El Paso Council Move to Reject Building ICE Detention Facility and Stop Federal Government Plans

In a significant move that challenges federal authority, local government officials in El Paso are taking steps to prevent the United States federal government from establishing new immigration detention centres within the city limits. Amidst intensifying controversy over immigration enforcement tactics used by Immigration and Customs Enforcement (ICE), two city representatives have introduced a motion to develop policies explicitly designed to stop such facilities from being built.

The motion, listed as Item 34 on the city council agenda, directs the City Manager and City Attorney to create a robust plan of action. The proposal specifically seeks to block the installation of any ICE detention facilities in El Paso. Furthermore, the motion requests collaboration with the County of El Paso and El Paso Water to support this defensive measure. This legislative push comes as rumours swirl regarding federal plans to repurpose a warehouse in the region for detainment purposes.

Strategies to Bypass Federal Authority

The initiative was placed on the agenda by City Representative Lily Limón and co-signed by Chris Canales. The document supporting the agenda item cites 'constituent concerns' as the primary driver for the action. The proposed measure aims to explore the city's 'legal authority, policy options, and land use or regulatory mechanisms' that could serve as barriers to federal plans.

El Paso is not the only American city attempting to navigate the complex legal landscape to block ICE. Federal projects are generally protected by the Supremacy Clause of the US Constitution, which often prevents local governments from regulating federal activities. However, other municipalities have found creative workarounds.

For instance, officials in Orlando, Florida, recently investigated ways to stop a proposed facility, despite their city attorney warning that they could not directly regulate ICE due to federal supremacy. Meanwhile, Kansas City successfully passed a five-year moratorium banning the licensing or permitting of any detention facility not owned by the city. This strategy essentially uses local building and occupancy permits to bypass the Supremacy Clause, a tactic that El Paso officials are now studying closely. Similarly, Oklahoma City is exploring how to limit building permits to halt a planned facility in their jurisdiction.

Officials Voice Concern over Safety and Tactics

Representative Lily Limón stated she acted after learning of a potential ICE facility in the county. 'While I am a city representative and do not have authority over county land, I feel that the city and county can come together as a team to fight the placement of such a facility in our own backyard,' she said. She emphasized that, although no confirmed plan exists within city limits, passing this measure prepares the local government should one arise.

Representative Chris Canales voiced concern over recent enforcement escalations, citing deaths at Fort Bliss and raids in Horizon City. 'It is important for the City government to understand in advance what tools are available to us to push back against ICE and related entities should they seek to locate new facilities within the City of El Paso,' he said.

While he hasn't seen specific city plans, Canales noted coverage of a large warehouse project in El Paso County and described the situation as in a 'state of flux', arguing that if the federal government decides to relocate the project, the city must be clear that 'we don't want that in the City of El Paso.'

Collaboration with County Leaders

The push for a united front has extended beyond the city council. County Commissioner Iliana Holguin confirmed that she first heard rumours of a new facility on 20 January. In response, she reached out to community leaders, including the Mayor of Socorro and the County Attorney, to mobilise opposition.

'I am convinced that only by working together at all levels of government will we be able to hopefully prevent the construction of yet another massive immigration detention facility in our area,' Holguin stated. She noted that over 200 residents recently attended a Commissioners Court meeting to demand action against the facility.

Holguin admitted that the County lacks the permitting or zoning authority to prohibit federal construction directly. However, she affirmed the County's commitment to working with the City of Socorro and other areas to obstruct the plans. She argued that these facilities would strain the region's natural resources and that federal funds should instead be invested in local infrastructure.

Currently, El Paso already hosts an ICE detention centre at Fort Bliss. The American Civil Liberties Union (ACLU) has demanded the closure of this site, alleging systematic inhumane conditions and abuse. A second potential facility, rumoured to be a three-building warehouse in Socorro, remains unconfirmed by ICE, but local anxiety continues to grow.