The city, county and Socorro city governments have adopted resolutions formally opposing the planned mega detention center \u2013 but have had little success finding legal and regulatory ways to block it or future facilities.<\/p>\n
On Monday, the El Paso City Council voted unanimously to direct the city attorney and city manager to continue evaluating city zoning language it hopes could block or slow new ICE detention operations. The El Paso County Commissioners Court on April 6 filed a lawsuit against ICE<\/a> for allegedly failing to respond to a Freedom of Information Act request related to plans to build the detention facility, including whether the federal government conducted a required environmental study.\u00a0<\/p>\n DHS didn\u2019t respond to El Paso Matters\u2019 request for comment. But with recent leadership change at DHS, some plans may be on hold.<\/p>\n Homeland Security Secretary Markwayne Mullin, sworn in to replace Kristi Noem on March 24, is reviewing plans to transform warehouses into detention centers, pausing the purchase of new facilities and scrutinizing previously approved contracts.<\/p>\n During his confirmation hearings last month, Mullin noted that most municipalities don\u2019t have the capacity in their infrastructure for waste and water. \u201cSo, it\u2019s important that we\u2019re talking to the communities and if we\u2019re having additional needs, we can work with the cities,\u201d he said at the hearing.<\/p>\n Here\u2019s what to know about what municipalities can do about detention centers:<\/p>\n Cities generally can\u2019t block federal detention centers<\/p>\n Under the Supremacy Clause of the U.S. Constitution, federal agencies such as ICE and the Department of Homeland Security are typically not bound by local zoning or permitting rules when operating on federally owned land.<\/p>\n In El Paso, DHS purchased three warehouses for $123 million<\/a>, so it owns the property outright.<\/p>\n Private contractors or landlords leasing space to the federal government are typically subject to local code requirements and inspections unless a specific federal exemption applies.<\/p>\n Local governments still have some leverage<\/p>\n Even with those limits, cities and counties aren\u2019t powerless.<\/p>\n Federal law requires agencies to consult with local officials and consider local regulations \u201cto the maximum extent feasible.\u201d It does not require, however, that the federal government follow local recommendations.<\/p>\n Detention centers rely on local infrastructure \u2014 including water, sewer, electricity and emergency services \u2014 giving local governments some influence over whether projects can realistically operate.<\/p>\n Far East El Paso center may hinge on infrastructure<\/p>\n The proposed facility in far East El Paso County is already facing questions about whether the area has enough water and infrastructure to support a large detention center.<\/p>\n The site of the planned detention center is serviced by the Lower Valley Water District, which contracts with El Paso Water.\u00a0<\/p>\n While neither entity can deny the federal government service, they can charge the cost of infrastructure<\/a> to them. Officials with the LVWD have said they anticipate having to place a large water tank on the detention center property to store water, which would have to be paid for by the federal government.<\/p>\n Other cities where detention centers are planned have also raised concerns about water supply, sewage capacity and emergency services.<\/p>\n Location matters<\/p>\n While El Paso City Council and Commissioners Court are investigating potential restrictions, the mega detention center isn\u2019t planned within the jurisdiction of either.\u00a0<\/p>\n The new planned center off Gateway Boulevard East near Clint is within the Socorro city limits in what is now an industrial zone.<\/p>\n In this case, there would be little the city or county of El Paso could do in terms of zoning or other regulations. Instead, those two governments are focused on blocking any future immigration detention centers within their jurisdictional boundaries.<\/p>\n Communities nationwide are testing ways to push back<\/p>\n Throughout the country, including in Texas, local governments are trying a range of strategies to resist new ICE facilities:<\/p>\n Passing moratoriums on new private detention centers<\/p>\n Enforcing zoning and code rules on privately owned properties leased to ICE<\/p>\n Filing environmental lawsuits over water and infrastructure impacts<\/p>\n Restricting how federal agents can use city-owned land<\/p>\n Other entities have sued the federal government to try to halt similar projects, including in Maryland and New Jersey.<\/p>\n In Maryland<\/a>, a federal judge issued a restraining order against DHS that was later extended, pausing construction<\/a> over concerns of environmental damages. The government promised it would conduct an environmental analysis. The New Jersey lawsuit<\/a> argues the proposed detention center site is unsuitable, citing inadequate water and sewage infrastructure. It also argues the government failed to conduct environmental reviews.<\/p>\n Some efforts have delayed or reshaped projects, but many are expected to face legal challenges \u2014 and courts are still deciding how far local authority can go.<\/p>\n In February, several lawmakers introduced in the House and Senate the Respect for Local Communities Act to require local consent for new ICE detention centers.<\/p>\n ICE detention centers in El Paso<\/p>\n El Paso is no stranger to immigrant detention facilities.<\/p>\n The federal government runs a tent facility in far Northeast El Paso opened in January 2023 as a processing center for Border Patrol to help with the influx of migrants arriving at the border at that time. The facility was transferred to ICE<\/a> to use for detention decompression and staging area for deportation flights in March 2025.\u00a0<\/p>\n The East Montana Detention Facility, known as Camp East Montana, opened on Fort Bliss land in August 2025 and is expected to hold up to 5,000 detainees. ICE recently replaced the center\u2019s operators after several reports of human rights violations<\/a> and\u00a0 violation of detention standards.<\/a><\/p>\n![\"\"](\"https:\/\/www.newsbeep.com\/us-tx\/wp-content\/uploads\/2026\/04\/CB_ICEWarehouse-48.jpg\")
A water truck brings employees to work on a fire hydrant on Eastwind Avenue, near the warehouse complex recently purchased by the Department of Homeland Security to be converted to a migrant detention center, March 20, 2026. (Corrie Boudreaux\/El Paso Matters)<\/p>\n![\"\"](\"https:\/\/www.newsbeep.com\/us-tx\/wp-content\/uploads\/2026\/04\/CB_FtBlissDetentionCenter-4.jpg\")
The new Fort Bliss detention facility, slated to be the largest in the country, will open with 1,000 beds and expand to house 5,000 people. (Corrie Boudreaux\/El Paso Matters)<\/p>\n