California Takes On ICE: State Files Lawsuit Over Alleged Secret Detention Facility

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California officials have launched a sweeping legal offensive to halt construction of what they claim is a clandestine federal immigration holding center on protected agricultural land in Santa Clara County.

According to Just The News, the state of California and Santa Clara County have filed suit against U.S. Immigration and Customs Enforcement, the Department of Homeland Security, the General Services Administration, several federal officials, and Beverly Hills-based ECG 6 LLC, seeking to block a facility they argue is being built in violation of both federal and state law. The GSA, which oversees federal construction projects, is alleged to be moving forward with a roughly 18,700?square?foot complex on county land near the agricultural city of Gilroy, even as DHS publicly insists it is not constructing a new detention center at the site.

County leaders, who have long embraced progressive immigration policies, are framing the project as both unlawful and destabilizing for their heavily immigrant population. The action taking place in [the] county is unlawful, and spreads fear throughout our county, Otto Lee, chair of the Santa Clara County Board of Supervisors, told The Center Square, adding, This project was being developed secretly, and violates the National Environmental Policy Act, the Immigration and Nationality Act, the Intergovernmental Cooperation Act, the Administrative Procedure Act and Californias Williamson Act, to name a few."

The lawsuit, filed by California Attorney General Rob Bonta and the county, challenges the development of what they describe as an administrative and short?term detainment facility on the 7200 block of Holsclaw Road in unincorporated Santa Clara County. The complaint argues that the project flouts Californias Williamson Act, which has restricted the property to agricultural use since 1967, and accuses federal officials of concealing the true nature of the facility from local authorities and the public.

Plaintiffs say the planned complex would be capable of holding up to 150 detainees and is being sited in an area that includes habitat for endangered species and suffers from limited waste?disposal capacity. The complaint further alleges the presence of hazardous materials on the property, including a toxic fungicide called thiram, ethidium bromide, calcium hypochlorite and acid-based chemical wash water, raising environmental and public?health concerns that California officials are using to bolster their case.

Construction allegedly began on May 4, with plaintiffs asserting that federal agencies moved ahead without the environmental reviews and intergovernmental coordination they say are required by law. The lawsuit contends that federal officials with knowledge of the project concealed its true nature, a charge that dovetails with a broader pattern in which local progressive governments resist federal immigration enforcement while still demanding extensive consultation and procedural hurdles.

DHS, for its part, is publicly downplaying the controversy while signaling that it intends to expand its enforcement footprint regardless of local political opposition. We have no new detention centers planned at this location, a spokesperson from the U.S. Department of Homeland Security told The Center Square via email on Thursday, but the same spokesperson added, Every day, DHS is conducting law enforcement activities across the country to keep Americans safe. It should not come as news that ICE will be making arrests in states across the U.S. and is actively working to expand detention space.

Public records from the GSA, however, indicate that a federal facility is indeed planned at the Holsclaw Road site, with blueprints that include unmistakably security?oriented features. The documents show building components labeled man trap and ammunition/weapons suite, alongside visitor room and interview room, and are emblazoned with the heading, "Construction Documents. GSA. General Services Administration. Gilroy, California."

Local elected officials in Gilroy, a city known for its agricultural heritage and large immigrant population, have lined up against the project, arguing that the location is inappropriate even as they acknowledge the federal governments authority over immigration. What I understand this would be is a federal Immigration and Customs Enforcement processing center outside of Gilroy, said Gilroy Mayor Greg Bozzo, who added, I understand it to be a facility that, in my opinion, and in the opinion of our city council, is located in the wrong place. The majority of our community is in alignment with our city council, which voted unanimously to pass a resolution opposing this facility in this location.

Bozzo said many residents, including immigrants, have approached him with concerns about the anxiety and uncertainty the project is causing in the community. Gilroy is a community that is known for caring for one another, Bozzo said. We are a strong-knit community where people know each other, and we are concerned for everyone for the type of anxiety that this is bringing to our community.

Because the site lies in unincorporated territory, Santa Clara Countynot the city of Gilroyhas direct jurisdiction over the land, which is being leased by the federal government. County officials say they share Gilroys objections and are using their legal authority to try to stop or at least delay a facility that, in practice, would help ICE enforce federal immigration law in a state whose political leadership has repeatedly sought to shield illegal immigrants from detention and removal.

Tony Lopresti, county counsel for Santa Clara County, underscored that the county has a long record of litigation aimed at curbing federal immigration enforcement. Our office has a long history of litigation around immigrant rights issues, Lopresti told The Center Square, noting, Our county has pretty much the largest ratio of foreign-born residents in the nation at 42%. Our board is a board that very much understands that immigrant community is at the core of our countys identity.

Lopresti pointed out that the county previously sued the Trump administration over immigration policies, and he complained that federal officials did not engage in outreach or coordination before moving ahead with the Gilroy?area project. At the very least, we would expect they would comply with the applicable laws, Lopresti said. It requires they seek out and consider the perspectives of local and state government, that they evaluate alternative locations, whether they could use existing locations."

According to Lopresti, federal agencies ignored those expectations and pressed forward without transparency. "They did none of that," he said. "They just proceeded under full secrecy to ram through a project.

The California Department of Justice, overseen by Bonta, and ICE did not respond to The Center Squares requests for comment, leaving unanswered questions about how the Biden administration intends to reconcile its stated commitment to enforcement with the demands of sanctuary?oriented state and local governments. The GSA, for its part, responded via email that it does not comment on active litigation, while lawyers from the San Francisco firm Shute, Mihaley and Weinberger, representing the plaintiffs, also declined to comment, ensuring that for now the legal filings, the blueprints, and the competing public statements are the only guideposts in a fight that pits federal authority to secure the border and detain illegal immigrants against Californias ongoing effort to obstruct and litigate nearly every serious attempt at immigration enforcement.