MORRIS COUNTY, NJ — Plans to redevelop a Morris County warehouse into an immigrant detention center have come to a halt following an intense legal battle between a New Jersey town, the Garden State, and the federal government.
After a tremendous legal back-and-forth between the state and the Department of Homeland Security (DHS), the construction of an immigrant detention center in Roxbury is being put on hold so an environmental impact study can be completed.
The move comes after the state 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, the DHS filed a legal response opposing the state’s attempt to halt construction.
The legal battle came after the state and Roxbury legally challenged the construction of the facility back in March, citing violations of the National Environmental Policy Act, the Intergovernmental Cooperation Act (ICA), and the Immigration and Nationality Act, to which the feds fervently opposed.
On Tuesday, 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.
“Since we filed litigation, we’ve been demanding the federal government back off its rushed construction and operation of an immigration detention center in Roxbury,” Mikie Sherrill, Mayor Shawn Potillo, and AG Jennifer Davenport said in a joint statement. “We’ve been clear from the beginning that DHS’s proposed ICE detention facility in Roxbury will harm the community and won’t do anything to make us safer. If DHS conducts a proper analysis, it will discover that this industrial warehouse is no place for a detention center. If DHS continues to plow ahead after conducting its further analysis, we will return to Court to seek relief immediately.”
Immigration and Customs Enforcement previously told Patch 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.
More: Environmental Group Jumps On Suit Against ICE Jail In Morris Co.
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.
Federal officials 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."
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