ICE May Be Illegally Using NJ Warehouse For Operations, AG Says

MORRIS COUNTY, NJ — After a tremendous legal back-and-forth ended with ICE being ordered to cease conversion plans for a Morris County warehouse it intended to use as a detention center, reports of ICE allegedly defying the court order have surfaced.

In June, court documents indicated that the federal government had abandoned its plans to convert a Roxbury warehouse into an immigration detention facility.

However, a July 10 filing says that "upon reconsideration, the agency (DHS) intends to move forward with plans to consider the retrofitting of the Roxbury Township warehouse facility for use as a detention facility."

Despite DHS's July 10 filing, the U.S. District Court's May ruling for ICE to cease conversion plans still stands, according to the New Jersey Attorney General's Office. Specifically, the federal organization is ordered to do only "limited maintenance" at the site, and all conversion projects and plans are to be put on hold, according to the U.S. District Court's ruling.

"If ICE tries to convert the Roxbury warehouse site into a detention facility, it would violate a court order," a NJOAG spokesperson told Patch. "We are carefully reviewing reports of ICE activity at the warehouse and will take all necessary steps to address any non-compliance with a court order."

The AG's office review comes as reports of ICE activity at the Roxbury site surface. Officials did not specify what kind of alleged ICE operations were being reported at the facility, whether it be immigrant detention, operation planning, or something else.

According to the Sussex Visibility Brigade, a community-run organization focused on "bringing attention and visibility to critical issues," there has been an uptick in ICE activity in and around the Roxbury warehouse.

A DHS spokesperson told Patch, "“Due to ongoing litigation, DHS has no further comment at this time.”

Background

In March, Sherrill and Davenport announced that the state of New Jersey and Roxbury 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).

“The safety and well-being of New Jerseyans will always be my top priority, and the Trump Administration’s plans for a detention facility in Roxbury will not make our residents safer. Instead, this facility will overburden local services and infrastructure,” said Sherrill. “This is not a partisan issue – Republican leaders in the community are similarly against this facility. That is why we are joining with Roxbury to stop this facility to protect the community and our Constitution.”

Additionally, the state and Roxbury filed a preliminary injunction motion in April, urging the U.S. District Court to stop the federal government from beginning construction on the facility until the lawsuit the state filed had been seen through.

In response, DHS filed a legal motion opposing the state’s attempt to halt construction.

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

The feds also attempted to justify the building of the facility in the filing, citing the "surge in unlawful immigration."

Related: ICE Tries To Deport 300K Immigrants From NJ. Only 7 Percent Have A Criminal History

ICE officials previously told Patch that the 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."

However, in May, it was announced that the federal government would be putting its plans on a temporary hold.

The DHS agreed to conduct an environmental assessment under the National Environmental Policy Act before proceeding with the facility’s construction, a process that could take several months.

The concession came months after the DHS told Patch it had already "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.

If the federal government had already conducted an environmental review before purchasing the property, it's unclear why it conceded to conducting an additional assessment.

Previous Coverage:

• ICE Prison In North Jersey Is Officially Nixed, Feds Say
• Morris Co. ICE Jail May Be Back On The Table: See Details
• DHS Won't "Back Down" On New NJ ICE Jail Despite Legal Filing: Feds
• New ICE Jail Construction In NJ Has Been Stopped, Sherrill Says
• New Bill Would Stop DHS From Converting NJ Warehouses To ICE Facilities On Taxpayers' Dime
• Protesters Take To The Streets Over Proposed ICE Facility In Morris Co.
• ICE Tries To Deport 300K Immigrants From NJ. Only 7 Percent Have A Criminal History