Several state attorneys general and environmental groups are suing the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE).
While numerous lawsuits have been filed against the Trump administration for the treatment of detainees and conditions of detention centers, these lawsuits are different; plaintiffs allege DHS and ICE violated federal law by not following a specific process to create or renovate new immigration facilities.
Earlier this week, the case involving Alligator Alcatraz was argued before appellate court judges, the outcome of which is highly anticipated. The Alligator Alcatraz lawsuit could shape how far federal agencies can go in fast-tracking detention center infrastructure without environmental review mandated by federal law.
What’s the Legal Basis for ICE Detention Center Lawsuits?
At the heart of these lawsuits is the allegation that ICE and DHS violated the National Environmental Policy Act (NEPA). Under NEPA, federal agencies must evaluate the environmental impact of proposed actions before making decisions. Part of the process requires consultation with the public.
In the immigration detention center lawsuits, state attorneys general and environmental groups allege ICE and DHS failed to follow the law when they decided to buy warehouses, begin construction of new sites, and renovate existing buildings.
Plaintiffs argue that largescale facilities like immigration detention centers strain water systems, increase pollution, and disrupt surrounding ecosystems. They also impact public resources.
In addition, some of the lawsuits claim DHS and ICE violated up to three other environmental laws, including the Administrative Procedure Act (APA). The legal basis of their argument is that the APA requires agencies to consider alternatives and provide reasoning behind their actions.
On the flip side, the defendants have several arguments. First, they claim there’s minimal environmental impact from ICE facilities, and therefore they don’t meet NEPA’s threshold of what’s considered a ‘significant’ project.
Another argument ICE and DHS have relied on is that the purchase, construction, and renovation of immigration detention facilities qualify for an exclusion under the law. They’ve also tried to shirk responsibility of environmental compliance onto the contractors they hire.
What is NEPA?
The National Environmental Policy Act was enacted in 1970 to protect the environment by requiring federal agencies to consider the environmental impacts of their decision-making. In part, it was created in response to public demand that certain ecological considerations were factored into federal projects before they moved forward.
NEPA exists to ensure a level of government oversight and accountability for projects that could affect the environment.
What States are Suing DHS and ICE for NEPA Violations?
Three states have filed lawsuits over alleged NEPA violations related to the Trump administration’s rapid expansion of detention centers across the U.S.
Michigan is the latest to act. On March 24, 2026, Attorney General Dana Nessel and the City of Romulus sued DHS and ICE over a warehouse purchased with the intent of creating an immigration facility. They claim the agencies failed to properly assess environmental impacts and didn’t give notice to or seek input from the public or local or state representatives.
New Jersey and Roxbury Township filed a similar lawsuit on March 20. Since then, New Jersey Governor and Attorney General sought a preliminary injunction to block plans to convert a warehouse to a 1,500-bed detention center. They argued the site isn’t zoned for “large-scale human occupancy” and that the project would strain local resources. They also allege that ICE and DHS failed to consult with state and local authorities or conduct environmental reviews, breaking federal law.
Maryland was the first state to sue ICE and DHS related to the purchase and renovation of a building that would become an immigration detention center. Attorney General Anthony Brown alleges ICE and DHS violated both NEPA and APA, and secured a Temporary Restraining Order (TRO) on March 11, halting construction.
The TRO was later extended to April 16 after the AG filed a motion for preliminary injunction. He aims to stop the project entirely, stating that housing so many detainees at the warehouse’s location was a danger to public health and would harm a waterway home to a protected species.
About the Alligator Alcatraz Lawsuit
Unlike the three state lawsuits, the Alligator Alcatraz lawsuit wasn’t filed by the state attorney general. Instead, the Friends of the Everglades, Center for Biological Diversity and Miccosukee Tribe filed a lawsuit against the Florida Division of Emergency Management and federal agencies to try to permanently stop operations at Alligator Alcatraz.
While the plaintiffs had some initial success based on the lack of environmental review required by NEPA, state and federal appeals have kept the facility operating.
The case may be nearing its end, though. Appellate judges heard arguments this week surrounding the status of Alligator Alcatraz.
The plaintiffs had similar arguments to the New Jersey, Maryland and Michigan lawsuits: An environmental assessment is required under NEPA, but it wasn’t performed.
The state has openly dismissed such requirements, concluding they don’t need to comply because they haven’t received federal funding and the facility is entirely state-run. But that argument is in question after the release of documents in January that showed federal funding was promised back in July 2025. And yet, the $608 million in FEMA funding wasn’t announced until September.
Federal control and federal funding are two sticking points in this case. We’ll soon find out which side prevails.
What’s Next for ICE Detention Center Expansion?
According to the American Immigration Council, the number of ICE detainees in January reached a record 73,000. That’s a 75% increase over the course of just one year, but expansion isn’t over yet.
Trump’s goal is to have at least 92,000 beds in detention centers by the end of November 2026, and at this rate, he’ll do it. Congress authorized $85 billion in new funding, with more than half of it dedicated to increasing immigration detention capabilities.
Entire communities have been devastated by the immigration crackdown. But as lawsuits continue to be filed against DHS and ICE for a range of allegations, like NEPA violations, something else is happening.
Communities are fighting back, making it clear they’re against what’s happening. State officials have already responded in support of their constituents, with several filing lawsuits, and others considering doing the same.
Even if ICE and DHS prevail in the Alligator Alcatraz case, it’s unlikely to quash a movement that’s gaining more and more momentum.
