Elkridge ICE Detention Facility Faces Another Hurdle

ELKRIDGE, MD — Howard County officials have appealed a federal judge's order that permits construction to resume on a proposed ICE detention facility in Elkridge.

Officials have asked the court of halt that order while the appeal advances.

The county revoked construction permits for the facility in February, stating that the developer failed to follow a state law requiring public notice before a permit can be issued for an immigration detention facility. The project has been on hold for six months.

"The creation of privately-owned detention facilities anywhere in our county and state raises serious concerns about health, welfare and oversight that must be addressed. As we continue to see the devastating consequences of federal enforcement actions that have led to loss of life and unrest, we must stand united against any actions that cause more harm, fear and division within our community," Ball said in a statement in February.

Judge Adam Abelson issued a preliminary injunction on Aug. 10 that vacated the permit revocations, reinstated the construction permits and barred the county from enforcing the state law against the developer, Genesis GSA Strategic One LLC. Genesis is building the facility at 6522 Meadowridge Road under a contract with the Department of Homeland Security.

Genesis stated that the county's application of the state law "unfairly targets the federal government and violates the Supremacy Clause of the U.S. Constitution." The company said the six-month delay has cost nearly $1 million in accruing interest.

Genesis GSA Strategic One LLC, claims earlier this year that county officials interfered with and obstructed the federal government's authority to enforce immigration law and open detention sites. It states that the county violated the U.S. Constitution and a federal civil rights law but backing away from the project, Patch reported previously.

The county filed its notice of appeal and a motion to stay the preliminary injunction on Aug. 24, asking the court to pause the judge's order pending the outcome of the appeal before the 4th U.S. Circuit Court of Appeals.

In its motion, the county argues the injunction rests on a legally flawed conclusion and that allowing construction to continue during the appeal could render the case moot before the 4th Circuit can weigh in.

Genesis opposes any stay of the injunction and has said it will file a formal opposition to the county's motion.

Hundreds of residents voiced concerns back in March at a public meeting held regarding the emergency bills, Patch reported previously. In 2020, the Howard County Council passed the Liberty Act, which prohibits the use of county resources for immigration enforcement unless it is required by federal or state law, an international treaty or an existing intergovernmental service agreement.

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