HOWARD COUNTY, Md. — A federal judge heard more than two hours of arguments Thursday over whether or not Howard County illegally revoked building permits on a warehouse being retrofitted as an ICE detention facility.
Judge Adam Abelson did not issue a ruling from the bench, but promised to have a decision soon.
At the heart of the case is the Supremacy Clause, the constitutional question of whether federal government authority supersedes state law.
Judge weighs ICE detention facility fate in Elkridge
Genesis GSA Strategic One LLC, the company building the facility off Meadowridge Road for the Department of Homeland Security, is asking the judge to grant a preliminary injunction to resume construction immediately, claiming irreparable harm. A Department of Justice attorney joined the company's side in court Thursday. Howard County, backed by the Maryland Attorney General's Office, has moved to dismiss the case.
The county revoked the permits in February, citing the lack of a public comment period as required under Maryland's Dignity Not Detention Act. County Attorney David Moore did concede in a recent filing that an anti-detention center law passed immediately following the permit revocation did not apply to this case.
"It was necessary," Judge Abelson said.
Moore reiterated in court Thursday however that the county did nothing unlawful by abiding by state law.
Attorney Michael Edney, who represents the plaintiff, argues the county placed an unconstitutional burden on the project.
"The problem here is that they're trying to impose an extra penalty lap on us, an extra burden just because there's an aspect of the building, just 4% of it, that might be used for federal immigration detention," he said. "That's what our Constitution says Howard County can't do."
"It's been a process that's gone on for 60, 70 years and you know we just got caught in the middle of it," owner Greg Barton said.
$21 million sounds like a lot of money, but we had to borrow it, right? And that's part of the problem and personally guarantee it," Edney said. "So if this thing goes sideways, these people's families are ruined, right? And Howard County doesn't care."
Edney says as much as $5,000 in interest is added to the total cost every day the project sits stagnant.
Advocates rally to pack the courthouse
Just before the lengthy hearing, a crowd of community activists, advocacy groups like We Are CASA and the ACLU of Maryland as well as Howard County faith leaders gathered to protest the project, and the potential for it to resume.
The rally included a performance by multiple members from chapters of the Rapid Response Choir across Maryland.
Jossie Flor Sapunar, national communications director for We Are CASA, said many community members who wanted to attend were advised by their attorneys not to.
"Many of our immigrant neighbors from Elkridge, from Howard County wanted to be here today. They met with their attorneys and they decided they could not safely attend because of the climate of violence and of fear," Sapunar said.
Julia, who immigrated to the United States and settled in Elkridge who did not provide her last name due to safety concerns, expressed concern about what the facility would mean for her community.
"If ICE opens a detention center here they will never leave us alone, we won't have freedom left we won't be able to go out and play with our kids anymore," Julia said. "We probably have to move away from Howard County and we really don't want that. That's why we're fighting to preserve a beautiful community."
“This is not just a technical dispute or a paperwork fight. This is about transparency, accountability, and human dignity," District 13 Delegate Gabriel Moreno said.
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