DOJ says Leavenworth’s interference with proposed ICE facility is ‘unlawful and aggressive’

LEAVENWORTH, Kan. — The federal government is expressing support for a proposed ICE detention center in Leavenworth.

Late Tuesday, the U.S. Department of Justice filed a motion supporting CoreCivic, the Tennessee-based company that operates for-profit detention centers. The DOJ’s filing said Leavenworth’s city leaders have unduly interfered with this process.

CoreCivic’s detention center closed in 2021, but the corporation plans to reopen it – using it to detain undocumented immigrants awaiting deportation.

Scott Peterson, Leavenworth city manager, won’t comment directly on this case or the DOJ’s filing, but on Wednesday, he said this move won’t change the city’s approach to the legal process.

Court documents filed by the DOJ accuse Leavenworth’s city council of “unlawful and aggressive” interference with enforcement of immigration. 

The City of Leavenworth is suing CoreCivic for trying to reopen the facility without acquiring the necessary permit from the city.

CoreCivic’s facility in Leavenworth has space for more than 1,000 inmates. Supporters contend it would create 300 local jobs.

“This is a case about zoning laws,” said Rick Hammett, who serves with the Carceral Accountability Council.

Hammett and his agency support the city commission’s demand that CoreCivic file for a special use permit to reopen the detention center. The company began that process in February, but quickly ended it – claiming that its contract with ICE allows it to bypass Leavenworth law.

Hammett contends this has less to do with immigration enforcement and more to do with following local laws.

“I don’t think it’s going to work out to try to get involved at the federal level in this local thing,” Hammett said. “It’s also a massive waste of resources.”

In a recent court filing, CoreCivic said the proposed new facility would generate $4.2 million in monthly revenue. State Rep. Pat Proctor (R-Leavenworth) said he’s all for it.

“The Democrats on the city commission here are holding up progress,” state Rep. Pat Proctor said.

Proctor told FOX4 News on Wednesday that he believes the DOJ’s bold move shows how important this facility is to securing borders and deporting undocumented people. He also said he’s securing $4.1 million in raises for corrections officers at nearby Lansing Correctional Facility—amid community concerns that CoreCivic would try to lure them away.

“I think that it’s a matter of time before CoreCivic and now the DOJ finds a judge that’s going to follow the law. I think this whole thing was always spurious,” Rep. Proctor said.

Proctor also said he trusts CoreCivic’s attorneys, who say they’re exempt from the process of filing for a special use permit. CoreCivic spokeperson Brian Todd emailed FOX4 News on Wednesday, saying his company looks forward to the next steps in the legal process.

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