Montgomery County Council members spent most of the day Tuesday introducing and hearing testimony on bills that would restrict how U.S. Immigration and Customs Enforcement agents can operate within the county.
Council member Evan Glass introduced the “ICE Out Act,” a bill designed to prohibit ICE from establishing detention centers that would house immigrants in Maryland’s largest county.
Glass said the bill would do three things: provide a legal definition for what an immigrant detention center is, prohibit building permits from being issued for immigrant detention facilities and bar the county’s permitting department from issuing a use and occupancy permit to privately owned immigrant detention facilities.
“The ‘ICE Out Act’ ensures that our permitting process cannot be exploited to bring private immigration detention centers into Montgomery County,” Glass said.
The bill, Glass added, was driven by ICE enforcement actions in Montgomery County, which has a large immigrant population, and the move by the federal government to establish an immigrant detention facility in Washington County. Maryland Attorney General Anthony Brown filed a lawsuit in connection with the plan to put a facility in Western Maryland, citing a lack of environmental review, public input and state consultation.
Another bill introduced at Tuesday’s meeting would provide a way for families or a designated proxy to recover a vehicle left in a public right of way following ICE enforcement actions. Council member Kate Stewart is sponsoring that bill.
She said it would “help alleviate the burden for families whose loved ones have been taken by federal agents and their vehicle has been left behind in the public right of way and then towed.”
Hearing dates have not yet been determined for either bill.
Other bills in the county
Public hearings were held for two other bills: one that would bar ICE agents from wearing masks, and another that would hinder access to nonpublic areas of county facilities without a federal judicial warrant.
The “Unmask ICE Act,” sponsored by Montgomery County Council member Will Jawando, would prevent federal, state or local law enforcement agents from wearing mask while on duty, with some exceptions. Under the bill, SWAT team members could wear masks, and agents could use masks designed to protect them against smoke, biological or chemical exposure. Officers and agents performing water rescues would also be permitted to wear masks.
The “County Values Act,” sponsored by Council member Kristin Mink, would not only bar ICE from county facilities without a warrant, but it would also prohibit agents from using county-owned or county-controlled properties, such as parking garages or outdoor parking lots, for staging areas. The bill would also create guidance for county staff members to report unauthorized use of county property.
County residents speak out
Marc Briseño, a 17-year-old high school senior from Germantown, told the council that his father, who was detained by ICE and is now facing deportation, is “the kind of dad who never missed my school events. He would show up to my parent-teacher conferences, even after working long shifts.”
“When he was taken, the officers were masked. I will never forget that. Grown men, covering their faces while taking someone else’s father away,” Briseño said.
Briseño urged the council to pass both bills, “because children deserve stability, and because no one should have to say goodbye to their parent this way.”
Blake High School student Iknoor Kaur told the council she’s a member of her school’s chapter of Students For Asylum and Immigration Reform, or FAIR. She said two students at her school have been directly affected by ICE enforcement efforts.
“We want protection for our community, and we want it now. We want clarity, transparency and accountability when it comes to ICE enforcement that deals with our community,” she said.
Immigration attorney Fatmata Barrie also spoke in favor of the bills, but asked for an amendment.
“If someone is exercising the extraordinary power to detain or remove a person from our community, they should be required, upon request, to show official law enforcement ID. This protects immigrants, U.S. citizens and legitimate officers, and frankly, it may cause rogue actors to think twice before impersonating law enforcement,” she said.
When it came to legislation on masks, Jordy Diaz told the council the time to act is now.
“Anonymity breeds impunity. The time for political calculation is over. I am asking you to use your power to do exactly what you promised to do, protect this community and vote yes on this bill,” Diaz said.
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