Blog By: Kimberly Thomas
Under Trump’s second administration, activists are raising alarming concerns on the health and wellbeing of immigrants held in detention centers. Immigration and Customs Enforcement (ICE) recently reported that, since January 2025, forty-six individuals either in detainment or custody have died.[1] This record setting number of deaths is the highest the United States has seen in over twenty years.[2] As legal claims are brought against ICE for disregarding such inhumane living conditions,[3] the agency, with a $45 billion budget, continues expanding detention facilities in an effort to keep up with mass deportation.[4] The issue, however, is that ICE, in building new detention centers, is failing to abide by land-use and environmental laws—particularly the National Environmental Policy Act (NEPA).[5] As facilities are being built, environmental and policy leaders in Maryland, Florida, Oregon, New Jersey, and Michigan are setting the standard on how states may challenge ICE’s unwavering presence in a futile climate.[6]
NEPA, passed in 1969, establishes requirements that protect the environment by assuring all three branches of government consider the environmental consequences of any significant federal action.[7] When a federal agency believes a “major federal action” might significantly harm the environment, NEPA requires an Environmental Impact Statement be prepared.[8] This statement must address the (1) environmental impact of the proposed action; (2) detrimental effects; (3) alternatives to the action; (4) short-term decisions and their long-term effects; and (5) any irreparable use of federal resources.[9] A party with standing may seek relief under NEPA by claiming the federal agency failed to adequately evaluate the environmental impacts of a federal undertaking.[10] When a NEPA violation is brought, an injunction is placed which requires an immediate halt of any advancements.[11] Thus, a NEPA claim is a compelling starting point to temporarily pause the rapid development of immigration detention centers that threaten surrounding ecosystems.
In February 2026, the state of Maryland sued ICE and the United States Department of Homeland Security (DHS) for the violation of NEPA and the failure to file an environmental impact statement for the proposed $102 million detention facility planned to house approximately 1,500 undocumented immigrants.[12] Maryland further alleged that ICE and DHS failed to notify the public of the construction and the potential environmental impacts prior to allocating significant federal resources towards construction.[13] As a result, in March 2026, a federal judge ordered DHS to pause on the construction of the immigration detention center in Maryland on the grounds that DHS failed to analyze the construction’s environmental consequences in accordance with NEPA.[14] Maryland alleged that the construction and operation of the center will likely create an increase in water pollution and harm to nearby ecosystems, as the existing infrastructure cannot handle a large population of detainees.[15] There are added concerns of sewage overflows and backups due to the facility’s poor infrastructure which will inevitably harm both the environment and public health.[16] The federal judge’s temporary ruling is a win for Maryland as it sends a clear message to DHS and ICE: you cannot bypass legal procedures in efforts to fulfill your mass deportation quota.[17]
Is Maryland likely to be successful in their claim against ICE and DHS? It depends. The United States Court of Appeals for the Eleventh Circuit reversed the preliminary injunction issued against the construction of Alligator Alcatraz, a South Florida Detention Center, citing that the facility did not constitute a “major federal action” as required under NEPA.[18] It is unfathomable to conclude that a man-made facility in the Everglades, surrounded by wildlife and water, would not significantly affect the environment. While the parties are set for oral arguments this April, environmental leaders allege Alligator Alcatraz also violates county code requirements.[19] Going forward, it may be advantageous for parties to further inquire whether a detention facilitiy is in compliance with local and state building codes, in addition to claiming a NEPA violation.[20]
While advocates are rightfully concerned about the inhumane conditions prevalent in immigration detention facilities, it is imperative to address the environmental effects before these facilities are built. By ensuring these facilities are aligned with NEPA, states may mitigate future environmental damage to surrounding ecosystems and waterways that are likely to arise. It is imperative that the circuit courts characterize the construction of immigration detention centers as a “major federal action” which deserves a careful analysis on its environmental effects by federal agencies. Most critically, states are sending a bold message to DHS and ICE: adherence to the legal process is not voluntary, regardless of public safety concerns.
[1] Akash Pillai et al., Deaths and Health Care Issues in ICE Detention Centers Under the Second Trump Administration, Explained, KFF (Mar. 25, 2026), https://www.kff.org/racial-equity-and-health-policy/deaths-and-health-care-issues-in-ice-detention-centers-under-the-second-trump-administration/ [https://perma.cc/7EAR-FQXR].
[2] Id.
[3] Id.
[4] Grace Dixon, ICE Builds Out Detention Centers, and the Suits Pile Up, Law360 (Mar. 25, 2026), https://www.law360.com/articles/2457696?e_id=bf9425e1-b9c3-4e43-8290-608fbffd5ae0&utm_source=engagement-alerts&utm_medium=email&utm_campaign=recommended_articles&utm_content=2026-03-26&utm_marketing_tactic=6&utm_creative_format=1&read_main=1&nlsidx=0&nlaidx=0 [https://perma.cc/MK9F-FXGE].
[5] Id.
[6] Id.
[7] Summary of the National Environmental Policy Act, EPA, https://www.epa.gov/laws-regulations/summary-national-environmental-policy-act [https://perma.cc/SK77-JXX2] (last visited Mar. 28, 2026).
[8] Douglas S. Cram et al., An Introduction to NEPA: The National Environmental Policy Act of 1969, N.M. State Univ., https://pubs.nmsu.edu/_ritf/RITF85/index.html (last visited Mar. 28, 2026) [https://perma.cc/NZK8-NY55].
[9] Id.
[10] Id.
[11] Possible Consequences of Not Following National Environmental Policy Act Process, FEMA, https://www.fema.gov/emergency-managers/practitioners/environmental-historic/assessments/consequences-nepa#:~:text=Enforcement%20of%20the%20NEPA%20process,and%20court%20costs%20to%20resolve (last visited Mar. 28, 2026) [https://perma.cc/T9A3-CZM2].
[12] Rae Varona, ICE Ordered to Pause Detention Project Over Enviro Concerns, Law 360 (Mar. 12, 2026), https://www.law360.com/environmental/articles/2452193/ice-ordered-to-pause-detention-project-over-enviro-concerns [https://perma.cc/T6E5-U7YY].
[13] Isaac Monterose, Md. Seeks Immediate Halt of ICE Detention Facility Project, Law 360 (Mar. 11, 2026), https://www.law360.com/environmental/articles/2451702/md-seeks-immediate-halt-of-ice-detention-facility-project [https://perma.cc/C6BK-7U79].
[14] Kanishka Singh, Judge orders pause on ICE detention center construction in Maryland, Reuters (Mar. 11, 2026), https://www.reuters.com/world/us/judge-orders-pause-ice-detention-center-construction-maryland-2026-03-12/ [https://perma.cc/7VEK-A3LX].
[15] Varona, supra note 12.
[16] Id.
[17] Id.
[18] Dixon, supra note 4.
[19] Id.
[20] Id.