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After lawsuit, ICE pauses construction of Bay Area detention facility

The seal of the California Department of Justice.
The seal of the California Department of Justice.
(Paul Kuroda/For The Times)
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  • Federal officials have agreed to temporarily halt construction of a controversial Immigration and Customs Enforcement facility near Gilroy.
  • California and Santa Clara County sued the Trump administration to halt the project.

The federal government agreed to temporarily hold off on construction of a planned Immigration and Customs Enforcement facility in Northern California.

The voluntary pause until Sept. 9 comes after the California Atty. Gen. Rob Bonta and Santa Clara County officials sued the Trump administration last month to block the facility from being developed near Gilroy. The lawsuit remains ongoing.

“This pause in the construction, demolition, and development at the site of the challenged ICE facility is a significant step towards protecting our people, our communities, and our environment while the case remains ongoing,” Bonta said in a statement Monday night.

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The lawsuit alleges that the leased land is zoned exclusively for agricultural use and that the federal government violated laws requiring state and county notification, as well as procedural steps required before beginning construction.

The Department of Homeland Security, which oversees ICE, didn’t immediately reply to a request for comment.

State and local officials believe the facility will be used for short-term detention of up to 150 people at a time, though ICE denied that it would be a detention center.

Community members and advocates for immigrants swiftly opposed the project. ICE has consistently looked to increase its detention capacity in California, where eight detention centers can now hold a combined 9,000 people, though the state has long been a thorn in the agency’s side.

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The halt is part of a compromise between both sides involved in the legal action. After the state and county submitted a request for the court to temporarily halt the project, a hearing was set for Oct. 7.

Now, state and federal officials jointly requested that the court move up the hearing by at least a month. The agreement also extends how much time the federal government has to respond.

A federal judge signed off on the agreement Monday night.

The lawsuit, filed in U.S. District Court in San José, alleges that the leased land is zoned exclusively for agricultural use and that the federal government violated laws requiring state and county notification, as well as procedural steps before beginning construction.

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