DHS Scrambles to Conduct Environmental Reviews for ICE Detention Sites After Maryland Court Halts Construction

The Department of Homeland Security (DHS) is now scrambling to conduct environmental surveys for Immigration and Customs Enforcement (ICE) detention facilities across the country after a federal judge in Maryland halted construction at a planned site for failing to comply with the National Environmental Policy Act (NEPA).

Local governments have increasingly turned to lawsuits to push back against DHS’s aggressive detention expansion plans, citing the agency’s repeated failure to conduct legally mandated environmental reviews. According to court documents obtained by The New York Times, DHS and ICE are commissioning site plan reviews for at least two warehouses, including one in Romulus, Michigan, near Detroit Metro International Airport. These reviews, which could take months, come only after judicial intervention.

In the Maryland case, the court found that DHS neglected to assess the environmental impact of converting a cargo-processing facility with minimal amenities into a detention center housing hundreds or thousands of people. The judge noted that such a rapid transformation would likely strain local infrastructure, including the sewer system, jeopardizing the health and safety of the surrounding ecosystem.

Maryland Attorney General Anthony Brown sued DHS in February, accusing the Trump administration of sidestepping environmental laws to push forward ICE detention projects. The judge’s order allowed DHS to continue interior renovations unrelated to detention but stopped construction of the facility itself.

DHS and ICE claim compliance with federal laws and argue that environmental objections are politically motivated attempts to block immigration enforcement. An ICE spokesperson told Straight Arrow that they “carefully evaluated” the use of existing facilities to minimize environmental harm.

But local officials like Leavenworth, Kansas Mayor Nancy Bauder see the lawsuits as necessary to enforce permit rules and prevent unchecked federal overreach. Bauder told Straight Arrow, “It’s our law, and they need to follow our law.”

The Maryland ruling is part of a broader legal battle over ICE detention centers. In Florida, the 11th Circuit Court of Appeals recently sided with DHS, ruling that a detention facility known as “Alligator Alcatraz” is operated by the state, not the federal government, thus exempting DHS from environmental review requirements. Environmental groups and Native tribes had challenged the facility’s operation, but the court found the state’s cooperation with ICE under the 287(g) program means Florida controls the site.

This patchwork legal landscape highlights how DHS has sought to evade environmental accountability by exploiting jurisdictional ambiguities and rushing detention center construction. But with local governments mounting costly legal challenges, DHS faces growing pressure to adhere to environmental laws designed to protect communities and ecosystems from the harmful impacts of mass detention.

As Secretary Markwayne Mullin transitions into his role, DHS says it is reviewing agency policies and proposals. But the Maryland court order and ongoing lawsuits underscore the urgent need for transparency and accountability in ICE’s detention expansion plans—something the Trump administration repeatedly ignored.

We will keep tracking these legal battles and their implications for immigration enforcement and environmental justice. The fight to hold DHS accountable is far from over.