Arizona Attorney General Challenges Proposed ICE Facility
Arizona Attorney General Chris Mays has initiated legal action against the Department of Homeland Security regarding a planned ICE facility in Surprise. Mays made the announcement on Friday at the site of the proposed facility, a substantial, inactive warehouse situated less than a mile from several schools, local businesses, and a city park.
The proposal has generated significant opposition from local residents, including city officials and high school students. However, Mays’ lawsuit marks the first significant legal challenge against the facility at the federal level.
Mays articulated the importance of taking a stand, asserting, “Every battle we choose not to fight is lost. Today, Arizona State is choosing to fight.” His complaint targets DHS Secretary Markwayne Mullin and Acting ICE Director Todd Lyons, accusing them of sidestepping federal environmental regulations in their expedited plan to increase detention capacity nationwide.
Additionally, the lawsuit claims that the planned facility violates the Immigration and Nationality Act, which mandates that immigrants be detained in “appropriate” locations. Mays contended that the ICE facility, repurposed from a warehouse, is inappropriate due to its proximity to a hazardous chemical storage site.
The complaint states, “The Surprise Warehouse was constructed as an industrial distribution facility for up to four commercial tenants and is not intended to house hundreds of people.” This wording underscores concerns about safety and suitability as the facility moves forward.
Arizona’s prominent law enforcement officials have voiced objections to planned ICE facilities previously. In a letter addressed to former DHS Secretary Kristi Noem earlier this year, Mays hinted at potential use of public nuisance laws to obstruct construction efforts.
During Friday’s announcement, Mays drew attention to the death of Emmanuel Damas, a 56-year-old Haitian man who passed away in ICE custody last month. Damas reportedly suffered from untreated dental issues for weeks while detained in Florence, a situation highlighted by his brother speaking to AZPM.
Multistate Legal Actions Against DHS
Local governments across the United States are increasingly exploring legal avenues to halt the establishment of new ICE detention and processing facilities. This activity comes as DHS moves to augment its detention capabilities to unprecedented levels. According to an ICE memo from February, there are plans to expand nationwide bed capacity to 92,600.
Mays is joining forces with several other states that have also filed lawsuits against DHS over plans to construct new ICE facilities. For instance, in February, Maryland Attorney General Anthony Brown challenged the potential conversion of a rural warehouse into a detention center.
In March, New Jersey’s attorney general and governor also lodged similar complaints. Like Mays, they accused the federal government of violating its own regulations, including the National Environmental Policy Act. Those lawsuits are still progressing through the court system.
City officials have raised concerns about the proposed facility and maintain regular communication with DHS and ICE. City Administrator Andrea Davis noted during a recent City Council meeting the need to establish a legally binding agreement with ICE that would prohibit federal agents from “loitering” on city property, including schools and community areas.
In response to Mays’ lawsuit, an ICE spokesperson criticized the complaint, asserting that the agency had undertaken assessments to minimize environmental impact. The spokesperson contended, “Let’s be honest about what’s going on. This is not an environmental issue. This is an attempt to stop President Trump from making America safer.”
