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Justice Department Backs CoreCivic in Leavenworth ICE Facility Dispute Citing Supremacy Clause

A federal judge set October briefing deadlines with a hearing on Nov. 25 in the case.

Overview

  • The Justice Department filed a Statement of Interest describing Leavenworth’s permit requirement as an aggressive and unlawful interference with federal immigration enforcement.
  • Federal attorneys argue the special use permit violates the Constitution’s Supremacy Clause and ask the court to side with CoreCivic and the government.
  • The lawsuit centers on CoreCivic’s plan to reopen the closed facility at 100 Highway Terrace to house ICE detainees after the city said a special use permit was required.
  • U.S. District Judge Toby Crouse held a scheduling conference and set new briefing deadlines for October with a hearing scheduled for Nov. 25.
  • City officials contend local zoning rules apply, while CoreCivic halted the permit process after asserting its ICE contract preempts city oversight.