Attorney General Bonta, County of Santa Clara File Motion for Preliminary Injunction to Block Illegal Development of ICE Facility Near Gilroy

OAKLAND — California Attorney General Rob Bonta and Santa Clara County Counsel Tony LoPresti filed a motion for a preliminary injunction in their ongoing effort to block the illegal development of an Immigration and Customs Enforcement (ICE) facility in the unincorporated area of Santa Clara County near Gilroy, California. Earlier this month, Attorney General Bonta and County Counsel LoPresti filed a lawsuit challenging the unlawful development of this facility, arguing that it violates the National Environmental Policy Act, the Immigration and Nationality Act, the Intergovernmental Cooperation Act, the Administrative Procedure Act, and California’s Williamson Act. In their motion for a preliminary injunction, Attorney General Bonta and County Counsel LoPresti detail the dangers of developing such a facility without any environmental review or consultation with state and local governments. Without judicial intervention to halt ongoing development, the federal government will continue its reckless attempt to construct a facility that threatens the local ecosystem, habitat, and infrastructure, along with the many people and families who would be impacted by this facility.

“This attempt to construct an ICE facility without complying with the applicable laws is dangerous for the environment and for our people. California refuses to stand idly by,” said Attorney General Rob Bonta. “We’re asking the court to pause this development and ensure the interests of our communities are properly protected. The law isn’t written in disappearing ink, and it’s time for the Trump Administration to take a step back and read it clearly.”

“This motion demonstrates that, with public health and the environment at stake, the federal government chose secrecy over transparency and speed over deliberation,” said Santa Clara County Counsel Tony LoPresti. “We’re confident the court will hold the federal government accountable to the clear legal requirements that apply to this project — requirements that the federal government has so far completely ignored.”

In January 2025, a private developer leased the 24.5-acre parcel to the federal government for use by ICE — likely as an Enforcement and Removal Operations (ERO) holding facility. ERO holding facilities, which are primarily designed for administrative processing and short-term detainment, have been the subject of numerous lawsuits during the Trump Administration, and investigative reports have revealed frequent overcrowding, long-term confinement, and inhumane conditions. Since leasing the property near Gilroy, the federal government has proceeded with a plan to quickly and surreptitiously develop a facility. In doing so, the federal government has ignored important environmental concerns and federal laws. 

The construction of the facility threatens to cause the release of hazardous materials and disrupt the ecosystem, habitat, and agricultural value of land that the county and the state have protected for exclusively agricultural uses since the 1960s. The project is also likely to have severe impacts on vital infrastructure, overwhelming a septic system designed for much smaller use. This motion for a preliminary injunction asks the court to halt the development of the facility, which includes designing, procuring, renovating, retrofitting, demolishing, constructing, or taking any other actions to physically alter the property.

In their motion, Attorney General Bonta and County Counsel LoPresti argue that:

• The federal government’s decision to enter into a lease agreement and begin construction for a holding facility at the property is a major federal action with likely significant impacts to the environment, which triggered environmental review under the National Environmental Policy Act. 
• The federal government did not attempt to consult with the county or the state to solicit their views about the project, and the federal government’s obscurement of its plans to develop and operate a holding facility at the property prevented the county and the state from providing input to the federal government, in violation of the Intergovernmental Cooperation Act.
• These failures and violations of law warrant a preliminary injunction and halting the construction because the federal government must abide by the law, and the real and likely harm from continuing development outweighs the risk of delaying construction.