When a driver in Prince George’s County is detained by federal immigration agents, their family can face a difficult process to recover an impounded vehicle. Under current law, generally only a registered owner can retrieve the vehicle, and families often don’t know where it was towed.
On Tuesday, the County Council passed emergency legislation that would require towing companies to release impounded vehicles to detainees’ families or members of the same household. The new law would also require the county to send notice about the impoundment, including where the vehicle is being held.
The measure, which mirrors legislation passed in Montgomery County, aims to reduce the burden on families impacted by federal immigration enforcement, said District 3 council member Eric Olson, who sponsored the bill along with the council’s other 10 members.
Olson said he introduced the bill following conversations with local police about an increase in cars left on roads after ICE arrests. Between January and June, the Immigrant Rights Collective counted more than 50 such vehicles in Prince George’s and Montgomery counties, according to Maryland Matters.
“These vehicles are a lifeline for families,” Olson said. “To be without a vehicle really impacts people’s ability to have jobs, get around and support a family. It’s important to make sure that families have access to those vehicles and that there’s not an even further burden on families.”
Under the proposed law, an individual can retrieve an impounded vehicle even if they are not the registered owner by presenting a registration card and a photo ID, which can include a consular card, a foreign government ID, or an ID from a registered Maryland nonprofit; they must also provide a notarized letter from the owner, or a letter from an insurance company, lienholder or rental car company.
If the individual can’t obtain a letter, the vehicle can be released to a member of the detainee’s family or household who can show an ID along with proof of relationship or shared residency, such as a utility bill, lease, birth certificate or marriage license.
The bill also requires the person retrieving the vehicle to sign a “hold harmless” agreement and establishes a $500 fine for anyone trying to retrieve a vehicle fraudulently. There is no penalty in the bill for towing companies that don’t comply with the proposed new allowances.
The police department or the county Revenue Authority has seven working days to mail an official impound notice to the registered owner, according to the bill. If the police know the owner is in custody, the county must also mail a copy of the notice to the detention facility.
“As the Councilmember that represents the largest Latino and immigrant population in the County, I understand the struggles that many of my constituents face when interacting with ICE,” council member Wanika Fisher wrote in an email to The Banner. “A car is a necessity for most people; however, access to a car is especially important for immigrant and low income families.”
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