Part of lawsuit over Howard County ICE facility thrown out
A federal judge has declared some parts of a lawsuit against Howard County moot in a decision filed Thursday.
Genesis GSA Strategic One LLC sued the county, claiming the recently passed ban on privately owned detention centers targeted its proposed Immigration and Customs Enforcement (ICE) facility in Elkridge.
Genesis argued the ban is unconstitutional and sought a preliminary injunction to get the building's permits reissued.
Motion denied
U.S. District Court Judge Adam Abelson cited the county's recent filing in the case as a reason for his decision.
After the May 14 hearing at Baltimore's federal court, Genesis had to file the lease for the Elkridge facility for Judge Abelson and Howard County counsel to review.
In reviewing the lease, Senior Assistant County Solicitor David Moore said in a filing that 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 his decision, Abelson wrote that the county's filing has rendered Genesis's argument for a preliminary injunction moot.
Abelson still hasn't issued a ruling on whether or not the building's permits can be reissued or on the county's motion to dismiss.
Genesis has seven days to file an amended complaint in the case.
County councilwoman weighs in
Thursday's decision comes just one day after Howard County councilwoman Liz Walsh urged the county to "pursue every available legal defense" against Genesis.
In a statement, Walsh described the county's 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," she said.
She 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.
