Feds Push Back On NJ's Move To Halt ICE Jail Construction

MORRIS COUNTY, NJ — Immigration and Customs Enforcement (ICE) has pushed back against the state’s legal move requesting that construction of an immigration detention facility be halted as a lawsuit unfolds.

Earlier this month, the state of New Jersey filed a preliminary injunction motion, weeks after it filed a lawsuit against ICE, claiming its plans to convert a warehouse into a jail in Roxbury are unlawful.

On April 23, ICE filed a response with the U.S. District Court opposing the plaintiffs' (New Jersey and Roxbury) call for construction to cease as court proceedings are underway.

The state's injunction request claims ICE is in violation of the National Environmental Policy Act, the Intergovernmental Cooperation Act (ICA), and the Immigration and Nationality Act.

ICE says that the state's claims "lack standing," and therefore, "fail to meet their heavy burden of establishing... factors (to) support an injunction."

Additionally, federal officials made their case with the court as to why they believe construction must begin sooner rather than later, citing increasing numbers of immigrants due to be deported.

"Within New Jersey, there are 351,008 individuals who have final orders of removal, including 11,568 with criminal records, and 13,325 with pending criminal charges—all who
must be deported," the legal filing reads. "The deportation process requires (the Department of Homeland Security) to temporarily detain the aliens with removal orders. To serve the urgent need for a detention center because of the surge in unlawful immigration, DHS has acquired a property in Roxbury, New Jersey."

ICE also said that the facility is designed to accommodate 542 detainees, contradictory to the state's claim that it would house roughly 1,500 detainees. It added that these detainees would be kept in housing areas that include standard dormitory pods, ADA-compliant pods, and behavioral and special housing units.

A hearing was scheduled by a federal judge for May 12, where a decision on the injunction proposal is expected to be made.

Background

In February, the Department of Homeland Security purchased a Roxbury warehouse for $129 million with the intention of converting it into a detention center for immigrants.

The purchase comes after months of pushback from residents, town officials, and state representatives. It traces back to a December Washington Post report that said the 470,000-square-foot warehouse was being eyed by ICE as one of many warehouse-turned immigration facilities across the country.

The town of Roxbury, which is joining state officials in the lawsuit against the Trump Administration, said it "will not passively accept this outcome."

An extreme concern from town and state officials is the impact the facility will have on local resources and infrastructure, and therefore, on the town's finances.

Both the state and Roxbury project that the site will account for a $1.8 million annual loss in tax revenue—impacting the Township, school district, and county—representing an estimated $85 million loss over the next 30 years.

However, ICE told Patch recently that it had "carefully evaluated the use of existing facilities to help minimize environmental impacts, including potential impacts to protected species, sensitive natural resources, and valued cultural resources," before the purchase.

Federal officials also told Patch previously that the Roxbury detention center will bring 1,300 jobs to the area, contribute $161.2 million to GDP, and bring in more than $39.2 million in tax revenue.

The Lawsuit

On March 20, Sherrill, Attorney General Jennifer Davenport, and the town of Roxbury announced that they would be suing ICE over their plans to build the facility.

The suit highlights violations of the Administrative Procedure Act (APA), the National Environmental Policy Act (NEPA), the Intergovernmental Cooperation Act (ICA), and the Immigration and Nationality Act (INA).

It says the facility lacks adequate water or sewage access, would produce harmful wastewater that could damage Lake Hopatcong and Lake Musconetcong, and could create dangerous traffic in an already high-traffic area, to name a few concerns.

Read More: NJ Takes Trump To Court Over New ICE Prison

ICE officials, however, say opposers are "feigning concern" over the facility.

"Let’s be honest about this. This case isn’t about the environment. It’s about trying to stop President Trump from making America safe again," an ICE representative wrote in an email to Patch. "The left didn’t care about the mountains of litter that illegal aliens dropped on ranches and riverbeds during Biden’s border crisis. They’re feigning concern now because they want those same illegal aliens to stay forever and vote here."

More From Patch:

• Anti-ICE Facility Advocates Urge Roxbury Attorney, GOP Senate Leader, To Resign
• Environmental Group Jumps On Suit Against ICE Jail In Morris Co.
• New Bill Would Stop DHS From Converting NJ Warehouses To ICE Facilities On Taxpayers' Dime
• 'Inexcusable': New NJ ICE Facility Sparks Further Backlash

• Hundreds Rally, Yet Again, To Oppose Morris County ICE Facility