Private prison operator blocked from housing ICE detainees at shuttered facility
A judge in Kansas issued a Wednesday ruling determining that a private prison operator could not use its shuttered facility to house detainees from the U.S. Immigration and Customs Enforcement (ICE).
Leavenworth County Judge John Bryant granted a temporary restraining order blocking CoreCivic from housing individuals in the custody of ICE.
The order was issued after a March lawsuit was thrown out in May on technical grounds, according to the Associated Press.
CoreCivic did not immediately reply to The Hill's request for comment on the ruling.
Earlier this year, executives applied to use their 1,033-bed facility to help the Trump administration facilitate removals in its crackdown on illegal immigration. CoreCivic said it would lose $4.2 million each month it wasn't open, according to legal files reviewed by AP.
The company applied for a permit to use the grounds for ICE operations but withdrew its application in May alleging it didn't need permission from the city to determine which detainees to house.
'It became clear to CoreCivic that there was not a cooperative relationship,' said Taylor Concannon Hausmann, an attorney for the private prison operator, speaking in court, as reported by the AP.
However, city attorney Joe Hatley urged the company to 'follow the rules' and obtain the proper permit for operations.
The CoreCivic property is located 10 miles away from the Kansas City International Airport and has previously worked with federal officials to house pre-trial detainees, according to the AP.
In 2021, the Tennessee-based company stopped working for the U.S. Marshals Service after former President Biden urged the Justice Department to cease contracts with private prison operators. Multiple inmate violations were flagged in addition to reported suicides and killings.
The Trump administration has been working with the private sector to undertake deportation efforts, including the GEO Group, which is planning to reopen New Jersey's Delaney Hall to hold individuals awaiting removal.
Democrats have protested the use of the facility for federal purposes citing concerns about federal operations within Newark, a designated sanctuary city.
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It took the Trump administration weeks to concede that it mistakenly deported the Maryland father to El Salvador 'because of an administrative error.' But while doing acknowledging the mistake, the administration said in court filings on March 31 that it could not return him because he was in Salvadoran custody. Later that week, Judge Paula Xinis of the US District Court in Maryland ordered the Trump administration to return Abrego Garcia to the US, kicking off a monthslong legal battle in which the Trump administration has argued that courts cannot intervene in the foreign policy decision-making of the United States. In her April 4 order, Xinis gave a deadline of April 7 to bring back Abrego Garcia but the Supreme Court paused the deadline. Days later, the Supreme Court ruled that the Trump administration must 'facilitate' Abrego Garcia's return but stopped short of requiring the government to return him. In recent weeks, Xinis has accused the Trump administration of repeated stonewalling and intentional noncompliance with its obligation to produce information related to how it has been facilitating Abrego Garcia's return. President Donald Trump, in an interview with ABC News in April, acknowledged that he could secure Abrego Garcia's return, contradicting previous remarks made by him and his his top aides who said the US did not have the ability to return Abrego Garcia because he was in the custody of a foreign government. When asked by ABC's Terry Moran why he can't just pick up the phone and secure Abrego Garcia's return, Trump said: 'And if he were the gentleman that you say he is, I would do that. But he is not.' The president went on to accuse Abrego Garcia of being a MS-13 member, pointing to his tattoos, which experts say are not by themselves proof he's a gang member. And just days later, the White House and El Salvador's President Nayib Bukele made clear during an Oval Office meeting that Abrego Garcia would not be returned to the US. Democratic lawmakers have been critical of how the Trump administration handled the Abrego Garcia case and continued to call for him to be brought back. One Democratic senator, Chris Van Hollen of Maryland, flew down to El Salvador to meet with his constituent. After initially not being allowed to meet him, Van Hollen had a sit down with Abrego Garcia on April 17 and in a press conference a day later, the senator said Abrego Garcia told him he was traumatized. 'He said he was not afraid of the other prisoners in his immediate cell but that he was traumatized by being at CECOT and fearful of many of the prisoners in other cell blocks who called out to him and taunted him in various ways,' Van Hollen said. Van Hollen added that Abrego Garcia was moved a week earlier from the maximum-security prison to another detention center where 'conditions are better.' The Trump administration slammed the senator's visit, claiming Democrats and the media painted an overly rosy picture of Abrego Garcia. Meanwhile, the administration continued to portray him as a violent and dangerous criminal, releasing previously unshared documents stemming from two interactions Abrego Garcia had with law enforcement and the courts system: a 2019 arrest that didn't lead to charges or a conviction, but did result in his detention by immigration officials, and a 2021 protective order his wife filed against him alleging domestic violence, which she later decided against pursuing further after she said the couple had resolved their issues. Sources told CNN in late April that Secretary of State Marco Rubio had been in touch with Bukele about the detention of Abrego Garcia. A US official told CNN the Trump administration was working closely with El Salvador and asked for Abrego Garcia's return but insisted that Bukele had made clear that he was not returning him to the US. In early May, Tennessee state law enforcement released a video of a November 2022 traffic stop involving Abrego Garcia – an incident that US officials argue supports their claims that Abrego Garcia was a member of MS-13 and involved in human trafficking. The video showed Abrego Garcia being stopped for speeding. When asked about other passengers in the car, Abrego Garcia tells the trooper he and the others are workers returning from a construction project in St. Louis, Missouri. When the trooper asked for his documents, Abrego Garcia explains in the video that his driver's license was expired and that he is waiting for immigration documents to renew it. He tells the officer the vehicle, which had a Texas license plate, belonged to his boss. The trooper then searches the car with a police canine. They do not appear to find anything suspicious, according to the video. Abrego Garcia was not detained during the stop and no charges were filed. Nearly three months after he was deported, Abrego Garcia on Friday returned to the US to face federal criminal charges. Abrego Garcia has been indicted on two criminal counts in the Middle District of Tennessee: conspiracy to unlawfully transport illegal aliens for financial gain and unlawful transportation of illegal aliens for financial gain. Trump administration officials pointed to the charges as justifying their effort to remove Abrego Garcia from the United States. Meanwhile, Simon Sandoval-Moshenberg, an attorney for Abrego Garcia, accused the Trump administration of 'playing games' with the legal system and said his client should appear in immigration court, not criminal court. 'The government disappeared Kilmar to a foreign prison in violation of a court order. Now, after months of delay and secrecy, they're bringing him back, not to correct their error but to prosecute him. This shows that they were playing games with the court all along,' Sandoval-Moshenberg said in a statement to CNN. 'Due process means the chance to defend yourself before you're punished, not after. This is an abuse of power, not justice.' Abrego Garcia will be in custody for at least a week, followed by an arraignment and detention hearing, the Associated Press reported.
