Local Governments and ICE Detention Facilities: Legal Authority, Constraints, and Litigation

CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

Mark and Amanda will provide a practical overview of the legal tools and limitations available to local governments when faced with proposals for immigration detention facilities. Drawing on real-world experiences from communities that have grappled with these issues, panelists will discuss strategies that local governments have explored, the legal theories underlying those approaches, and how courts have responded to similar efforts around the country.

The program is designed to help local government attorneys advise their clients when elected officials direct staff to evaluate options for permitting, regulating, or opposing their development. Attendees will gain insight into current litigation trends and the potential risks and considerations that arise when federal immigration enforcement interests intersect with local land use and governance authority.

Rick Su will talk about the refusal of towns to hook up or provide services that they claim will overwhelm their infrastructure, especially water, sewer, and power.  He will also discuss how this could put the federal government in a difficult position, as efforts to mandate expansion for connection raises commandeering concerns.

Speaker: Rick Su, Amanda Berndt & Mark Kittrell