City sues feds over planned ICE detention center

The city of San Antonio is filing a lawsuit against the federal government regarding an alleged failure by the Trump administration to comply with federal requirements in developing the latter's proposed East Side detention facility, which would house up to 1,500 undocumented immigrants. (Photo courtesy of LoopNet)

By Edmond Ortiz

The city of San Antonio filed a lawsuit in federal court Oct. 13, formally voicing concerns to the Trump administration about the latter’s plan to develop a local detention facility to house undocumented immigrants.

What you should know

City officials used a press conference to announce what many observers have felt was the next logical step. The lawsuit filing comes days after City Council passed a resolution, requesting an utilities impact analysis of the vacant Southeast Side warehouse that U.S. Immigration and Customs Enforcement (ICE) plans to turn into a “processing center” that houses undocumented immigrants.

According to local officials at the news conference, the city wants the U.S. Department of Homeland Security to comply with the National Environment Policy Act (NEPA) by performing an environmental review of the site at 542 SE Loop 410 before construction work commences. 

City leaders said they have not received any direct communication from ICE or other federal agencies about the proposed detention center despite federal officials’ assurance that they would keep local authorities in the loop. ICE reportedly signed an agreement with security firm GardaWorld to begin preparations for the facility.

According to a city press release, the NEPA requirement for an environmental assessment calls for a comprehensive study of how such a detention facility, which could house up to 1,500 individuals, might affect the surrounding physical environment, and the socioeconomics of the community.

Many residents, including several local pro-immigration and social justice groups, have railed against ICE’s growing presence in the San Antonio area, and its plans for a local detention facility. 

Hundreds of people opposing the proposed Immigration and Customs Enforcement detention center march to the East Side facility site Oct. 3 to protest the center and ICE’s expanding presence in San Antonio. (Photo courtesy of 50501 SATX)

What they are saying

City officials said the lawsuit is focused on the federal government’s ability to follow its own requirements prior to safely and legally developing and operating a detention center. The suit is not challenging the federal government’s authority to enforce federal immigration laws.

“This action is focused on ensuring that applicable legal requirements are followed and that the community’s interests are protected,” City Attorney Andy Segovia said in a statement.

The council’s two conservatives, Marc Whyte and Misty Spears, denounced the lawsuit, just as they voted to oppose the city’s request for CPS Energy and the San Antonio Water System to conduct a utilities impact on the detention center site.

In a joint statement, the North Side council members argued they feel the city is challenging the federal government’s efforts to enforce immigration laws. They added that because the Southeast Side warehouse property is now federally owned, city zoning regulations would not apply. They also said litigation would prove to be a waste of public money.

“This lawsuit is the wrong fight, and taxpayers will foot the bill,” Whyte said in a statement. 

SA Stands, a coalition of individuals and organizations trying to protect immigrants’ rights, applauded the city’s move to sue the federal government.

“In announcing today’s lawsuit, the City Council is taking another crucial step to hold ICE accountable for their failure to follow federal and local standards,” Priscilla Olivarez, SA Stands member and Immigrant Legal Resource Center official, said in a statement. “Our local leaders must use every available tool to protect our communities and to shut down this ICE warehouse.”

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