Judge blocks new Maryland ICE detention facility over concerns about sewage, rushed planning

A Baltimore judge has temporarily blocked Immigration and Customs Enforcement (ICE) from turning a large warehouse near Hagerstown, Washington County, into a detention center.

The controversial multimillion-dollar project is part of federal immigration enforcement efforts and would have housed hundreds of people, according to lawyers for the Department of Justice, who fought in Baltimore's federal courthouse Wednesday to allow retrofitting of the more than 800,000 square foot facility. 

The immigration facility in Washington County has sparked numerous concerns from state and local leaders, along with a lawsuit from the Maryland Attorney General's Office. 

"This preliminary injunction is a major and welcome step forward," Maryland Gov. Wes Moore said. "Construction on this proposed facility remains halted pending litigation, which is critical to protecting the community's environment, public safety, health, and long-term economic stability."

WJZ has reached out to ICE for comment. 

Judge pumps brakes on ICE plans

The U.S. District Judge Brendan Hurson, a Biden appointee, was critical of the government's stance during the hearing. 

He called the costs "exorbitant" and said the project was rushed and could be environmentally damaging. 

"There's a bigger picture to this case, and the court is not blind to that fact," Hurson said.

The hearing hinged on sewage at the facility, with lawyers for Maryland's attorney general arguing the current sewage system could not handle hundreds of detainees. 

The government said they planned to hold 542 people at the facility, even though initial documents showed up to 1,500 people could be housed there. 

"542 seems like a very specific number. How did they come up with that?" the judge asked. 

Department of Justice lawyers did not have an answer. 

"How can you say with a straight face that four toilets [in the warehouse] is the same as you would have with 542 people?" Hurson also asked government lawyers, referring to the current number of toilets installed at the facility. 

Steven Goldstein, a lawyer representing Maryland, argued, "The infrastructure in place just cannot support a facility, even at that scale."

Goldstein said the state was also concerned about damage to green floater mussels that thrive nearby and raw sewage runoff inundating neighboring properties. 

"This milestone comes just days after reports that ICE officials are reconsidering the scope of the proposed 1,500-bed facility plans that were thrust upon our Sixth District community under a shroud of secrecy, and without any meaningful opportunities for public comment," said Rep. April McClain Delaney.

DOJ responds

Department of Justice lawyer Sean C. Duffy said ICE "has committed to engage in environmental analysis."

Hayley Carpenter, another lawyer for the government, told Judge Hurson, "If ICE isn't able to get the warehouse operational, it will have to forgo arrests."

Carpenter claimed there were more than 5,000 immigrants in Maryland with criminal records.

"ICE is attempting to do the right thing here to create its own detention center," she said. "…This facility would provide a safe, secure detention space close to detainees' family and legal counsel."

Protests outside 

Several hundred people gathered outside the federal courthouse in downtown Baltimore ahead of the hearing.

"We will continue to fight in the courtrooms. We will continue to fight in the streets, and let me tell you something, we will shut it down," said Ama Frimpong, from the immigration advocacy group CASA.

Baltimore City Councilman Mark Parker said the detention center plan was "straight evil."

Dana Vickers Shelley, the executive director of Maryland's ACLU, told the crowd, "The issue is not just whether one warehouse in Hagerstown is fit for human habitation, because we know it won't be, but something larger—much larger—whether this federal administration will be allowed to expand without scrutiny."

WJZ reached out directly to ICE on Wednesday for a response and has yet to hear back. 

In March, an ICE spokesperson said, "The Hagerstown facility has undergone community impact studies and a rigorous due diligence process to make sure there is no hardship on local utilities or infrastructure prior to purchase." 

At the time, ICE also responded to allegations by some top Maryland Democrats, including the governor, who said the facility would hamper the economic impact.

Security measures allowed

While Judge Hurson blocked the detention center, he said he would allow the government to install an extensive security system and an 8-foot-high fence around the property after the government said there had been vandalism on the site near rural Williamsport. 

Hurson also allowed some drywall work for the office space to be constructed. "Those are expensive offices," he said. 

Detainees have been held at the Fallon building across the street from where the hearing took place. Some Democrats have criticized conditions there.