San Jose federal judge issues tentative ruling to pause ICE project near Gilroy

A San Jose federal court judge on Friday issued a tentative ruling to halt work on an ICE facility near Gilroy while a lawsuit against the project by state and county authorities proceeds. The matter is to be addressed in a hearing Tuesday, with the judge’s final decision to come afterward.

The State of California and Santa Clara County sued ICE in San Jose U.S. District Court on June 10, claiming federal officials skirted environmental laws, ignored local land-use restrictions and failed to consult with state or county leaders before moving ahead. The state and county asked for a court order shutting down the project permanently.

Two weeks later, the state and county asked the court for a temporary injunction halting work on the facility until the lawsuit is resolved.

On Friday, Judge Eumi Lee in San Jose U.S. District Court said she was inclined to grant the injunction because state and county officials were likely to succeed in the lawsuit on their claim that the facility violates the National Environmental Policy Act. Lee in her brief decision did not elaborate on how she came to her conclusion.

“This is a very positive signal,” Santa Clara County Counsel Tony LoPresti said Friday afternoon. “If it comes to fruition it is a huge win.”

ICE and its parent agency, the U.S. Department of Homeland Security, did not respond immediately to requests for comment Friday.

ICE said last month in a court filing that the facility just east of Highway 101 could hold about 10 detainees at a time, but acknowledged the number could be higher. The agency disputed claims by local officials that it could be used to detain up to 150 people.

An eventual finding by the court that the facility violates federal environmental law would not necessarily mean the court would order the project permanently shut down as the state and county have requested, LoPresti noted.

On Tuesday, representatives from the state and county are to square off against ICE in Lee’s courtroom, with each side getting 20 to 30 minutes to argue over the motion for a preliminary injunction. The judge advised them to assume “that a preliminary injunction will be entered.”

Lee did not indicate whether she would make a final decision on the injunction Tuesday, or later.

In July, the federal government said in a court filing that it had agreed with the state and county to pause work at the site on unincorporated county land just outside Gilroy city limits until Sept. 9.

ICE said in the court filing last month that it needs the facility because the lease for its nearby Morgan Hill field office would expire at the end of the month and the office would close.

LoPresti said if Lee is persuaded not to grant the preliminary injunction, ICE could “start charging ahead” on the project.

But he said he hoped that Lee would issue the injunction, and that ICE would “see the light and decide this isn’t such a good idea to pursue this project at all.”