FREDERICK, Md. - A proposed Frederick County ordinance governing how county employees and property may be used during federal immigration enforcement remains under consideration following a public hearing Tuesday night at Winchester Hall.
Bill 26-11, formally titled Immigration Enforcement Guidance and commonly referred to as the Frederick County Values Act, was introduced Sept. 1 and received its scheduled public hearing Sept. 22.
The measure has not been enacted. Frederick County's official legislation page lists the public hearing as completed but does not list an adoption vote or effective date.
The legislation was introduced by County Council Vice President Kavonté Duckett and Council Member Renee Knapp.
The proposal would add a new section of county law establishing rules for county employees, facilities and property when interacting with federal immigration enforcement authorities.
What the bill would do
Under the proposed ordinance, county employees generally could not voluntarily allow law enforcement officers into portions of county facilities that are closed to the public for an immigration enforcement operation unless officers present a valid federal court warrant or say exigent circumstances require immediate entry.
County employees also could not assist immigration officers seeking access to county records, information, equipment or databases for an immigration enforcement operation without a signed judicial warrant.
The bill specifically states that those restrictions do not authorize county employees to interfere with or obstruct immigration officers when access or voluntary consent has been denied.
The proposal would also restrict the use of county-owned or county-controlled property for immigration enforcement operations such as surveillance, staging, processing, detention or vehicle storage unless the activity is required by law or authorized by a valid judicial warrant.
Exceptions would apply for temporary access needed to address an immediate public-safety threat and for publicly accessible areas where the county does not have legal authority to restrict entry.
Rules on immigration-status information
The legislation would generally prohibit county employees from asking about a person's immigration status, citizenship, place of birth or nationality.
It would also prohibit employees from disclosing that information to third parties unless disclosure is required by federal or state law.
A separate compliance provision states that nothing in the ordinance may be interpreted to prevent a law enforcement agency from sending or receiving citizenship or immigration-status information when permitted by applicable federal or constitutional law.
The bill would also prohibit Frederick County or its divisions from entering into contracts with U.S. Immigration and Customs Enforcement or entities acting on behalf of ICE.
County employee guidance and training
The proposal directs the county executive to establish internal guidance for county departments dealing with immigration enforcement.
That guidance would include procedures for situations in which ICE agents visit county facilities, instructions for distinguishing between judicial warrants and civil immigration detainers and model policies for employee interactions with federal officers.
County divisions would also be required to train employees on those policies and clearly identify areas of county facilities that are not open to the public.
County officials said when the proposal was announced that Frederick County had already developed protocols and provided mandatory training for frontline employees concerning interactions with immigration authorities.
The Values Act would place several of those practices into county law rather than leaving them solely as administrative policy.
Tuesday hearing was part of legislative process
The County Council scheduled Bill 26-11 for its second-reading public hearing Tuesday evening, with members of the public given three minutes each to provide comments.
The hearing drew significant local attention as residents continued debating the appropriate role of county government in federal immigration enforcement.
The hearing itself did not enact the legislation.
The council must still take additional legislative action before the Values Act could become county law.
The current bill document lists Nov. 30, 2026, as the legislation's expiration date if the council does not complete action before then.
County estimates no fiscal impact
A fiscal and policy analysis prepared by Frederick County's Finance Division says the legislation is not expected to have a fiscal impact on county government.
The analysis says the measure would establish rules limiting county involvement in federal civil immigration enforcement, restrict the use of county property and establish procedures for interactions with immigration authorities.
The county also concluded that the proposal should not have a financial impact on local small businesses.
Broader immigration enforcement debate
The Values Act comes amid heightened attention to immigration enforcement in Frederick County and across Maryland.
County Executive Jessica Fitzwater supported the proposal when it was announced, arguing that local residents should be able to use county services without fear that ordinary interactions with county government will become immigration enforcement encounters.
Supporters of restrictions on local participation in federal immigration enforcement generally argue that separating county services from immigration enforcement can encourage residents to interact with local government and public-safety agencies.
Opponents of such restrictions have raised broader concerns about whether local governments should limit cooperation with federal immigration authorities and how those policies affect enforcement of federal immigration law.
The text of Bill 26-11 includes exceptions for legal requirements, judicial warrants, exigent circumstances and certain information sharing permitted under federal law.
What happens next
The proposal remains pending before the Frederick County Council.
No final adoption vote is currently listed on the county's official Bill 26-11 record.
Council members could proceed with the legislation, amend it or decline to enact it before the bill's expiration date.
Until additional council action occurs, the Frederick County Values Act remains proposed legislation rather than county law.
