A small Georgia town's federal lawsuit opposing the Trump administration's plans to convert a warehouse into one of the largest immigration detention centers in the U.S. has the potential to create a broad impact, as it employs novel legal arguments, experts say.
Social Circle's Complaint Goes Beyond Environmental Claims
The town of Social Circle's complaint goes further than other recently filed lawsuits on the same issue, which primarily assert that the federal government has failed to conduct environmental impact assessments for proposed detention centers, as required by the National Environmental Policy Act (NEPA).
The town's lawsuit alleges that the Department of Homeland Security and ICE have also violated the federal Administrative Procedures Act (APA), which "requires reasoned decision-making by federal agencies, including consideration of adversely affected interests and any reasonable alternatives," according to the complaint.
Public Nuisance Claim Adds a New Dimension
Additionally, the complaint asserts that locating what ICE has called "megacenters" in the small town of about 5,000 residents would violate Georgia's "public nuisance" law, meaning it would "harm their health, safety, and wellbeing."
This approach shows that Social Circle "is willing to pursue a new legal theory to defend their rights, to defend their town," said Adam Lauridsen, one of the plaintiff's attorneys.
The innovation may prove important. "It's significant that this is not just an environmental claim, but also raises the two other types of claims," said Timothy D. Lytton, a law professor at Georgia State University. "This can frame placing these facilities in these towns in a different way."
Samantha Hamilton, senior staff attorney at Asian Americans Advancing Justice – Atlanta, an organization that opposes ICE's plans, agrees. "Other claims are focusing on NEPA – 'They skipped a step and need to do an environmental review,'" she said. But the town's decision to invoke state public nuisance law "reminds the court that communities are part of this discussion. It reminds of the humanity of the people behind this, and is more in step with what the public is saying."
First Lawsuit from a Local Jurisdiction
The complaint, filed in mid-May, is also the first to come from a local jurisdiction rather than a state attorney general. Moreover, the small town sits in a county where nearly 75% voted for Trump. States that have sued over the issue in recent months – New Jersey, Michigan, Maryland, and Arizona – are all led by Democrats.
Eric Taylor, city manager for Social Circle, told the Guardian "we went the route we had to go," given that the proposed plans would triple the local population, straining drinking water, sewage, police, and ambulance services.
Rare Case of a Small Town Taking on the Federal Government
"It's pretty rare for a 5,000-person town to go up against the federal government in such a high-profile matter," Lauridsen said. "It shows that towns have the power to resist ICE and DHS coming in and building detention centers that will hurt the town and its people."
Lauridsen pointed to the town's interactions with the agencies after it became clear that the federal government had purchased a warehouse for $128 million in early February – nearly five times its assessed value of $29 million last year, Taylor told the Guardian shortly after the sale.
The Guardian's earlier reporting, cited in the lawsuit, detailed Taylor's frustrations with obtaining answers from the federal government about the proposed project's impacts on the town. Taylor said he has only spoken with federal officials once, by phone, for less than an hour – and the concerns remain.
A DHS spokesperson wrote in response to a query: "As with any transition, we are reviewing agency policies and proposals. As Secretary Mullin said in his confirmation hearing: 'I will work with the community leaders and make sure that we are delivering for the American people what the president set out … We want to work with community leaders. We want to be good partners.'"
ICE did not reply.
APA Claims and Public Nuisance: Potential Precedents
"The federal government needs to plan things out and explain what it's doing – it can't just shoot first, explain later," said Lauridsen, referring to the lawsuit's APA claim. He added that the APA's "protections are now even more significant and relevant," and that other local jurisdictions "can invoke their rights under the APA to force the government to follow the law – even in other areas outside immigration."
Allison Gill, a former high-level official at the Department of Veterans Affairs who became known for her podcast Mueller, She Wrote, invoked the APA in a lawsuit she filed against the Department of Justice over the Trump administration's $1.776 billion "anti-weaponization fund."
As for public nuisance claims, Lauridsen noted they are more commonly filed against corporations, and he expects the federal government to assert immunity against such a claim. Still, he said, the law exists for "people to protect themselves from someone coming in and hurting their environment and way of life."
Lytton of Georgia State noted that while the case may take time to resolve, its overall approach may have an immediate impact. "People file lawsuits to change government policy or decisions," he said. "So it's not just a matter of winning – if it attracts public interest, that can help plaintiffs meet their goals in other ways."
Taylor pointed to other localities around the nation with similar plans for detention centers. "We're all in the same boat … and we need to be learning from each other. If we're successful, I hope it helps other communities down the line," he said.
