Judge lets proposed immigration facility in Howard County move forward, for now

Howard County residents vowed to fight a federal immigration facility planned for an Elkridge office building, one day after a federal judge ordered the county could no longer block work on the project.

“The residents of Howard County have made it clear that we do not want this facility in our community,” Liz Kato with IndivisibleHoCoMD said in a written statement Tuesday. “We will continue to work with our elected officials and other local community organizations to make sure that the Elkridge detention center does not become another base for lawlessness and violence.”

Monday’s order by U.S. District Judge Adam Abelson ruled that the project developer, Genesis Strategic One LLC, faced irreparable harm if the county was allowed to continue blocking the project, which has pushed the company toward bankruptcy. He ordered the county to let work continue on the project while the case proceeds.

The ruling comes months after county officials revoked permits that had been granted to Genesis to convert an office building in Elkridge into a facility for federal immigration enforcement. The county approved the project in 2025, but reversed that decision in February.

At the time, County Executive Calvin Ball and others said the permit was approved in error and did not give adequate time for public comment. County officials said the project — to convert the building into offices for Department of Homeland Security employees that would include temporary holding cells and a shower for detainees — failed to give notice and was impermissibly close to schools, parks and shopping centers.

The Howard County Council rushed through emergency legislation in less than a week in February that specified that only “a government agency is eligible to make application, obtain, or hold a permit” to build a facility with holding cells, not a private contractor.

Genesis sued in March, arguing that the county had interfered with federal authority and that the county law banning privately-owned detention facilities was unconstitutional.

Abelson on Monday enjoined the county’s revocation of the permit for the property, ruling that Genesis’s argument had a likelihood of success and that the company would face irreparable harm without an injunction.

“Genesis alleges that the construction on the Elkridge Property required a significant upfront investment, with over $21 million spent to date,” Abelson wrote. “With construction suspended following the County’s revocation of the permits, Genesis is currently accruing interest of approximately $5,000 each day … and is unable to collect the monthly rent of approximately $132,000 it would be receiving from the federal government had it been able to turn over the building in March as planned.

“These damages are linked to the need for a preliminary injunction as the lack of a permit is the only impediment to Genesis finishing construction and turning the property over to the federal government, which would then start paying rent for its use,” he continues. “Genesis also contends that its bankers have refused to lend funds to Genesis for any other properties until the Elkridge Property is turned over to the federal government and that bankruptcy is now a possibility for them.”

County officials said the reaction from constituents was immediate.

“We’ve heard from residents over the last 24 hours about this,” Sen. Clarence Lam (D-Anne Arundel and Howard) said Tuesday. “Lots of residents in Howard County are angry at this development and wondering what can be done with this.”

Lam said called the ruling a disappointing development that “runs counter to what the community wants.” He expects that county officials are looking at any available legal option to continue to push back against the construction of the immigration facility.

A county spokesperson said in an email Tuesday that the county “does not comment on pending litigation.”

Federal officials did not comment on Abelson’s ruling in their response.

“Is it really news that when a federal agency hires more personnel that they need more space?” a DHS spokesperson said in an email Tuesday. “Thanks to the Big Beautiful Bill, we have an additional 12,000 ICE [Immigration and Customs Enforcement] officers and agents on the ground across the country. That’s a 120% increase in our workforce.”

Lam argues that community input should matter to federal officials and that the proposed facility “makes it more difficult for residents to feel more comfortable in their communities.”

“Unfortunately, it’s kind of where we’re stuck at right now,” he said.

Danielle J. Brown is a new Maryland resident covering health care and equity for Maryland Matters.