BALTIMORE— The Center for Biological Diversity took legal action today to support Maryland’s lawsuit to stop the Trump administration’s unlawful construction of a massive federal immigration detention center near Williamsport.
The state of Maryland’s lawsuit, filed March 19, challenges the purchase of a warehouse by the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement to convert it into an immigration detention facility. The agencies are violating federal law by failing to conduct the required environmental review, involve the public or consult with the state.
“We’re standing with the state of Maryland because this proposed detention center breaks the law and the hearts of all Americans who care about their communities,” said Laurel Jobe, an attorney at the Center for Biological Diversity. “The lack of transparency or environmental review surrounding this cruel facility could have severe consequences for wildlife, water quality and people’s health.”
The federal government intends to house up to 1,500 people at the warehouse, which would double the population of the area. Its sewage overflows alone would degrade water quality across the Potomac watershed. Increased levels of fecal matter, E.coli and other harmful pathogens would threaten drinking water and public health for communities downstream.
“Immigration and Customs Enforcement is not above the law,” said Deena Tumeh, a senior attorney at Earthjustice. “In violation of federal law, I.C.E. failed to consider the environmental — to say nothing of the human — impacts of its plan. If I.C.E. is allowed to move forward, the local environment and community, potential detainees and the state of Maryland will suffer irreparable harm.”
The facility’s wastewater would also threaten imperiled species in waterways adjacent to the facility, including the state-protected green floater and brook floater mussels. Both are awaiting listing decisions under the federal Endangered Species Act, and the green floater has critical habitat proposed just downstream from the facility.
Mussels play a vital role in public health by filtering pollutants and making water cleaner. However, they are especially sensitive to sedimentation and sewage. The eastern United States has more species of freshwater mussels than anywhere in the world, but 70% of them are at risk of extinction.
The National Environmental Policy Act requires agencies to conduct comprehensive environmental reviews and provide public comment opportunities before taking major federal actions that significantly affect the environment. The Department of Homeland Security and I.C.E. have failed to engage in this review and would have already begun construction at the warehouse site if not for the state of Maryland’s lawsuit temporarily halting their activities.
Nationwide, I.C.E. detention facilities have faced documented concerns about inhumane conditions, lack of access to medical care and denial of basic dignity. Converting a commercial warehouse into a detention center raises grave concerns that people detained at this new facility would face similar or worse conditions.
The Center and Earthjustice are also representing Potomac Riverkeeper Network and Washington County Indivisible in submitting the amicus brief, which focuses on endangered species, water quality, air pollution, traffic and public health and safety. Hagerstown Area Religious Council, the American Civil Liberties Union of Maryland and Amica are submitting an additional amicus brief.
The Trump administration has demonstrated a pattern of violating environmental laws and disregarding threats and harms to endangered species and their habitat when opening new immigration detention facilities. The Center is also leading a legal challenge to the “Alligator Alcatraz” detention center in the Florida Everglades that threatens sensitive wetlands and more than a dozen endangered animals and plants.
