BALTIMORE — A replacement for Baltimore’s Immigration Customs and Enforcement field office may have been open by now in Howard County had county leaders not stepped in to block its completion. A court battle is now underway as the business behind the project is trying to get back to work and recoup ballooning costs.
Representatives for Genesis GSA Strategic One LLC and Howard County made arguments during a 2 1/2 hour hearing on Thursday in front of U.S. District Court Judge Adam Abelson.
He did not issue a ruling from the bench, acknowledging the complicated legal issues at hand, but promised to have a decision soon for both the company’s preliminary injunction to reinstate its revoked building permits and Howard County’s subsequent motion to dismiss.
WATCH: Fight over blocked ICE facility in federal court
“We all know what was going on, they came up with this excuse in the middle of a project where the county executive woke up one day, saw the political winds shifting… and wanted any excuse to kill it,” said the company’s attorney Michael Edney.
“Tomorrow they’ll find another excuse. It’s time for this to stop for this unconstitutional action to end and for the project to move forward," he added.
The project, located in an office park in Elkridge, was nearing completion when the county revoked its permits on the basis of state law that requires six months' advance notice and two public hearings for an immigration detention center.
Edney claims that with the building sitting empty, his client is accumulating $5,000 in interest daily on its loan from the bank, causing what he calls “back-breaking financial harm” and an “existential economic threat.”
Edney argued that the county’s revocation of the permits, as well as its emergency legislation to ban privately-owned detention centers which happened shortly thereafter, both violate the Supremacy Clause. Judge Abelson, at one point, did acknowledge that it's a strong argument against the legislation by Genesis' legal team.
RELATED: 'Not one more dime': Maryland congressional leaders continue to hold out on DHS funding
An In Focus look at Washington County ICE facility court dispute
The total cost, Edney claims, is now $23 million which will not be reimbursed if the project cannot be finalized and leased to the federal government. Though an interested party in the case, no federal representative attended Thursday’s hearing.
“You can’t stop a project like this that has transcended two administrations, Republican and Democrat and just say we don’t like it anymore,” Edney said. “That’s not a right that is available to a locality like that.”
Howard County assistant solicitor David Moore argued in court that the county was acting under state law and had no choice in the matter. He also passionately argued that there is no basis for any damages, which the county could potentially be on the hook for, depending on how the judge rules.
Neither he nor fellow assistant solicitor Erin Purdy shared any additional comments while leaving the courthouse after the hearing.
Crowds of neighbors showed in support of the emergency legislation and spoke out against the project during the two day hearing earlier this year.
