANTS FROM LEAVING; 11
(II) CONTROLLED ACCESS POINTS; OR 12
(III) LOCKED HOLDING AREAS. 13
(D) (E) (1) THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION TO 14
ENFORCE THIS SECTION. 15
(2) THE COURT MAY ISSUE T EMPORARY, PRELIMINARY, OR 16
PERMANENT INJUNCTIVE RELIEF TO PREVENT AN ACT THAT WOULD CONSTITUTE A 17
VIOLATION OF THIS SECTION. 18
(E) (F) A PRIVATE ENTITY THAT OPERATES OR ATTEMPTS TO OPERATE 19
AN IMMIGRATION A DETENTION FACILITY I N VIOLATION OF THIS SECTION IS 20
SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING $10,000 FOR EACH DAY THE 21
VIOLATION CONTINUES. 22
(F) (G) THE REMEDIES PROVIDED UNDER THIS SECTION A RE IN 23
ADDITION TO ANY OTHER REMEDY AVAILABLE UNDER STATE OR LOCAL LAW. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be applied 25
retroactively to any agreement between the State or a unit of local government and a 26
private entity entered into before the effective date of this Act f or the use of any building 27
or structure, structure, or other real property if that building or structure, structure, or 28
other real property is intended to be used as an immigration a detention facility, regardless 29
of any permits issued or investment made by the private entity toward construction or 30
renovation of the building or, structure, or other real property. 31
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 32
measure, is necessary for the immediate preservation of the public health or safety, has 33
4 SENATE BILL 984
been passed by a yea and nay vote supported by three –fifths of all the members elected to 1
each of the two Houses of the General Assembly, and shall take effect from the date it is 2
enacted. 3
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.