Maryland Reopens Review of Hagerstown Detention Center After Residents Flag Road Project

State officials say they weren't told about a road relocation project that may be linked to the facility, potentially triggering broader federal review.

Maryland historic preservation officials are demanding more information about a federal immigration detention center in Hagerstown, saying the Department of Homeland Security may not have disclosed a related road construction project.

The Maryland Historical Trust, which had issued a “no effect” finding on Jan. 29, notified federal officials that it was reopening its review after residents began contacting the agency on Feb. 3 with information about the project’s scope. The agency is now requesting additional details about the relocation of Wright Road, which residents say is functionally related to the detention facility.

“MHT has been contacted by several Washington County residents who provided information regarding the project that was not included in your initial submittal,” Dr. Dixie Henry, an administrator for the trust, wrote in a letter to a federal contractor on Tuesday.

MHT Review of Proposed ICE Baltimore Processing Facility, 10900 Hopewell Rd, Hagerstown Washington County, Maryland

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The trust is asking whether the Wright Road relocation is “functionally related to” the detention center. If the roadwork is deemed an “ancillary activity” that is part of the facility project, it would subject the entire undertaking to a more extensive federal review process known as Section 106, which requires consultation with state and local stakeholders.

Resident Granted Consulting Status

On Tuesday, a DHS official notified a local resident who had formally objected to the project that the resident would be granted consulting party status under Section 106 regulations. In an email, Gabrielle Fernandez, the official, confirmed that the department would consult with the resident on the facility review going forward.

The resident, who requested anonymity citing concerns about employment security and personal safety given the political climate in Washington County, noted the irony of a private citizen receiving federal consultation rights that local officials claim they cannot access.

Federal regulations at 36 CFR 800.2(c)(3) state that a representative of a local government with jurisdiction “is entitled to participate as a consulting party” in Section 106 reviews — an entitlement, not a discretionary grant. The regulations go further, noting that under certain provisions of federal law, local governments may even be authorized to act as the lead agency for the review process itself.

Legislation Seeks to Block Funding

The procedural setback came the same day that Representative April McClain Delaney, Democrat of Maryland, introduced legislation to strip federal funding for the $102.4 million project. The bill, called the “Keep ICE Out of Washington County Act,” would also create a legal pathway for residents and local officials to challenge the facility in federal court.

“For DHS to pursue such sweeping and dangerous plans in darkness is yet another example of the administration acting without transparency, accountability, or regard for human life,” Ms. McClain Delaney said in a statement.

The tension in Western Maryland reflects a broader pattern of detention facility acquisitions by the Trump administration. Federal officials have announced plans to hold as many as 80,000 migrants in warehouse-style facilities nationwide.

Federal Purchase Sidesteps Zoning Rules

In Hagerstown, the federal government purchased the 53.74-acre site outright, effectively exempting the project from local zoning laws that would otherwise prohibit residential use in the industrial zone. Federal property is generally not subject to local land-use regulations.

However, the trust’s intervention highlights a tool available to local governments under the National Historic Preservation Act. Section 106 regulations entitle local governments with jurisdiction to participate as “consulting parties” in federal reviews of projects that might affect historic resources.

County Declines Available Legal Option

The Washington County Board of Commissioners has not requested such consulting status. On Tuesday, the board voted unanimously to express “full support” for ICE operations, with members saying they lacked authority to intervene in a federal project.

According to the letter, federal officials initially defined the “Area of Potential Effect” narrowly, focusing only on interior rehabilitation of the 53.74-acre warehouse. That approach avoided immediate scrutiny of the surrounding landscape, which includes several properties listed on or eligible for the National Register of Historic Places.

In her letter, Dr. Henry requested detailed site plans showing “the location and boundaries of all proposed ground disturbing activities” associated with the road relocation, including access roads and staging areas. The letter asks for specifics on where grading will occur and to what depth, warning that the trust must assess potential impacts on “archaeologically sensitive areas” before construction can proceed.

Ms. McClain Delaney visited an existing ICE facility in Baltimore last week, where she said she observed detainees sleeping on concrete floors. She said the Hagerstown warehouse was not designed for residential confinement and would pose “substantial public health and safety risks.”

The county commission’s resolution did little to quiet the crowds of protesters who gathered outside the county administration building for the second consecutive week. Organizers estimated attendance in the hundreds.

The Maryland Historical Trust’s letter concluded: “We look forward to receiving the information requested.” The additional documentation could determine whether the project proceeds under the streamlined review already conducted or faces a more extensive public consultation process.