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Judge Allows Nebraska to Open ICE Detention Center at McCook Work Camp

The ruling reflects the court's view that state law grants the governor and corrections director broad contracting authority.

Overview

  • Red Willow County District Judge Patrick Heng denied a temporary injunction, clearing the way for the facility to begin housing ICE detainees while the lawsuit proceeds.
  • The judge also rejected the state's motion to dismiss, ruling that the 13 McCook residents and former state senator have standing to challenge the conversion.
  • Heng found that Nebraska statutes delegate sufficient authority to the executive branch to contract with the federal government and repurpose the facility.
  • ICE certified the site last week, and officials have said detainees could arrive within days under a deal providing roughly 300 beds.
  • All 180 state inmates were moved out ahead of the change, and the ICE contract is expected to bring the state about $14 million annually through 2027.