Kris Mayes Reaches Agreement That Could Delay Surprise ICE Facility by a Year

A warehouse in Surprise purchased by the federal government for $70 million was supposed to become one of the country's largest immigration detention centers. However, because of Attorney General Kris Mayes (D-AZ), it will stay empty for now.

Mayes reached an agreement with the Department of Homeland Security (DHS) this week that effectively puts the brakes on any move to open the facility, at least until a required environmental review is completed.

KTAR reported that the court documents filed Tuesday in federal court in Phoenix outline the arrangement, which pauses Mayes's lawsuit in exchange for DHS committing to halt all detention-related activity at the site until the review is finished.

That review could take the better part of a year. Mayes's spokesman, Richie Taylor, told 12News that environmental assessments of this kind typically take around 9 months to complete, a timeline that could push the facility's opening well into the future, if it happens at all.

"Ultimately, we want to stop the facility completely, and believe this isn't an appropriate place for it," Taylor said.

The Long Fight

Mayes filed suit against DHS and ICE in April, arguing that the agencies bypassed environmental requirements under the National Environmental Policy Act when they moved to convert the 418,000-square-foot industrial warehouse into a detention center. Under the agreement, DHS cannot detain anyone at the site or take any steps toward conversion until a full environmental assessment and, if necessary, a complete environmental impact statement have been completed and issued.

DHS will also file status reports with the court every 60 days throughout the process. Once the review concludes, Arizona has 10 days to decide whether to pursue a preliminary injunction. If it does, DHS must pause conversion activities for at least 21 days or until a judge allows otherwise.

The agreement still requires sign-off from Federal Judge Susan Brnovich before it carries legal weight.

Community opposition in Surprise has been intense since the facility was first disclosed in January. Residents have raised concerns about a nearby chemical storage facility, and community organizers recently filed a petition to disincorporate the city over its handling of the issue.

"This agreement is a significant win for the people of Surprise and for the rule of law," Mayes issued a statement. "Federal agencies must complete the environmental review process required by federal law before moving forward with these types of projects. My office will keep fighting to ensure the law is followed."