As local officials oppose a proposal to move a local Immigrations and Customs Enforcement (ICE) processing facility to Milwaukee’s Granville neighborhood, City Attorney Evan Goyke says the city is limited in what it can do to block the new facility.
The U.S. Citizenship and Immigration Services (USCIS) currently operates out of a facility in downtown Milwaukee that houses an ICE processing facility, but the federal agency has begun processes to lease a 36,000-square-foot building at 11925 W. Lake Park Drive.
The move sparked opposition from local officials and residents, including Milwaukee’s Common Council leadership, the Democratic Party of Milwaukee County, the Milwaukee Area Labor Council and several state legislators, who said they plan to fight the move at a press conference earlier this month.
However, Goyke said in a memo last week that the city has limited legal authority to block or prevent the federal government from renovating or occupying the building.
Federal law “strips state and local governments of their zoning, building code and other regulatory powers when the construction or alteration of building is sought by a federal agency,” the memo said.
Goyke said the city does have options to delay the process by “formalizing recommendations” about the project, which the government has to legally give “due consideration,” giving local stakeholders the chance to elevate their concerns and apply political pressure.
The City Attorney’s office, along with other city departments, are slated to discuss USCIS’ move at a Zoning, Neighborhood and Development Committee meeting on Feb. 4 in closed session to discuss “litigation in which the city is or is likely to become involved.”
Opposition to the move comes after USCIS filed permits with the city in December to make modifications to the Lake Park Drive building that include a chain link fence around the property and a sally port, which typically refers to a secure, controlled entryway that is common at detention centers. The documents say the building will be used for the processing of “non-detained report-ins” and of “detainees for transport to holding facilities.”
USCIS said the facility will not house detainees overnight.
