DHS, Arizona file order asking judge to pause Surprise ICE facility litigation

The Department of Homeland Security and Arizona Attorney General Kris Mayes on behalf of the state filed an order Tuesday asking a judge to pause litigation over a planned Immigration and Customs Enforcement detention center in the city of Surprise.

In April, Mayes sued DHS and ICE to try and block the agency’s plan to convert a 418,000-square-foot warehouse at 13290 W. Sweetwater Ave. into a detention facility, arguing it was designed as an industrial building and stating they have not completed environmental reviews required under the National Environment Policy Act.

Under the agreement, the state will not file a preliminary injunction against DHS and the department in return will get an environmental assessment that addresses its plan to retrofit and use the warehouse, which it purchased for $70 million in January, as a detention center.

Until the study is complete and a decision document or, if deemed necessary, a full environmental impact statement has been issued, DHS also agrees not to detain anyone at the facility or take any steps related to converting the warehouse into a detention center.

Additionally, DHS will provide the court with a status report 60 days after the stay is put into effect and every 60 days until the environmental study is complete and the decision or statement is issued.

After DHS provides its decision document or environmental impact statement, the state has 10 days to decide whether it wants to move forward with a preliminary injunction. If it does, then DHS has to hold off on any activities to convert the warehouse for 21 days or until a judge gives the department permission to move forward.

However, while the study is being done, the agreement does allow DHS to do work at the warehouse that is not related to converting it to an immigration detention center.

As of Tuesday night, the judge has not signed the stay order, and therefore it has no legal effect.

Public, city have taken steps to try to stop ICE facility

Earlier this month, community organizers filed a petition to disincorporate the city of Surprise in response to city leaders’ handling of the planned ICE detention center. They referenced safety and security concerns as their reason for the move, citing a Rinchem facility that stores thousands of gallons of hazardous chemicals being located in an industrial area across from the warehouse.

Additionally, in May, the city of Surprise sent a letter to DHS asking the agency to ensure its activities at the planned detention facility comply with the state and local laws.

Surprise Mayor Kevin Sartor has previously said the city lacks legal grounds to stop the facility.

DHS has agreed to pay the city $300,000 annually for use of the facility and to offset the lost tax revenue from a previously planned commercial distribution center.

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