Washington County ICE facility construction limited by federal judge

U.S. Immigration and Customs Enforcement cannot proceed with retrofitting a warehouse in Western Maryland into a detention facility, pending further court proceedings, a federal judge ruled Wednesday.

U.S. District Judge Brendan A. Hurson cited “internal inconsistencies” in the federal government’s report concerning possible environmental impacts on the surrounding area and concluded federal officials should have conducted a more comprehensive analysis before proceeding with their plans.

Hurson’s injunction prohibits building and operating detention space inside the facility while awaiting further arguments in the federal court case. But the ruling allows ICE to proceed with certain construction activities, such as erecting an 8-foot security fence around the property, installing security cameras, fixing the HVAC system and creating office space.

The ruling came as Hurson’s previous stop-work order barring construction at the site was set to expire.

In a statement, Maryland Attorney General Anthony Brown called the ruling a “major victory that stops federal authorities from irreversibly damaging our waterways, our environment, and our communities before our lawsuit is even decided.

“And it ensures that the federal government cannot rush through the legal process required to open this facility in its frenzy to carry out its deportation goals,” Brown continued.

At least 200 people rallied outside the courthouse before the hearing, denouncing ICE with chants and signs. A choir led the crowd in protest songs as more people arrived in the courtyard. The George H. Fallon building — the site of Baltimore’s controversial ICE hold room — loomed across the street.

“We will not let ICE treat our people like goods,” said Ama Frimpong, chief of services for We Are CASA, the largest immigrant advocacy organization in Maryland.

The Department of Homeland Security, which oversees ICE, purchased the unoccupied, 825,620-square-foot warehouse designed for commercial goods on the outskirts of Williamsport in January. It was one of several similar properties the agency purchased around the country to speed up President Donald Trump’s efforts to deport alleged undocumented immigrants by retrofitting existing buildings into detention centers.

In February, Brown sued to stop the conversion on environmental and public health grounds, alleging DHS rushed through the sale without conducting sufficient analysis of its environmental impact.

In court filings, Brown’s office requested Hurson continue to bar construction at the site until a trial on the larger issues under the National Environmental Policy Act and Administrative Procedures Act can be held.

Local officials and advocacy groups, including City Council members from Hagerstown and local chapters of the American Civil Liberties Union and NAACP, added their opposition. They argued in part that the proposed detention center threatens to overwhelm local infrastructure and harm Washington County economically.

U.S. Justice Department attorneys challenged Brown’s claims of environmental harm as “far too speculative” and argued the temporary stop-work order prevented DHS from taking basic steps to protect the property, such as adding the security system and making HVAC and roof repairs.

Agency officials acknowledged the ultimate goal for the site includes detention space but wrote that ICE is not “imminently pursuing” the retrofitting work and plans to conduct additional environmental analysis before moving forward.

As arguments got underway, Hurson indicated the court could grant the state’s request to maintain its bar on retrofitting the property into a detention facility while allowing ICE to make those basic improvements to protect the property.

ICE claimed the project was exempt from more in-depth environmental analyses required under NEPA because the proposed changes were minor and would not overtax local infrastructure.

But Hurson asked who at DHS made the determinations about traffic impacts and sewer infrastructure, as well as how and when they conducted the review. Justice Department attorneys couldn’t say. Hurson alluded to what appeared to be a rushed timeline, citing dates provided in the Record of Environmental Consideration that indicate the document was reviewed and approved just one day before the $102 million sale.

“That’s some serious government efficiency,” Hurson quipped.

Initial reports indicated ICE planned the site for 1,500 beds. However, agency officials have said they would limit capacity to 542 people and commit to additional environmental analyses before scaling up to 1,500.

Hurson, however, suggested that position could represent an admission that DHS should have conducted a comprehensive review in the first place.

The state threw another wrench into ICE’s plans Monday. The Department of the Environment issued an administrative order to Washington County barring it from granting additional wastewater permits for the site, writing in court papers that the surrounding sewer system cannot handle the increased demand of hundreds of detainees, a claim ICE disputes. The county must update its comprehensive water and sewer plan before it can issue such allowances, according to the order.