When Howard County Executive Calvin Ball signed the county’s ban on privately owned detention centers into law in February, he was flanked by Maryland’s highest-ranking leaders.

Gov. Wes Moore, Sen. Angela Alsobrooks, Sen. Chris Van Hollen, Rep. Sarah Elfreth and other state and local officials smiled as Ball authorized the emergency legislation, which was aimed at blocking a U.S. Immigration and Customs Enforcement facility from opening in Elkridge.

It was a victory in resisting President Donald Trump and his administration’s efforts to expand immigration enforcement initiatives in the state.

Months later, the law’s efficacy has waned in the face of a federal lawsuit backed by the U.S. Department of Justice.

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The property owner, Genesis GSA Strategic One LLC, sued Howard County in March, arguing that the emergency legislation and the county’s revocation of construction permits for the Meadowridge Road facility, which was being retrofitted by a private contractor to serve as ICE’s new Baltimore field office, were unconstitutional.

Genesis attorneys claimed that both of the county’s actions violated the Constitution’s supremacy clause, which gives precedence to federal law when it conflicts with state or local law. They asked the court for an injunction that would compel the county to reissue permits so it could finish the building and to declare the emergency ban unconstitutional.

Howard County’s attorneys reversed themselves in a filing last month, saying the emergency legislation would not impact the Elkridge facility because the government, not a private contractor, would operate it.

U.S. District Judge Adam Abelson cited the county’s position Thursday when he dismissed that part of Genesis’ complaint. Still, Abelson has yet to rule on the revocation of the building permits, which would dictate whether the construction can proceed.

One Howard lawmaker who voted in favor of the ban condemned the position the county has taken in the lawsuit.

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“I did not nor would I have agreed to such a shocking concession,” Councilwoman Liz Walsh said in a statement. “No new facts have emerged to make that law ‘irrelevant,’ and the County should not be conceding any valid argument when so much remains at stake.”

The Michigan-based developer was more than 90% finished retrofitting the building for ICE when the county revealed the project to the public in late January.

Genesis attorneys have said the company spent more than $21 million on the ICE facility, much of which was borrowed. The company incurs $5,000 a day in interest, which has put more than a dozen other Genesis properties at financial risk, they said.

If the judge rules in favor of Genesis, Howard could be on the hook for attorney fees and damages.