DHS Agrees to Pause ICE Detention Center Renovations in Surprise
The controversy over the proposed Immigration and Customs Enforcement (ICE) detention center in Surprise has taken another turn.
The U.S. Department of Homeland Security (DHS) and Arizona Attorney General Kris Mayes have jointly asked a federal judge to pause litigation while DHS completes an environmental review of its planned conversion of a warehouse into an immigration detention facility.
For many Surprise residents, the announcement represents the first significant pause in a project that has divided the community since it quietly began earlier this year.
- DHS will first prepare an Environmental Assessment.
- The agency must provide the court with status reports every 60 days while the review is underway.
- If the EA concludes there are no significant environmental impacts, DHS could issue a Finding of No Significant Impact (FONSI) and proceed.
- If the EA identifies significant impacts, DHS would likely have to prepare a full Environmental Impact Statement, which could delay the project by several years.
Given the controversy surrounding the Surprise facility—including its proximity to schools, compatibility with the surrounding area, traffic, public safety concerns, and the public interest—it would not be surprising if the Environmental Assessment takes a year or more. If a full EIS is required, the project could be delayed well beyond 2027.
A Project That Began Without Local Input
In January, DHS purchased a 418,000-square-foot warehouse at 13290 W. Sweetwater Avenue for approximately $70 million with plans to convert it into an ICE detention center.
Because the federal government is not subject to many local zoning approval processes under the Supremacy Clause of the U.S. Constitution, the City of Surprise was not asked to approve the project. There were no neighborhood meetings, planning hearings, or public forums before the purchase was completed.
The proposed facility is located in an industrial area near several schools, including multiple Title I schools. It also lies within the Luke Air Force Base compatibility area, where Arizona law places restrictions on overnight lodging uses designed to protect military operations. Those issues have become central arguments raised by opponents of the project.
Community Divided
Few issues in recent Surprise history have generated as much public debate.
Many residents strongly support the facility, believing it will assist federal immigration enforcement and improve border security.
Others strongly oppose it, arguing the location is inappropriate and that the project will permanently change the character of Surprise.
The disagreement has dominated numerous City Council meetings, many lasting more than five hours due to lengthy public comment. Protesters have regularly demonstrated outside the warehouse and at City Hall. The issue has even spilled into meetings unrelated to immigration, including Dysart Unified School District Governing Board meetings.
Tensions have occasionally escalated beyond peaceful protest. One individual has been arrested after allegedly throwing a propane tank into the warehouse, causing a fire.
City Leaders Seek Answers
Although city officials have acknowledged they have limited legal authority to stop the project, they have actively sought assistance from state and federal officials.
Surprise City Council members have met with Congressman Paul Gosar, U.S. Senators Mark Kelly and Ruben Gallego, and Arizona Attorney General Kris Mayes. The city also formally requested that DHS comply with applicable state and local requirements wherever possible.
Mayor Kevin Sartor has consistently stated that the city lacks the legal authority to prohibit the federal government from using the property.
Meanwhile, DHS agreed to pay the City of Surprise $300,000 annually to help offset lost tax revenue after the warehouse was no longer developed as a private commercial distribution center.
Environmental Review Now Required
Attorney General Mayes filed suit in April seeking to stop the project, arguing DHS failed to complete environmental reviews required under the National Environmental Policy Act (NEPA).
Under the agreement filed with the court, DHS will prepare an environmental assessment evaluating the proposed conversion of the warehouse.
Until that review is complete—and until either a decision document or, if necessary, a full Environmental Impact Statement has been issued—DHS has agreed not to house detainees at the facility or perform work directly related to converting the building into an ICE detention center.
The department must provide status reports to the court every 60 days while the review is underway. Once the environmental process concludes, Arizona will have ten days to determine whether to continue pursuing a preliminary injunction.
The agreement does allow DHS to perform maintenance or other work at the property that is unrelated to converting it into a detention center.
My Perspective as a Surprise Resident
I have opposed this facility from the beginning— I believe this is the wrong location.
The warehouse sits near several Title I schools and in a community that has worked hard to build a family-friendly identity. I believe placing a federal immigration detention center there changes the character of our city.
Regardless of where someone stands on immigration policy, I believe local communities deserve a voice when projects of this magnitude are proposed. While federal law gives DHS broad authority, the residents of Surprise are the ones who will live with the long-term impacts.
Unfortunately, the proposal has already changed our community. Public meetings have become contentious. Residents have become increasingly divided. Demonstrations have become commonplace, and at least one act of criminal violence has occurred at the facility.
Whether the detention center is ultimately built remains uncertain. The environmental review provides an opportunity to carefully examine the project's impacts before any further conversion work proceeds. For the sake of the community, I hope that review is thorough, transparent, and gives residents confidence that every concern has been fully considered.
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