Owner of North Texas warehouse says it won’t sell or lease to feds for ICE facility. What comes next?

The owner of a Hutchins, Texas warehouse says it won’t sell the building to DHS for it to become an ICE detention facility.

HUTCHINS, Texas — The owner of a Hutchins warehouse said it would not sell or lease its building to the Department of Homeland Security, amid concerns from the community about a potential Immigration and Customs Enforcement (ICE) detention facility there.

Majestic Realty Co. officials, in a statement to WFAA, said the company was “contacted about the potential sale” of the Hutchins warehouse. But Majestic officials said the company “has not and will not enter into any agreement for the purchase or lease of any building to the Department of Homeland Security for use as a detention facility.”

“We’re grateful for the long-term relationship we have with Mayor Mario Vasquez and the City of Hutchins and look forward to continuing our work to find a buyer or lease tenant that will help drive economic growth,” the Majestic statement said.

WFAA reached out multiple times to the Department of Homeland Security for comment about whether it will continue pursuing the site, including through eminent domain, but did not receive a response.

Vasquez, other city leaders and numerous residents spoke out against the possibility of the large warehouse off I-45 being used as a potential ICE detention facility. The Washington Post reported in January that ICE had planned to build out a detention facility in Hutchins that could hold up to 9,500 people. 

Mayor Vasquez said in a statement to WFAA, thanking everyone for their patience as the city worked through the “challenging issues.”

“As many of you are now aware, Majestic Realty Company released a statement earlier today that they will not be entering into any agreements for the purchase or lease of any buildings to the Department of Homeland Security for use as a detention facility. I want to first commend the owner of the building, Majestic Realty for their decision, and we look forward to working with Majestic Realty to find a tenant that is a good fit for the City of Hutchins.

The last several weeks, as you can imagine have been challenging for many of us, both residents and elected officials. However, I want to thank everyone for their patience as we worked through these challenging issues. Both elected officials and staff heard your voices, and although we could not say much during these times due to the limited information that we had been provided, your concerns did not go unnoticed, and your professional decorum shown during our city council meetings, as well as the protest here at City Hall, is much appreciated. As a city council, we will continue to work toward what is best for the City of Hutchins.

While details about the potential for the facility remained scarce, Vasquez told a crowded city council meeting earlier this month that no one with the city wanted such a facility.

“If you think that anybody up here is on board with it, you’re in the wrong building,” Vasquez said. “Nobody up here on this dais is on board with what they’re trying to put here.”

During the same council meeting, council members acknowledged receiving a letter of opposition from State Rep. Rafael Anchia, who represents parts of Dallas County in the Texas House.

Anchia wrote that he strongly opposes a proposed U.S. Immigration and Customs Enforcement detention facility reportedly planned for Hutchins, citing concerns about community impact, infrastructure strain and transparency.

Federal eminent domain still possible

Even with Majestic’s refusal, the federal government could still attempt to acquire the property through eminent domain.

Attorney Matt Hurt, who represents landowners in condemnation cases, explained that “eminent domain is when the government or some subdivision of the government takes a person’s property. It’s allowed under the federal Constitution and the Texas Constitution as long as the government pays fair compensation.”

Hurt said federal condemnations are far less common than state takings for highways and infrastructure projects.

“I have never seen one in my career,” Hurt said, adding that federal takings are “unusual.”

He explained that in federal cases, if negotiations fail, “they can simply take the property simply by filing a federal eminent domain case,” deposit an appraised amount and take possession while compensation disputes continue.

Challenging the government’s right to take property, he said, is difficult.

“I tell clients in almost all my cases, challenging right to take is a challenge. It’s almost always a long shot,” Hurt said.

Any federal case involving the Hutchins property would be filed in the Northern District of Texas.

Concerns over scale and conditions

Opponents have argued the warehouse was never designed for human detention.

“The biggest concern is it’s not meant for humans,” Pastor Eric Folkerth said. “It’s a warehouse meant for packages, and we should not be storing humans in a warehouse meant for packages.”

He also raised concerns about the size of the proposed facility.

“Just the scale and the size of it, it is massively larger than any other detention facility anywhere,” Folkerth said. “There are humanitarian concerns. There are health concerns, traffic concerns.”

Folkerth noted he has protested immigration enforcement policies under multiple administrations.

“In transparency, during Obama’s time, I was not happy that he deported that many people either. I protested,” he said. “People need to understand I protested him as well.”

Congressman cites complaints at existing facilities

U.S. Rep. Joaquin Castro, D-San Antonio, said he has visited the South Texas ICE Processing Center and described it bluntly.

“This thing is absolutely a prison,” Castro said.

He said there are about 1,700 people currently held there and that “the vast majority of the people have no criminal history at all, not committed a single crime.”

Castro said he has received “complaints about lack of access to medical care, about the food, about overcrowding, people not being able to talk to their attorneys or their family members.”

He described immigration detention as “a multibillion-dollar industry that holds people in detention” and said ICE is purchasing warehouses across the country “because they want to ramp up their operations.”

“As bad as it’s been and as many constitutional rights they have broken, they want to make it worse,” Castro said.

What’s next

For now, the Hutchins project will not proceed because the property owner has declined to participate.

However, unless federal officials abandon the idea entirely, the possibility of eminent domain remains — meaning the final chapter may depend on whether the government decides to pursue the property through condemnation proceedings.

Federal officials have not confirmed any plans for a possible detention facility in Hutchins.