Howard County councilwoman demands county leaders step up defense in federal lawsuit
Howard County Councilwoman Liz Walsh is criticizing a recent filing by the county in the lawsuit regarding the proposed ICE facility in Elkridge.
In a statement Wednesday, Walsh called on county leaders to "pursue every available legal defense" against Genesis GSA Strategic One LLC -- the company building up the facility.
A federal judge is still deciding whether or not the facility can get back on track. Genesis sued Howard County in March, after the Howard County Council revoked the building's permits and passed a ban on privately owned detention centers in the county.
Genesis claims county leaders illegally revoked the permits and that the county is obstructing the federal government's authority.
"Shocking concession"
After the May 14 hearing at Baltimore's federal court, Genesis had to file the lease for the Elkridge facility for U.S. District Court Judge Adam Abelson and Howard County counsel to review.
In reviewing the lease, Senior Assistant County Solicitor David Moore said in a filing the ban on privately owned detention centers wouldn't apply to the Elkridge building.
"After consulting with the Code Enforcement Official, the County can confirm that Council Bill 16-2026 will not have application to the building permit for the property under the lease that has been supplied, because a government entity is and will be responsible for this detention facility," the filing reads.
In a statement, Walsh described the filing as a "shocking concession."
"No new facts have emerged to make that law 'irrelevant,' and the County should not be conceding any valid argument when so much remains at stake," Walsh said.
Michael Edney, the lawyer representing Genesis, has said the company would have nothing to do with the building's operations in court filings, as well as during the hearing on May 14.
Edney said the building is meant to be a replacement for ICE's field office in Downtown Baltimore, and while it would have space for detention, it would only be around 4% of the building's total square footage.
The detainments would also be very temporary, would only be during the building's office hours, and no one would be detained overnight.
Walsh also noted how a state-required public comment process hasn't been started for the facility, which is something county lawyers argued as a reason the permits were revoked in the first place.
It's not clear when Abelson will make a decision on the case. Edney is seeking a preliminary injunction: to get the permits reissued and to declare the private detention center ban unconstitutional.
Howard County lawyers are trying to get this case thrown out.
