ELKRIDGE, Md. — Fences remain up surrounding an Immigration and Customs Enforcement facility that was nearly complete at the state of the year. But one barrier keeping it from becoming reality doesn't apply, a county attorney admitted in a new court filing.
The project has drawn controversy since earlier this year when county leaders moved to revoke the building permits, citing a violation of state law, and followed by permanently banning any privately-owned detention centers with emergency legislation.
“The retrofitting of office buildings for detention use without transparency, without public input, without clear oversight is deeply troubling,” County Executive Calvin Ball said at the time.
Law that bans detention centers doesn't apply to ICE facility under construction, attorney reports
The case has since gone to federal court. The building's owner, which is under contract to retrofit the space for the Department of Homeland Security, alleges the county overstepped.
In a letter to the judge, assistant solicitor David Moore states that the ban would not apply to the facility located at 6522 Meadowridge Road “because a government entity is and will be responsible for this detention facility.”
“That's the point that we've been making throughout this whole lawsuit,” said attorney Michael Edney, who represents Genesis GSA Strategic One LLC.
This does not mean that the facility will move forward at this time; its fate still rests in the hands of a federal judge who is still weighing whether or not the revocation of permits was lawful. But, if he does reinstate them, this revelation indicates construction can immediately continue.
That’s cause for concern for nearby neighbors WMAR-2 News spoke with both off and on camera.
“I was really shocked because I thought this was a done deal,” Shelly McFarland said. “If I were looking for a home, I wouldn’t want to be anywhere near a detention center, concentration camp. Whatever you want to call it.”
McFarland lives in the Deep Run mobile home community, the closest neighborhood to the facility. A majority of neighbors are Spanish-speaking and McFarland says the current administration’s efforts have had a chilling effect.
“It’s so quiet. It used to be a much happier place,” she said. "By no uncertain circumstances should this ever be allowed to be put in Howard County.”
Another neighbor, who spoke anonymously with WMAR-2 News’ Blair Sabol, said neighbors have tried to move because of it, but have been unsuccessful.
Meanwhile, Edney claims the county has flip-flopped multiple times on its position about the ban's application, from public press releases to court filings and statements to the judge.
“I think this is another example of the county playing politics with this project, and I think it's unfortunate, and I think it's high time that the county's measures to interfere with this project be put to an end,” Edney said.
Edney would not say if the county's concession changes his confidence as to which way the judge will sway, but once again reiterated that he hopes that it will be in their favor.
The company’s costs related to the facility are upwards of $23 million and gaining in interest every day. Attorney fees, which the prosecution has requested by paid by the county if granted, are also in the six-figure range.
The county reports it cannot comment on pending litigation.
