California Attorney General Rob Bonta and Santa Clara County officials have filed a new lawsuit against the Trump administration, seeking to obstruct plans for an immigration facility near Gilroy.
The lawsuit, submitted on Wednesday to the U.S. District Court in San José, claims that the leased land is designated solely for agricultural use and argues that the federal government breached laws related to state and county notifications and necessary procedural actions prior to construction.
The agency informed the San José Spotlight that the project is an ICE office and rejected claims that it would serve as a detention center. Nevertheless, state and local officials contend that the facility will facilitate short-term detention for up to 150 individuals at a time.
“The administration is attempting to expedite a new facility in a community that opposes it, disregarding laws, keeping their plans hidden, and ignoring community demands to halt,” Bonta stated during a press event in San José, noting that this marks the 71st lawsuit his office has filed against the Trump administration.
The Department of Homeland Security did not immediately provide a response to the inquiry.
The lawsuit also states that the land is located in an area that supports various endangered and threatened species, and that a facility there would put stress on the already limited waste disposal and drinking water resources.
Officials from Santa Clara County reported that they were not informed last year when the federal government, intending to construct an immigration facility, leased nearly 25 acres of unincorporated land just outside Gilroy. This land includes three buildings, greenhouses, and a large agricultural field, according to the lawsuit.
Community members notified the county about the new facility earlier this year and have expressed their opposition to the plans. Construction reportedly began early last month, as stated in the lawsuit.
The lot is located three miles southeast of the Gilroy Premium Outlets at 7240 Holsclaw Road, federal procurement records indicate. The Department of Homeland Security secured a 20-year lease for $26.5 million from a subsidiary of the Beverly Hills-based Elmwood Capital Group, a real estate investment firm.
ICE also operates a processing facility in nearby Morgan Hill.
According to the lawsuit, agriculture research firms that previously occupied the site produced hazardous waste that was not disposed of properly.
“The federal government’s clear failure to address — let alone mitigate — these risks endangers the construction workers, detainees, and employees who will be at the site, as well as the surrounding environment,” the lawsuit claims.
The lawsuit mentions that the federal government’s only official communication with the county regarding the project was a one-paragraph letter dated June 21, 2023, which was forwarded by a representative of Elmwood Capital. The letter stated that the federal government planned “office and operations space” there and asserted that it should be exempt from local zoning and planning review.
“One of the issues here is that they are attempting to advance this project with minimal transparency, hoping that no one notices or realizes the details,” explained Santa Clara County Counsel Tony LoPresti. “Thus, part of our lawsuit will ensure that transparency is mandated.”
ICE holding facilities have faced numerous lawsuits since the beginning of the Trump administration over allegations of overcrowding, poor conditions, and prolonged confinement.
Bonta and LoPresti suggested that establishing an ICE facility in Gilroy indicates the federal government’s intent to amplify enforcement in the region.
Local leaders and advocates have voiced similar worries in Dublin, another Bay Area city where federal officials are attempting to transfer ownership of a former prison. Congressional Democrats sent a letter earlier this month opposing the potential reopening of the site as an immigrant detention facility.
