A U.S. district judge extended a court-ordered pause on a proposed Maryland immigration detention facility following environmental law violations and raw sewage concerns from the construction.
The Department of Homeland Security and Immigration and Customs Enforcement have plans to open and operate a detention center at a 54-acre warehouse property it bought on Jan. 16 near Williamsport, Maryland, for $102.4 million.
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The proposed design includes converting the warehouse into a 1,500-bed ICE detention facility. The state cites that Washington County’s sewage system is nearly at capacity, with estimates of nearly 400 gallons a day in overalloted waste.
The state pointed to federal law requiring agencies to conduct environmental reviews under the National Environmental Policy Act. The attorney general’s office said the lawsuit alleges that DHS and ICE violated NEPA by purchasing the Washington County property and moving forward with construction plans without conducting any of the required steps, along with skipping consultations with state officials.
The state’s attorney, Steven Goldstein, warned that if the ICE facility opens, raw sewage will back up and leak into homes, businesses, and waterways, causing an immediate public health emergency and irreversible property damage.
State calculations estimate that this will result in an exponential increase in sewage output, as a typical warehouse facility would generate 25,000 gallons of raw sewage a day, whereas a 1,500-bed facility would generate 188,000 gallons.
However, Department of Justice attorneys Sean C. Duffy and Hayley Carpenter argued on behalf of the federal government that the state has no standing.
“The agency does have to comply with state and local law,” Duffy said, admitting that “an environmental review must be done.”
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Gov. Wes Moore (D-MD) issued a statement on the ruling, citing the preliminary injection “is a major and welcome step forward.”
ICE could be amending its proposal due to environmental constraints, according to recent court filings, while DHS has not responded to the lawsuit.
