States and Environmental Groups Take DHS and ICE to Court Over Illegal Detention Center Expansions

Several state attorneys general and environmental organizations have filed lawsuits against the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), accusing them of violating federal environmental laws in their rush to expand immigration detention centers across the country.

These lawsuits stand apart from the usual legal battles over detainee treatment and conditions. Instead, plaintiffs argue that DHS and ICE ignored the National Environmental Policy Act (NEPA), which mandates federal agencies assess environmental impacts and engage the public before undertaking projects like constructing or renovating detention facilities.

At the core is the claim that ICE and DHS failed to perform the required environmental assessments before purchasing warehouses, starting construction, or renovating buildings to house detainees. Plaintiffs contend that large detention centers strain local water supplies, increase pollution, disrupt ecosystems, and burden public resources.

In addition to NEPA violations, some lawsuits cite breaches of the Administrative Procedure Act (APA), which requires agencies to consider alternatives and explain their decisions transparently.

DHS and ICE defend themselves by downplaying the environmental impact of these facilities and claiming their projects fall under legal exemptions. They have also attempted to shift environmental compliance responsibilities onto contractors.

The states leading these legal challenges include Maryland, New Jersey, and Michigan. Maryland secured a temporary restraining order halting construction on a detention center, citing risks to public health and protected waterways. New Jersey and Michigan have similarly challenged warehouse conversions intended to become large detention centers, highlighting zoning issues and lack of public input.

Meanwhile, the high-profile Alligator Alcatraz case in Florida, brought by environmental groups and the Miccosukee Tribe, challenges the state-run facility’s operations. Despite initial setbacks, the lawsuit remains active after appellate courts heard arguments this week. Central to the dispute is whether federal funding—promised but only publicly announced months later—triggers environmental review obligations.

This legal battle is critical as ICE detainee numbers hit a record 73,000. The outcome will shape how far federal agencies can push detention center expansions without environmental oversight or public accountability.

As the fight unfolds, it exposes the Trump administration’s pattern of sidestepping laws and rushing authoritarian policies at the expense of communities and ecosystems. We will keep tracking these cases to hold DHS and ICE accountable for their reckless disregard of both people and the planet.