SURPRISE, AZ — Months after Arizona Attorney General Kris Mayes filed a lawsuit challenging a proposed immigration detention facility in Surprise, federal officials say a contractor has now been brought in to assist with an environmental review of the project.
The proposed U.S. Immigration and Customs Enforcement facility remains guarded but has not opened for its intended detention operations as the legal and environmental review process continues.
“I don’t think we should have it here because I don’t think it’s a good thing,” said Sun City resident Christina Ramirez.
Mayes filed the lawsuit in April, alleging the Department of Homeland Security and ICE failed to conduct or make public required environmental reviews before moving ahead with the facility.
The lawsuit also raises concerns about the site's proximity to a chemical and gas storage facility and alleges the detention center's location in what the lawsuit describes as a “potential chemical hazard zone” conflicts with requirements under the Immigration and Nationality Act.
“She said that that facility would never be suitable for mass detention,” said Brent Peak, co-chair of Northwest Valley Indivisible, a group opposing the facility.
According to a court document dated September 4, ICE has enlisted a contractor to assist with an environmental review, which remains underway. Under the court's order, federal officials are required to provide status reports every 60 days.
Troy Rule, an environmental law expert at Arizona State University, said such a review can examine a wide range of potential effects associated with a project.
“So they’re basically looking at all sorts of things: effects on the host community of that action wherever it is taking place, wildlife, water supplies, air quality, traffic, cultural resources, health/safety,” Rule said.
Rule said an environmental review could be completed in as little as 30 days in some circumstances, but the process typically takes between one and three years.
The findings could also lead to changes to a project depending on what issues are identified during the review.
Rule cautioned that attempting to move through the process too quickly could leave the federal government vulnerable to additional legal challenges.
“So to the extent they take shortcuts and cut corners, there’s a greater likelihood that challengers would be able to litigate against the project after that process is completed,” Rule said.
The environmental review adds another layer of uncertainty to a project that has drawn months of opposition from some residents and community organizations. Groups including Northwest Valley Indivisible have also raised concerns about water demand and the detention facility's proximity to hazardous materials stored nearby.
Some opponents now question whether the facility could remain tied up in environmental and legal proceedings for an extended period before it ever begins detention operations.
For now, the review remains ongoing. According to the Arizona Attorney General's Office, DHS is expected to submit another status report by mid-November.
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