Officials from Roxbury, the state government, and the federal government reached an agreement Tuesday barring immigration officials from converting a Roxbury warehouse into a detention center without first conducting an environmental impact study.
State and local officials had filed suit in March against the Department of Homeland Security’s plans to open an immigrant detention center in Roxbury; Democrats and Republicans alike agree the local infrastructure could not support such a facility, which might hold more than 1,000 detainees.
In a joint statement, Gov. Mikie Sherrill, Attorney General Jennifer Davenport, and Roxbury Mayor Shawn Potillo said the environmental assessment would show Immigration and Customs Enforcement officials that the site is not suitable for such a facility.
“Since we filed litigation, we’ve been demanding the federal government back off its rushed construction and operation of an immigration detention center in Roxbury,” the statement read. “We’ve been clear from the beginning that DHS’s proposed ICE detention facility in Roxbury will harm the community and won’t do anything to make us safer.”
The parties had been scheduled to meet before federal Judge Jamel Semper on Tuesday morning to discuss New Jersey’s attempt to halt construction immediately, but the agreement made the meeting moot.
The agreement does not specify how long the environmental assessment could take.
“If DHS conducts a proper analysis, it will discover that this industrial warehouse is no place for a detention center,” Sherrill, Davenport, and Potillo said. “If DHS continues to plow ahead after conducting its further analysis, we will return to Court to seek relief immediately.”
After the conclusion of the environmental assessment, ICE will decide whether to proceed, and then will have seven days to inform Roxbury and state officials. The parties will meet to determine next steps, including whether further legal proceedings are needed.
Last month, a coalition of environmental groups filed a brief opposing the proposed detention center, arguing the facility could contaminate the vital water sources in New Jersey’s Highlands.
The agreement allows DHS to proceed with minimal construction, including standard maintenance and improvements to fencing and security.
The New Jersey Monitor first reported news of the agreement.
Last week, attorneys for New Jersey attempted to depose a pair of Homeland Security officials to learn more about ICE’s plans regarding the timing of construction; Semper rejected that request, and the parties reached an agreement to hold off construction days later.
The DHS confirmed in February that it would convert a warehouse into a detention center after months of speculation. The announcement angered local Republican officials, who say the site is unsuitable for a project of that size: The bathrooms in the building are built for just a handful of people, and that section of town would need major water and sewage infrastructure improvements to handle thousands more people.
Republican Roxbury leaders and Democratic New Jersey officials joined to sue the Trump administration, arguing they had failed to properly consult local officials and conduct environmental reviews.