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Federal judge orders halt to construction of ICE facility in Santa Clara County

A lawsuit filed this week alleges a Sunnyvale man experienced mistreatment and medical neglect during an ICE arrest and while in immigration detention.
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An ICE agent on duty.

Construction is paused for a planned facility near Gilroy that many local officials suspect may be used as a detention center by U.S. Immigration and Customs Enforcement.

A judge with the U.S. District Court for the Northern District of California ordered ICE to halt construction on the site on nearly 25 unincorporated acres of Santa Clara County.

The San Jose Mercury News reported Judge Eumi Lee granted a preliminary injunction late Friday as part of a lawsuit filed by the state and county challenging the legality of the construction.

In a statement, Santa Clara County Counsel Tony LoPresti said, "We're hopeful the court's ruling sends a clear message that this is the wrong process and the wrong place for this facility."

The suit was filed in June by state Attorney General Rob Bonta and the county. They argued that the federal government bypassed required environmental reviews before construction commenced and did not consult with the state or local governments on the project.

In her ruling, Judge Lee said the plaintiffs had shown “that irreparable environmental harms are likely to result if construction proceeds without considering the environmental risks.”

ICE originally agreed to pause construction until Sept. 9. But Friday's decision further pushed back construction until Sept. 30.

According to the state Department of Justice, the judge has asked the parties to meet and confer and submit a proposed order by that date,

Federal immigration officials have not confirmed what the facility will be used for. But last week, Mission Local and other news sites published blueprints of the proposed immigration holding center.

Sunni M. Khalid is a veteran of more than 40 years in journalism, having worked in print, radio, television, and web journalism.