ELKRIDGE, Md. — Howard County has appealed a federal judge's order that allowed construction to resume on an ICE detention facility in Elkridge, and is asking the court to pause that order while the appeal moves forward.
The county revoked construction permits for the facility in February, saying the developer failed to follow a state law requiring public notice before a permit can be issued for an immigration detention facility. The project has been on hold for six months.
Judge Adam Abelson issued a preliminary injunction on Aug. 10 that vacated the permit revocations, reinstated the construction permits, and barred the county from enforcing the state law against the developer, Genesis GSA Strategic One LLC. Genesis is building the facility at 6522 Meadowridge Road under a contract with the Department of Homeland Security.
Genesis argues the county's application of the state law unfairly targets the federal government and violates the Supremacy Clause of the U.S. Constitution. The company said the six-month delay has cost nearly $1 million in accruing interest.
The county filed its notice of appeal and a motion to stay the preliminary injunction on Aug. 24, asking the court to pause the judge's order pending the outcome of the appeal before the 4th U.S. Circuit Court of Appeals. In its motion, the county argues the injunction rests on a legally flawed conclusion and that allowing construction to continue during the appeal could render the case moot before the 4th Circuit can weigh in.
Genesis opposes any stay of the injunction and has said it will file a formal opposition to the county's motion.
