New Jersey, Roxbury sue to block ICE detention center

The basics:

• New Jersey, Roxbury Township file suit to halt ICE detention facility in vacant Roxbury warehouse
• Officials cite environmental, water, sewer, traffic, public safety concerns
• DHS purchased site for $129M, double its assessed value; plans renovations for 2,000 detainees
• Bipartisan state-local partnership emphasizes violation of federal laws, lack of community consultation

New Jersey and the Township of Roxbury filed a lawsuit against U.S. Immigration and Customs Enforcement and the U.S. Department of Homeland Security Friday.

The complaint seeks to block a controversial plan to convert a vacant warehouse in the municipality into a large-scale immigration detention facility. The parties argue the project is unlawful and poses serious risks to local infrastructure, the environment and public safety. The suit, filed March 20 in U.S. District Court, seeks declaratory and injunctive relief under the Administrative Procedure Act, National Environmental Policy Act, Intergovernmental Cooperation Act, and Immigration and Nationality Act.

It contends the federal government failed to consult state and local officials, did not evaluate environmental impacts, and selected a site that is fundamentally inappropriate for detention use.

“DHS did this with no planning, no consultation, and no response when town officials asked what was going on. No eye to even the most basic efforts needed to manage sewage, water, or public safety,” said Gov. Mikie Sherrill at a press conference in Newark. “This plan won’t make the community or our state safer. And as I’ve said before, we will never just stand by and let this administration violate the rights of New Jerseyans.

“So today, the State of New Jersey and the Township of Roxbury are coming together to sue ICE and the U.S. Department of Homeland Security to stop this illegal plan.”

Bipartisan battle

Sherrill, a Democrat, noted this effort is a bipartisan one.

“This isn’t a partisan issue. In fact, it’s an area of deep agreement between both Democrats and Republicans,” said Sherrill. “Roxbury – its mayor and its entire town council are Republicans. And they voted unanimously against this detention facility. They know their town better than anyone. We value their partnership and we’re working together to build a strong case.”

The governor also pointed out that DHS spent $129 million to acquire the property. She said the price is double the property’s assessed value.

Sherrill described it as “a massive, inexplicable waste of taxpayer money.”

“After confirming, then denying, then confirming again, DHS has disclosed it intends to convert the warehouse into the largest immigrant detention facility in New Jersey,” said Sherrill. “Neither DHS nor ICE ever contacted the township or collected any public input – a direct violation of multiple federal laws that require engagement on projects of this magnitude.

ICE is preparing a rushed renovation that would turn this empty, concrete warehouse with four toilets into a jail for over 2,000 detainees and staff.
— Gov. Mikie Sherrill 

“Instead, ICE is preparing a rushed renovation that would turn this empty, concrete warehouse with four toilets into a jail for over 2,000 detainees and staff.”

Environmental impacts

NJBIZ has previously reported on the plan. State and local officials argue it would overwhelm Roxbury’s infrastructure and strain critical resources.

The warehouse lacks sufficient water and sewer capacity. Additionally, converting it into a detention center could increase wastewater output more than 15 times the site’s approved limit. The surge would raise the risk of system failures and sewage overflows into nearby waterways, including Lake Hopatcong.

The site is also located in the Highlands region, which supplies drinking water to roughly 70% of New Jersey residents. That proximity heightens concerns about water depletion, reduced pressure and broader environmental impacts.

Officials further warn the project would create public safety and economic challenges, including increased traffic near the already dangerous Routes 46 and 80 interchange, added strain on emergency services, and the loss of potential economic activity tied to industrial use of the property.

Roxbury leaders estimate the township could lose about $1.8 million annually in tax revenue, while also facing new infrastructure and service burdens tied to the facility.

‘A secretive purchase and rushed renovation’

“Once again, New Jersey is heading to court to stop the unlawful, unconscionable actions of the Trump administration,” said Attorney General Jennifer Davenport.

“Federal laws require – and our state and towns deserve – that DHS and ICE consult with the state and the township on major projects in their backyard,” Davenport went on to say. “Instead, DHS and ICE are ramming through a secretive purchase and rushed renovation. We will not allow these ill-considered plans to happen.

“We have partnered with the Township of Roxbury, relying on the township’s crucial local knowledge and efficiently combining our resources for this important bipartisan fight.”

Roxbury Mayor Shawn Potillo commended state leadership “for their swift and decisive action to help prevent the placement of an ICE detention center within our suburban community.

“We remain confident that, through this process, it will be clearly demonstrated that this location is not appropriate for a facility of this nature, given the significant impacts it would have on our residents, local resources, and the surrounding environment.”

Potillo added, “This partnership is also important for Roxbury residents, as the Office of Attorney General can provide significant legal resources that protects Roxbury’s local property taxpayers from shouldering most of this cost alone.”

Not above the law

Laying out her concerns about the proposed facility, Sherrill continued her sharp criticism of the Trump administration.

“None of this is good for Roxbury. None of this is good for New Jersey,” Sherrill said. “The DHS plan will not make New Jersey safer. It would strain water, sewer and road infrastructure; it would divert emergency resources; it would displace potential housing and disrupt growth.

“It’s the kind of poorly thought out, chaotic idea that all too often comes from the Trump administration. But it doesn’t just violate common sense – it violates federal law. Not to mention zoning and building codes that any other property owner would have to abide by,” she continued.

“The administration may think it’s above the law, but it will soon find out that that is not the case. New Jersey still respects the Constitution. We’re still accountable to the people, and the people of Roxbury still have a say before these kinds of things can be done in their backyard.

“The law is a law, and we’re going to go to court to stop a bad plan.”

In a statement shared with NJBIZ, an ICE spokesperson said, “Let’s be honest about this. This case isn’t about the environment. It’s about trying to stop President [Donald] Trump from making America safe again. The left didn’t care about the mountains of litter that illegal aliens dropped on ranches and riverbeds during Biden’s border crisis. They’re feigning concern now because they want those same illegal aliens to stay forever and vote here.

“Prior to purchasing this site, ICE carefully evaluated the use of existing facilities to help minimize environmental impacts, including potential impacts to protected species, sensitive natural resources, and valued cultural resources.”