A group of New Jersey environmental groups asked a federal judge Tuesday evening to halt development of a potential immigration center in Roxbury, a proposal that has drawn ire from local Democrats and Republicans alike.
After months of speculation, federal officials confirmed in February that they planned to convert a Roxbury warehouse into an Immigration and Customs Enforcement detention center that could hold more than 1,000 detainees. Locals say the nearby infrastructure, like sewage and water, would not handle the sudden influx from a massive detention center, and now environmental groups are going on the record to argue that the proposal could put a key water source for the state at risk.
The state of New Jersey and the GOP-led Roxbury Council joined to sue the Department of Homeland Security, and the coalition of environmental groups, including the New Jersey League of Conservation Voters, asked a federal judge to rule against the DHS. The Highlands Region, home to Roxbury, is the source of much of New Jersey’s drinking water. The environmental groups argue that the region is particularly vulnerable to damage and claim the DHS has failed to follow state and federal law in developing its plan for the detention center.
The filing asks a federal judge to institute a preliminary injunction barring DHS from beginning construction at the site until New Jersey and Roxbury’s lawsuit makes its way through the courts.
“Without proper mitigation, introducing a mass detention facility into this community threatens to significantly exacerbate its existing environmental burdens,” the brief states. “In fact, as the evidence presented by the plaintiffs demonstrates, converting a warehouse used by a limited number of workers to a detention facility occupied round-the-clock by 1,000 people or more will generate an enormous amount of additional pollution, sewage, and water consumption.”
The amici curiae — “friends of the court” — brief was signed by the New Jersey Highlands Coalition, Skylands Preservation Alliance, New Jersey Environmental Justice Alliance, Hackensack Riverkeeper, Climate Revolution Action Network, New Jersey Environmental Lobby, Action Together New Jersey, New Jersey Conservation Foundation, and the New Jersey LCV. Also signing on are the Concerned Residents of the Roxbury Community — a filing describes them as an unincorporated group that formed in response to the ICE detention center proposal.
Like New Jersey and Roxbury, the environmental groups argue that DHS has violated the National Environmental Policy Act by failing to assess the environmental impact of the proposal, and violated the Intergovernmental Cooperation Act by failing to consult with state and local officials.
“As these examples and many others illustrate, NEPA and the ICA are not merely empty procedures or administrative red tape—they affirmatively produce better outcomes. By contrast, DHS’s comprehensive failure to abide by NEPA and the ICA threatens significant and irreversible environmental damage and deprives the affected public, state and local authorities, and even DHS itself of vital information that can improve the agency’s decisionmaking.”
A state filing said ICE could begin construction on the warehouse as soon as late May.
The amicus brief does not make the environmental coalition a party to the lawsuit — rather, a court can take its expertise and legal arguments into account when making a ruling.
New Jersey and Roxbury moved for a preliminary injunction against the detention center last week. The motion will be heard before District Judge Jamel Semper in Newark on May 12.
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