Federal government needs to be clear on ICE warehouse plans

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The State of Maryland and the federal government are battling in federal court in Baltimore over ICE’s efforts to convert a warehouse in Washington County that it intends to use to house undocumented immigrants. ICE wants it and has spent over $100 million to buy this shell of a warehouse. Maryland and many of its citizens, particularly those in Washington County, do not want it.

Across the country, ICE plans to spend $38.3 billion on new and expanded detention centers for arrested undocumented immigrants.

The suit was filed by the Maryland Attorney General to stop the construction of this facility. The Attorney General asserts that this was a secret government project without the necessary environmental review, public participation or state consultation. It is an example of the federal government attempting to ram a project down the state’s throat. On April 15, the court extended the preliminary injunction it had earlier issued, finding that the state is likely to succeed on the merits. The court allowed DHS to perform work internally on the HVAC system and to construct a perimeter fence.

We agree with the Maryland governor when he said, “No administration is above the law. Our people,” he added, “must be heard when the federal government makes decisions that affect their health, their safety and their communities.”

The facility in question is an 825,620-square-foot warehouse that the federal government intends to convert to a detention center capable of housing 1500 people. Federal law requires federal agencies to conduct environmental studies before taking action that can significantly affect the environment, including an assessment of environmental impact. The town in which the warehouse is located has a population of only 2,000 people. In addition, the suit alleges that DHS violated the law by failing to consider alternatives.

The cost of converting or constructing these facilities is enormous, with the average ranging between $400,000-$500,000 per bed for new construction or rapid conversion. We also feel this enormous sum of money could be better spent to affect the lives of American citizens, for example, by providing health care and food. It needs to be noted that the administration‘s most recent tax bill struck $900 billion of Medicaid funding over the next 10 years.

Nevertheless, until the federal government complies with its own rules and federal law, we give this project a thumbs down.

But we have to ask. With an investment of over $38 billion in detention facilities around the country, how does the federal government intend to use these facilities after the last undocumented immigrant is arrested and shipped out of the country? It surely has not said.

Editorial Advisory Board Members Arthur F. Fergenson, Steven I. Platt and Debra G. Schubert did not participate in this opinion.

EDITORIAL ADVISORY BOARD MEMBERS

James B. Astrachan, Chair

Gary E. Bair

Jill P. Carter

Arthur F. Fergenson

Nancy Forster

Susan Francis

Julie C. Janofsky

Ericka N. King

George Liebmann

George Nilson

Steven I. Platt

Angela W. Russell

Debra G. Schubert

Jeff Sovern

H. Mark Stichel

The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. When their minds meet, unsigned opinions will result. When they differ, or if a conflict exists, majority views and the names of members who do not participate will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.