ICE detention facility construction in Gilroy remains on hold

GILROY, Calif. - A federal judge did not issue a final decision Tuesday afternoon regarding a planned Immigration and Customs Enforcement detention facility in Gilroy, but a temporary order halting all construction on the project remains in place.

Following a hearing that lasted nearly two hours, the judge extended the temporary stay prohibiting the federal government from moving forward with the project by one week, until Sept. 15. It is currently unknown whether the judge will issue a formal ruling by that date or schedule another hearing.

Gilroy ICE detention facility opposition 

The backstory:

Outside the Robert F. Peckham Federal Building and Courthouse in downtown San Jose, a coalition of community groups and elected leaders opposed to the facility gathered for a rally prior to the hearing, promising to fight the project to the end.

"We are a community that is fighting back," said Santa Clara County Supervisor Sylvia Arenas who represents Gilroy.  "You see us – we are organizing, we are showing up, and we are pushing back against unlawful construction and environmental and agricultural harm."

The proposed ICE facility is planned for a site surrounded by agricultural land in Gilroy.

Santa Clara County legal challenge 

What they're saying:

In court, attorneys for the federal government revealed that the lease for an existing ICE facility in Morgan Hill has expired. Federal lawyers argued that delaying construction on the Gilroy property will significantly impact agency operations.

While the government argued the two locations are essentially similar office environments that qualify for an exemption from the National Environmental Policy Act, the Morgan Hill site lacks a holding facility, which the planned Gilroy location includes. Government attorneys claimed this exemption applies to the proposed site.

Santa Clara County Counsel Tony LoPresti pushed back against the federal government's claims in court.

"Well, I think the evidence is clear, and it elicited laughter in the courtroom," LoPresti said. "They are trying to say that they have an office facility in Morgan Hill and they are trying to say all they are trying to do is build another office facility just like the one in Morgan Hill. That couldn’t be further from the truth."

Environmental concerns in Gilroy 

Dig deeper:

Attorneys representing Santa Clara County argued that real environmental dangers exist at the site, which is already contaminated from previous farmland operations that could be disturbed during construction.

County officials also noted that the existing onsite septic system cannot accommodate the estimated minimum of 85 detainees, employees, and visitors expected at the location at any given time.  Santa Clara County attorneys indicated they believe the final occupancy of the proposed facility could be even higher. 

"Not to mention that we are talking about ground disturbing construction that is going to occur here," LoPresti added. "I don’t think the evidence could be clearer that this is not an appropriate categorical exemption, and I am hopeful that the court will agree with us."

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