Judge extends pause on work to turn Maryland warehouse into immigrant detention

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A federal judge extended a pause Wednesday on transforming a massive Maryland warehouse into a processing facility for immigrants in a development that comes as federal immigration officials review a plan to house tens of thousands in converted industrial buildings.

The Department of Homeland Security purchased the 825,000-square-foot (76,645-square-meter) building near the Washington County town of Hagerstown in January for $102.4 million. Among the 11 warehouses purchased nationwide, the Maryland facility was supposed to be one of the first to open, capable of housing 500 to 1,500 detainees.

But the federal government has faced such fierce opposition nationwide that Homeland Security Secretary Markwayne Mullin is reviewing the warehouse plan. And while officials in Washington County approved a proclamation declaring their “unwavering support” for DHS and Immigration and Customs Enforcement, the state sued.

The Maryland lawsuit alleged that the federal government didn't conduct the required environmental reviews. It said the building is in a flood plain and the federal government didn't seek public comment on its plans until more than a month after the building was purchased.

Several groups raised concerns before the public comment period closed on March 5. But the suit said Immigration and Customs Enforcement, flush with cash from a massive congressional appropriation, issued a contract the very next day worth $113 million to renovate the building, with that work expected to wrap up by May 4.

Ultimately, a federal judge issued a short-term temporary restraining order soon afterward that halted work to retrofit the building. After a hearing Wednesday, the judge agreed to a longer-term preliminary injunction that will allow only limited work, like the installation of a fence and heating and cooling work, until the case is decided.

DHS said in a statement that it strongly disagrees with the ruling.

“Let’s be honest about what is happening,” the statement said. “This isn’t about the environment. It’s about trying to stop President Trump from making America safe.”

In an earlier court filing, the federal government had said “ICE is reconsidering the plans and scope of the warehouse.”

Maryland Gov. Wes Moore called the preliminary injunction a “major and welcome step forward.” And Maryland Attorney General Anthony Brown said it proves that "no one, not even the federal government, is above the law."

Matthew Schindler, a Maryland state delegate who also has opposed the warehouse, said in an interview with The Associated Press that the plan immigration officials were pursuing was "outpacing accountability.”

He added: “We don’t want to see our community compromised because corners were cut."

The Maryland lawsuit is one of three pending in federal court, and officials elsewhere have tried to block warehouse conversions by arguing that water and sewage infrastructure is inadequate.

“Washington County has become basically ground zero for all these warehouse fights,” said Kyle McCarthy, of Hagerstown Rapid Response, which is fighting the project. “We’ve helped show a blueprint for how other communities can fight and stop these from happening. We’ve been throwing sand in the gears at every possible moment.”

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AP reporter Brian Witte in Annapolis, Maryland, contributed to this report.