ACLU of Colorado sues ICE for records on detention expansion plans

The American Civil Liberties Union of Colorado is suing U.S. Immigration and Customs Enforcement in an effort to obtain records about plans to turn two vacant state prisons into immigration detention facilities.

ICE has been working on a plan to reopen the Hudson Correctional Facility, about 35 miles northeast of Denver, and the Huerfano County Correctional Center in Walsenburg, about 160 miles south of Denver. The agency is also considering expanding existing detention centers in Aurora and Ignacio.

The new federal Freedom of Information Act lawsuit argues that ICE has failed to respond to public records requests related to its plans.

"We think they don't want to respond because they don't want the public to know how they're planning to spend hard-earned taxpayer dollars to expand detention at this level, a level we've never seen in our state," said Tim Macdonald, legal director of the ACLU of Colorado.

If the proposals move forward, ICE's detention capacity in Colorado would triple. Details of the expansion plans only became public after ICE disclosed information in response to a separate ACLU lawsuit in July.

"In early August 2025, ICE officials told members of Colorado's congressional delegation that the federal government intends to open a second Colorado detention center in Hudson," the lawsuit reads, in part. "By reviewing the disclosed documents, the ACLU-CO found that Hudson REIT, a private real estate investment trust based in Chicago, submitted a response proposing to operate a facility formerly known as the Hudson Correctional Facility located in Hudson, Colorado, as part of ICE's immigration detention operations. In addition, CoreCivic submitted a response proposing to operate an immigrant detention facility at the Huerfano County Correctional Center. Other companies submitted additional responses for facilities in different parts of Colorado. In addition, the Southern Ute detention center has previously been used by ICE for immigrant detention in Colorado."

ICE previously said it is exploring all options to meet current and future detention needs. CBS News Colorado's reporting on ICE's plans was one of several news stories cited in the lawsuit.

The agency has not yet responded to a request for comment on the new lawsuit.