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City attorney: Gaithersburg's ability to bar federally owned ICE facilities is limited
Summary
Asked whether the city could forbid Immigration and Customs Enforcement facilities in the county, Gaithersburg's city attorney said local regulatory authority is limited if a facility is federally owned; privately owned or leased facilities present different legal options including zoning restrictions.
During the March 4 meeting a commissioner asked whether Gaithersburg could adopt an ordinance to forbid ICE facilities from locating in the county or city. Frank, the city attorney, briefed the commission on legal limits and distinctions.
"If it is federally owned, no real ability to control that because of the supremacy clause," Frank said, adding that federal ownership generally constrains local zoning authority. He contrasted that with privately owned properties leased to federal agencies, where local zoning and public-facility ordinances might be more directly applicable, though he noted legal challenges can arise over procedure and federal coordination requirements.
Frank cited an attorney-general challenge in another jurisdiction as an example of legal friction when local governments attempt restrictions affecting federal facilities. He advised commissioners that the controlling factor is ownership: federally owned sites have different protections and coordination obligations than private properties.
The exchange closed with commissioners acknowledging the limits and the need to monitor related county and state actions; no formal action was taken.
