California Sues ICE Facility for Illegal Development on Farmland

SAN JOSE, Calif. — California Attorney General Rob Bonta and Santa Clara County Counsel Tony LoPresti have filed a lawsuit seeking to block the construction of a proposed Immigration and Customs Enforcement facility near Gilroy, arguing the project violates multiple federal and state laws and threatens both immigrant rights and protected agricultural land.

According to a press release from the California Department of Justice, the lawsuit asks the U.S. District Court for the Northern District of California to permanently halt development of the facility, which was leased by the federal government in January 2025 and is expected to serve as an ICE Enforcement and Removal Operations (ERO) office.

The proposed facility has drawn scrutiny amid ongoing concerns about immigration detention conditions throughout California. The press release notes that ERO facilities are intended for administrative processing and short-term detention.

However, Bonta argues that “under this administration, we’ve seen ICE offices have become mini-detention centers, despite being unequipped for long-term holding.”

According to the California Department of Justice, investigative reports and lawsuits have documented allegations of overcrowding, prolonged confinement and “cruel, inhumane, and unacceptable conditions” at ICE detention facilities operating throughout California.

“President Trump’s mass detention and deportation campaign has led to cruel, inhumane, and unacceptable conditions at immigration holding and detention facilities across California,” Bonta said in the press release.

Bonta further criticized federal officials for attempting to move forward with the project despite local opposition, stating that “instead of working to improve conditions at these facilities … the Trump administration is trying to jam through a new facility in a community that doesn’t want it.”

According to the lawsuit, the federal government allegedly failed to conduct legally required environmental reviews before beginning development.

The California Department of Justice argues that construction threatens land that has been protected for agricultural use since the 1960s and could damage local ecosystems and wildlife habitats.

The press release states that the property is located in an area supporting several endangered and threatened species and is protected under the Williamson Act, which restricts land use to agricultural purposes in exchange for tax benefits.

LoPresti emphasized both environmental and humanitarian concerns in opposing the project.

“We won’t tolerate a federal government that abuses the law and jeopardizes the rights and well-being of our immigrant communities,” LoPresti said.

He described the project as a “reckless attempt to build an ICE facility on sensitive and protected land without regard to its impacts on the environment, the community, and, most critically, the humans who would be detained there.”

The lawsuit alleges violations of the National Environmental Policy Act, claiming the federal government failed to prepare either an environmental assessment or an environmental impact statement before entering the lease agreement and beginning construction.

According to the California Department of Justice, the complaint also alleges violations of the Immigration and Nationality Act because the property is allegedly unsuitable for detention purposes due to environmental protections and agricultural restrictions.

Additionally, state officials argue the federal government violated the Intergovernmental Cooperation Act by failing to properly consult with state and local governments before proceeding with the project.

The press release claims that federal officials “quickly and surreptitiously” moved forward with development plans while obscuring details about the project, preventing California and Santa Clara County from providing meaningful input.

The lawsuit further alleges violations of the Administrative Procedure Act and California’s Williamson Act, arguing that neither the property owner nor the federal government followed the required procedures before converting agricultural land to another use.

Beyond environmental concerns, the press release frames the dispute as part of a larger debate over immigration enforcement and detention practices under the Trump administration.

According to the California Department of Justice, federal immigration agencies have expanded detention operations in recent months while pursuing what officials described as a rapid enforcement strategy.

The press release references statements from federal officials comparing immigration processing operations to “Amazon Prime, but with human beings.”

Bonta’s office argues that the expansion of detention infrastructure has contributed to worsening conditions for detained immigrants.

The attorney general recently released the state’s fifth report examining conditions at immigration detention facilities and has filed multiple legal actions challenging ICE practices throughout California.

The press release notes that Bonta has supported lawsuits opposing immigration enforcement tactics in the Central Valley, Los Angeles and other regions of the state.

Santa Clara County officials similarly describe the lawsuit as part of a broader effort to protect immigrant communities.

According to the press release, the county has repeatedly challenged federal immigration policies during both Trump administrations and currently maintains multiple active lawsuits against the federal government.

Ultimately, Bonta argues that the proposed facility raises concerns not only about environmental compliance but also about accountability and human rights within the immigration detention system.

“One thing is clear,” Bonta stated in the press release. “ICE’s plans to construct a facility near Gilroy violates multiple federal laws. We’re suing to stop this project and protect the interests of California communities.”

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  • Matthew Miyaki Ponce

    Matthew is a third year undergraduate criminology major at the university of California, Irvine. He plans to pursue a career somewhere in the field of law enforcement and criminal justice. He hopes to use the knowledge and education obtained in school to not only apply it to his career and relevant aspects, but bring awareness to different social issues that plague many in the realm of law and justice and help those who cannot help themselves. In his free time he enjoys doing Archery, boxing, and drawing and creating art.

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