NJ Takes Trump To Court Over New ICE Prison

MORRIS COUNTY, NJ — The state of New Jersey is in Roxbury’s corner in its legal battle against an Immigration and Customs Enforcement (ICE) detention facility.

Last month, the Department of Homeland Security purchased a Roxbury warehouse with the intention of converting it into a detention center for immigrants. The plans indicate it will house up to 1,500 immigrants at a time.

The move has sparked outrage from residents, local politicians, lawmakers, and, seemingly, New Jersey’s governor, Mikie Sherrill.

Related: ICE Buys North Jersey Warehouse For Detention Center, Sparking Bipartisan Outcry

On Friday, Sherrill and Attorney General Jennifer 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.”

Specifically, the suit claims the site is unlawful for the following reasons:

• “The site is currently a vacant warehouse located at 1879 Route 46 within the Township of Roxbury. The building consists largely of a single large room with concrete floors and only four toilets.

• The property lacks adequate water or sewage access to accommodate up to 1,500 detainees and 1,000 ICE staff.

• Converting the warehouse into a detention center would multiply the gallons of wastewater per day by more than 15 times the current approved limit. The sewer conveyance infrastructure cannot accommodate that great of an increase. If ICE exceeds the capacity of the existing infrastructure, there is a serious risk of damage to the sewer system, and sewage overflows into nearby streets, land, and waterways. These waterways include Lake Musconetcong, which is 1,000 feet away and downhill from the warehouse, and Lake Hopatcong, the largest freshwater lake in New Jersey.

• The Highlands region provides drinking water for 70% of the State of New Jersey and is designated as a “landscape of special significance” by the New Jersey Legislature. If ICE and DHS attempt to draw water for the detention facility and thus further strain an already stressed water system, DHS and ICE threaten the system for the entire area. A large ongoing water withdrawal that was not previously anticipated poses a substantial risk of exceeding system capacity, which could in turn reduce water pressure and reliability for residents, impair flows needed for fighting fires, deplete groundwater, and diminish nearby wells.

• The warehouse is located right off of the Highway 46 interchange with Interstate 80, an already dangerous section of road that has been the site of multiple traffic fatalities. The federal government has not provided any details regarding expected traffic impacts, but it is expected that about 1,000 staff will work at the warehouse following its conversion, adding hundreds of new vehicles to nearby roads during rush hour.”

Roxbury Mayor Shawn Potillo commended the state for its “swift and decisive action” in fighting back against the facility.

“We remain confident that, through this process, it will be clearly demonstrated that this location is not appropriate for a facility of this nature, given the significant impacts it would have on our residents, local resources, and the surrounding environment,” Potillo said. “This partnership is also important for Roxbury residents, as the Office of Attorney General can provide significant legal resources that protect Roxbury’s local property taxpayers from shouldering most of this cost alone.”

ICE told Patch Friday 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.

Federal officials also 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 state and Roxbury, however, 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.

"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."

The suit comes as two New Jersey senators, Cory Booker and Andy Kim, introduced the “End Warehouse Detention Act,” which, if passed, would prevent the Department of Homeland Security (DHS) from using taxpayer dollars to purchase warehouses for immigrant detention.

Read More: New Bill Would Stop DHS From Converting NJ Warehouses To ICE Facilities On Taxpayers' Dime

Editor's Note: This article has been updated with comments from ICE

More From Patch:

• Anti-ICE Facility Advocates Urge Roxbury Attorney, GOP Senate Leader, To Resign
• 'Inexcusable': New NJ ICE Facility Sparks Further Backlash

• Hundreds Rally, Yet Again, To Oppose Morris County ICE Facility