The Trump administration is trying to conduct an environmental impact review of warehouses it plans to convert into immigration detention facilities, after a flurry of lawsuits alleging the administration violated federal requirements.
The Immigration and Customs Enforcement agency buys these warehouses to help increase deportation rates, which depend on having enough space to house detainees. Authorities currently have about 58,000 immigrants in custody, and have failed to reach their goal of reaching 100,000 beds by the end of last year.
But a plan to buy and rehabilitate warehouses to house tens of thousands more inmates could be delayed after hitting roadblocks, including opposition from residents and officials in the communities where the warehouses are located. Now, states are trying to block the projects by arguing that the Trump administration has failed to conduct environmental reviews required under federal law.
In court filings, ICE officials have argued that the warehouse’s renovations are exempt from the review required under the National Environmental Policy Act, citing a variety of reasons.
Justice Department officials have expressed concern in recent weeks that the approach could leave the administration vulnerable to legal challenges, internal documents say. That fear was reflected this month when a federal judge in Maryland blocked plans to redevelop a warehouse in the state, citing a lack of environmental review.
“That Maryland result changed their strategy,” said Jamison E. Colburn, a professor at Pennsylvania State University who specializes in environmental law. The administration’s environmental assessment initiative, he said, seems to be “biting the bullet because of the big loss if they don’t do it.”
Agency officials now have plans to conduct environmental assessments of at least two warehouses the government has purchased, according to documents obtained by The New York Times. Updates could take months, according to experts.
So far, the Department of Homeland Security, which houses ICE, has purchased 11 warehouses across the country for an estimated $1 billion.
In the Maryland case, the federal government argued that the project was not reviewed under the National Environmental Policy Act because, among other things, it was not near any environmentally sensitive areas and was on an already developed site. In the New Jersey and Michigan filings, the government indicated it would complete the environmental assessment after making specific plans for reimbursement.
So far, legal challenges targeting environmental issues have been filed against warehouse projects in New Jersey, Michigan, Maryland and Arizona.
In a statement, Homeland Security officials said the agency complied with federal laws and accused liberals of supporting an effort to force an environmental review to delay the Trump administration’s impeachment campaign.
The warehouse program is intended to help reduce the government’s reliance on private contractors and government agencies. Having more detention centers will allow the government to control the area. But a U.S. official, who was not authorized to speak publicly on the matter, told The Times that the new homeland security secretary, Markwayne Mullin, has expressed doubts about the purchase of the warehouses.
Todd Lyons, acting head of the immigration agency, told the House Appropriations Committee this month that Mr. Mullin was still studying ICE programs.
“He looked at our entire detention system. We make decisions based on whether we will move forward in those areas,” he said.
Mr. Lyons said these facilities will be built appropriately.
“In fact, it will be renovated to become a detention center, which we will be proud of, which will have standards,” he said.
The environmental law in question is the National Environmental Policy Act, which needs to be reviewed by the government on the potential environmental impact of the organization’s important actions. If agencies find that there may be a negative impact, then they must conduct a rigorous review.
In Maryland, state officials said in court that a warehouse project in Williamsport would lead to negative environmental impacts. According to court documents, ICE purchased the Williamsport facility for an estimated $100 million, with plans to convert it into “temporary housing and processing” for 500 and possibly up to 1,500 immigrants.
“Converting the Williamsport warehouse into a large immigration detention center would have a significant impact on the environment, the economy, and the public health and safety interests of the State of Maryland,” the lawsuit reads. “Among other things, these actions could harm the state’s natural and ecological resources – including the Potomac River tributary and important state-protected wildlife habitat.”
District Judge Brendan Hurson appeared to agree with that argument, saying that the agency did not address important requirements of the National Environmental Policy Act.
“Had DHS done that, it would have found that the immediate conversion of a processing facility with four toilets and two water wells into a temporary housing and work space for hundreds, if not thousands, would have jeopardized the health and safety of the surrounding ecosystem in many ways, especially by overcrowding the system the judge writes.
Allison McCann again Albert Sun reporting contributed.
