Marin County joins lawsuit over planned ICE facility near Gilroy

OAKLAND, Calif. - The fight to halt the development of a planned immigration enforcement detention facility in Santa Clara County has gained a new ally.

The Marin County Counsel’s Office on Wednesday announced its intention to sign a brief in support of the litigation brought by California Attorney General Rob Bonta and Santa Clara County Counsel Tony LoPresti earlier this month.

Bonta and LoPresti filed a lawsuit to block the development of a planned Immigrations and Customs Enforcement Facility in unincorporated Santa Clara County. The land was leased in 2025 by a private developer to the federal government, to be used by ICE.

The complaint

What they're saying:

The complaint asks the county to permanently enjoin the construction of the facility on the grounds that it violates the National Environmental Policy Act, the Immigration and Nationality Act, the Intergovernmental Cooperation Act, the Administrative Procedure CAct, and California’s Williamson Act.

"The Marin County Board of Supervisors remains firmly committed to opposing unlawful removals, federal overreach, and actions that undermine due process, community trust, and the rule of law," Eric Lucan, president of the Board of Supervisors said in a press release. "Immigrants have long been, and continue to be, an essential part of Marin’s community, economy, culture and shared future, and the County will continue to stand with immigrant residents and families through advocacy, legal action, and direct support."

Marin’s brief supports a motion for a preliminary injunction Bonta and LoPresti intend to file soon. It will focus on laws that have been violated in the development of the facility, and the harm that local communities will experience if an ICE detention facility is constructed in the region.

The Marin County Board of Supervisors in March committed $500,000 to invest in safeguarding immigrant communities, with resources directed toward legal rights education, family and child support services, and other coordinated support.

In March and May of this year, the board augmented that investment by a total of $1 million to continue providing support services to immigrant children and families.

Marin County has also joined the San Francisco v. Trump litigation, which challenges the executive branch’s attempts to deny federal funding for "sanctuary jurisdictions."

The planned development

The backstory:

The proposed facility is likely to be developed into an Enforcement and Removal Operations office, a release from Bonta’s office states. ERO offices are designed for administrative use and short-term detainment but have been the subject of numerous lawsuits, and investigative reports have revealed overcrowding, long-term confinement, and inhumane conditions.

"Under this administration, we’ve seen ICE offices have become mini-detention centers, despite being unequipped for long-term holding. That’s unacceptable. So is the secrecy surrounding details of this project. But one this is clear: ICE’s plans to construct a facility near Gilroy violates multiple federal laws," Bonta said in a press release.

The suit alleges that constructing the facility could permanently destroy the ecosystem, habitat and agricultural value of land that Santa Clara and California have protected for exclusively agricultural use since the 1960s. The project would also reportedly place severe strain on waste and drinking water infrastructure, and would cause heavy deterioration to critical roadways.

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