DHS moves ahead on assessing planned ICE detention center in Arizona

In a new court filing, the Department of Homeland Security said it has retained a contractor to assist in the review, which the agency agreed to in a deal with the state Attorney General's Office to forestall a lawsuit.

That filing does not list who will be conducting the review.

But it is already known that DHS has signed a $313.4 million contract with GardaWorld to renovate the vacant warehouse that the agency has purchased and then to operate the facility. The agreement also provides for a possible extension through early 2029, making it worth more than $700 million.

GardaWorld, mostly known for work such as providing security guards and operating a fleet of armored cars, referred all questions to Homeland Security.

That agency provided only a written statement saying its focus is on removing "the worst of the worst criminal illegal aliens from the United States" and "always evaluating the best methods to do so.''

As to the status of the Surprise facility, the statement effectively acknowledges that a federal court agreement with Democratic Attorney General Kris Mayes prevents anyone from being housed there until the agreed-to assessment is complete.

"DHS is moving swiftly to utilize EXISTING detention space with our state and county partners,'' the statement reads. There was no answer to the question of GardaWorld's experience, or even confirmation that the company is doing the assessment.

But the city of Surprise, in a web post, said its staffers met with a GardaWorld representative who is seeking information for the assessment.

All of that is crucial because Homeland Security, in its agreement with Mayes, said it would conduct the assessment of the warehouse on West Sweetwater Avenue to determine whether it is suitable to house up to 1,500 people detained on immigration violations.

Mayes: Inappropriate as detention site 

Mayes filed suit in April after ICE purchased the facility. That federal ownership stripped city officials of any power to use their zoning and other laws to restrict its operation.

But the attorney general is instead using the National Environmental Policy Act, which requires, at the very least, an assessment — if not a full-blown environmental impact statement — of the effects the facility will have. And Mayes has made it clear she believes such an assessment will conclude the site is inappropriate for such a facility.

Environmental impact is not just about the operation of the facility itself and questions such as how it would affect the city's ability to handle sewage.

There's also the location: The warehouse sits across the street from a hazardous materials storage warehouse where chemical leaks or explosions are possible.

It is true, Mayes conceded in April, that there already are nearby homes where residents also would be affected by such an occurrence.

"But the major distinction is the sheer number of people who will be housed in this facility and can't get out,'' she said. "If this thing blows up, they will be locked in that facility with no way of getting out.''

That would create additional pressures on local fire departments and emergency responders, she said.

And Mayes said the warehouse, if allowed to be used to house ICE detainees, will use so much water that it could leave firefighters without what they need to battle an explosion or blaze at the chemical facility where there are tanks coming and going.

The lawsuit initially drew derision from an ICE representative.

"Let's be honest about what is happening,'' that earlier statement said. "This isn't about the environment. It's about trying to stop President Trump from making America safe.''

That representative dismissed the need for formal environmental studies.

"Prior to purchasing this site, ICE carefully evaluated the use of existing facilities to help minimize environmental impacts,'' the statement said.

But facing a possible federal court order delaying or even halting the project, Homeland Security said it would provide the assessment.

It also agreed not to open the facility until the assessment was completed, and promised to provide regular updates to the court.

The latest update, filed Friday, is where Homeland Security said it had retained a contractor and begun working with it. 

"The environmental review remains ongoing,'' Julian Kurtz, an attorney with the U.S. Department of Justice, told Judge Susan Brnovich.

Questions about qualifications 

The questions about GardaWorld extend beyond its ability to conduct an environmental assessment.

In March, three members of Arizona's congressional delegation, Democratic U.S. Reps. Adelita Grijalva, Greg Stanton and Yassamin Ansari, sent a letter to Pete Dordal Jr., the company president, asking for answers about its qualifications.

Among the questions was the company's prior experience "designing, constructing, renovating, or operating immigration or criminal detention facilities of comparable scope.'' They also wanted documentation of the company's capacity to manage the project, including the qualifications of those who will oversee both the renovation and its operation.

Grijalva, one of the signers, told Capitol Media Services the company never provided an answer.

The July agreement halted any construction, demolition or retrofitting work that would be necessary to convert the warehouse into a detention center. But the federal government remains free to do other work not specifically aimed at conversion, such as repair or replacement of fencing, lighting, building security alarm systems, and other "ordinary maintenance'' of the roof, windows, electrical system, plumbing and the like. 

The issues Mayes raised in objecting to the facility also go beyond what the environmental assessment is designed to examine.

The attorney general pointed out the warehouse that ICE wants to turn into a detention center is about a mile from both Dysart High School and Dysart Middle School.