Full Breakdown
State Lawsuits Challenge ICE’s Rapid Expansion of Detention Warehouses
4/29/2026, 3:23:00 AM
Legal Challenges Across Multiple States
Arizona, Washington, New Jersey, and Maryland have filed lawsuits or motions to block the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) from converting large warehouses into mass immigration detention facilities. The actions allege violations of the National Environmental Policy Act (NEPA), the Immigration and Nationality Act’s “appropriate place” requirement, and state-level health-inspection statutes.
Background: ICE’s Warehouse Acquisition Strategy
Since 2025, ICE has purchased at least eleven warehouses for roughly $1 billion, aiming to add tens of thousands of detention beds. Facilities cited include a 418,000-sq-ft warehouse in Surprise, AZ (bought for $70 million on Jan. 23, 2026), a 470,000-sq-ft site on Route 46 in Roxbury, NJ (purchased for $129.3 million in Feb. 2026), and an 825,000-sq-ft warehouse in Williamsport, MD. The agency argues the sites were selected after “careful evaluation” of environmental impacts.
Key State Actors and Facility Sites
- Kris Mayes, Arizona Attorney General, filed a federal suit against DHS/ICE.
- Nick Brown, Washington Attorney General, and Governor Bob Ferguson filed a motion to compel health-inspector access to the Northwest ICE Processing Center in Tacoma.
- Anthony Brown, Maryland Attorney General, sued over the Williamsport warehouse, citing endangered species.
- New Jersey Attorney General’s Office and Roxbury Township sued to block the Route 46 warehouse.
- Private operator GEO Group runs the Tacoma facility.
Capacity, Infrastructure, and Environmental Data
- Arizona’s Surprise warehouse was advertised for up to 1,500 detainees; city officials later said the plan calls for about 550 beds.
- New Jersey plaintiffs estimate 187,500 gal of wastewater per day for a 1,500-person facility, potentially overwhelming local sewer systems. ICE contends the design targets 542 detainees.
- Maryland’s lawsuit lists endangered species—brook bloater mussel, green floater mussel, Appalachian springsnail, Allegheny pearl dace, and checkered sculpin—at risk from construction sediment and sewage overflow.
- Federal appropriations allocated $45 billion to ICE in July 2025 for “single adult alien detention capacity and family residential center capacity.”
- Retrofit contracts for the Surprise site exceed $300 million; projected operating costs are $180 million over three years with $16 million annual tax revenue.
Official Federal Statements and Legal Defenses
ICE spokespersons assert the lawsuits are politically motivated, stating, “Let’s be honest about what is happening. This isn’t about the environment. It’s about trying to stop President Trump from making America safe.” The agency maintains that it performed required NEPA reviews and that the projects involve “categorical exclusions” for existing structures.
State and Local Opposition
Arizona officials argue the warehouse lacks water and sewage capacity and sits across from a chemical-storage facility containing thousands of gallons of hazardous materials. Washington’s AG cites over 2,700 complaints of medical emergencies, mold, and non-halal meals at the Tacoma center. New Jersey and Maryland plaintiffs emphasize inadequate consultation and potential strain on local infrastructure.
On-the-Ground Protests and Community Concerns
Hundreds gathered in Surprise, AZ, on April 25, 2026, chanting “house of horrors” and demanding transparency. In Tacoma, advocacy group La Resistencia reported detainee complaints about food, medical care, and religious accommodations.
Conflicting Reports and Legal Gaps
- Arizona’s lawsuit claims the facility could house up to 1,500 people; ICE’s brief cites a maximum of 542.
- New Jersey engineers’ wastewater estimates assume 1,500 detainees, while ICE’s design documents target 542.
- Maryland’s environmental review was completed in a single day, according to court filings, raising questions about the adequacy of the analysis.
Verbatim Quotes
- “The Trump administration has run roughshod over federal law in its rush to expand detention capacity across the country,” — Kris Mayes, Arizona Attorney General
- “People are being harmed in this facility and inaction is no longer acceptable,” — Nick Brown, Washington Attorney General
- “Federal immigration authorities are barreling past their legal obligations in an effort to build an immigration detention facility as quickly as they can,” — Anthony Brown, Maryland Attorney General
- “Let’s be honest about what is happening. This isn’t about the environment. It’s about trying to stop President Trump from making America safe. The flood of illegal aliens at the border under Biden was devastating for ranches and riverbeds, but the left did not lift a finger. They’re feigning concern now because they want to obstruct the President from removing dangerous criminals,” — ICE spokesperson
- “This motion is really about environmental law,” — Judge Brendan A. Hurson
- “We have documented over 2,000 complaints from people in detention and submitted that to the department of health and yet they are still not able to go in and inspect this privately owned and operated business,” — Josefina Mora-Cheung, La Resistencia
Future Litigation and Potential Outcomes
Judges in Maryland and New Jersey have issued preliminary injunctions halting construction pending full environmental review. Arizona’s suit seeks a permanent injunction. Washington’s motion aims to secure court-ordered health-inspector access. The outcomes will shape how ICE proceeds with its warehouse-based detention strategy and may set precedents for federal compliance with NEPA and state health-inspection laws.
