# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 2. Administration.

### Article Xvi. Immigration Enforcement Guidance.

**Sec. 2-161. Short title; purpose.**

  (a)   Short title. This Article is known as “The County Values Act.”

  (b)   Purpose.

    (1)   The purpose of this Act is to uphold the County’s values of equity, inclusiveness, dignity, and justice for all;

    (2)   explain how County departments should respond to Immigration and Customs Enforcement actions;

    (3)   provide model policy language and guiding principles to help departments and facilities adopt consistent practices;

    (4)   maintain community trust by separating County services from federal immigration enforcement; and

    (5)   limit the use of County property for federal immigration enforcement purposes to enhance public trust, ensure equitable access to public facilities, and preserve County resources for local governmental purposes.

**Sec. 2-162. Definitions.**

  In this Section, the following words and phrases have the following meanings:

    County agent means any person employed by or acting on behalf of a County department, office, agency, board, committee, commission, or other body established by authority of County law.

    County-owned or County-controlled facility means a building controlled by the County that provides services to the public.

    County-owned or County-controlled property means real property owned, leased, or otherwise under the control or management authority of the County, including parking lots, garages, and vacant lots.

    Department means any executive branch County department, agency, division, or other body, or person established by authority of an order, executive order, or County Council order.

    Immigration and Customs Enforcement (ICE) means the federal enforcement agency responsible for enforcing civil immigration law, which may also include any entity or personnel authorized to enforce civil immigration law.

    Staging area means an area used to assemble, mobilize, or deploy vehicles, equipment, materials, or personnel for carrying out civil immigration enforcement operations.

**Sec. 2-163. Prohibition on use of County property for ICE enforcement.**

  (a)   Any County-owned or County-controlled parking lot, garage, or vacant lot must not be used for ICE enforcement activities, including surveillance, staging, processing, detention, or vehicle storage, unless required by law or authorized by a valid judicial warrant.

  (b)   Any area or space identified under subsection (d) is not available to the general public for similar activities described under subsection (a); in addition, federal, state, or local government entities or personnel will not receive special or enhanced access to County property for civil immigration enforcement operations.

  (c)   This Section does not apply to any temporary access necessary to address an immediate threat to public safety.

  (d)   The County Executive must identify all County-owned or controlled parking lots, vacant lots, or garages that either have been used or are likely to be used in the future as a staging area, processing location, or operations base for civil immigration enforcement.

  (e)   The County Executive must ensure that all such County properties identified under subsection (d) have clear signage stating:

    “This property is owned or controlled by Montgomery County. It may not be used for civil immigration enforcement as a: Staging Area, Processing Location, or Operations Base.”

  (f)   The County Executive must ensure that, wherever appropriate, physical barriers such as locked gates are used to limit access to County-owned or County-controlled parking lots, vacant lots, or garages consistent with the purpose of this Section.

  (g)   Reporting a violation or misconduct. A County agent, resident, or a member of the public who witnesses any of the following incidents may file a report through an online platform designated by the Executive regarding:

    (1)   unauthorized use of County-owned or County-controlled property, in violation of subsection (a) of this Section;

    (2)   unauthorized access to nonpublic spaces of County facilities; or

    (3)   harmful conduct by individuals conducting immigration enforcement.

  (h)   A violation reported under subsection (g) should include as much information as possible, including time, location, and a description of what was observed.

  (i)   The violation reported through the online portal may be used by the Office of County Attorney to assist in enforcing the law and to make appropriate referrals to third parties, including other government agencies.

**Sec. 2-164. Immigration enforcement guidance for County departments.**

  (a)   Guidance by the County Executive. The County Executive, in consultation with the Office of the County Attorney, must create and publish immigration enforcement guidance for County agents that perform work in or at County-owned or County-controlled facilities. The guidance must:

    (1)   establish an immigration enforcement action plan that provides a step-by-step process if ICE visits a County facility;

    (2)   indicate the process a facility should use when designating certain areas for public or non-public use;

    (3)   include model policies and sample scripts covering various scenarios involving potential ICE interaction;

    (4)   explain how to distinguish between different types of warrants and civil detainers;

    (5)   include policies and practices for departments to guide interactions between County agents and ICE officials, ensuring that immigration enforcement activities are carried out in the least disruptive and safest possible manner;

    (6)   include measures that would limit liability exposure for County agents at County facilities; and

    (7)   include recommendations for complying with existing legal obligations and limitations at County facilities while balancing public safety and accessibility at those facilities.

  (b)   Responsibilities of each Department. Unless otherwise required by state law, each department must:

    (1)   ensure County agents that perform work in or at County-owned or County-controlled facilities are trained on the Executive’s policies and guidance;

    (2)   designate a supervisor or manager to serve as the designated official responsible for handling visits by ICE;

    (3)   provide a phone number for frontline staff to contact a designated official at any time;

    (4)   where applicable, identify areas and post signage:

      (A)   at the entrances of County facilities that state: “Montgomery County does not consent to civil immigration enforcement operations on these premises,” and

      (B)   at entrances of non-public spaces that state: “Not Open To The General Public. Only authorized individuals permitted. A County agent may not consent to entrance for civil immigration enforcement without authorization from a designated official”; and

    (5)   include any other department-specific measures to assist County agents in balancing the interaction with ICE.

  (c)   Signage for private use. The County Executive must develop and make available on the County’s website a signage template that business owners and leaseholders may use to lawfully notify visitors that the property may not be used for immigration enforcement by ICE.

  (d)   Executive regulations. The County Executive may, under Method 3, establish regulations and standards as necessary to accomplish the purposes and intent of this Article. The regulations must be at least as stringent and consistent as this Article.

**Sec. 2-165. Compliance with Federal law.**

  No provision in this Article may be interpreted as preventing a law enforcement agent from sending or receiving information from any local, state, or Federal agency regarding the citizenship or immigration status of an individual in accordance with applicable federal or constitutional law.