DHS addresses costs, concerns about ICE detention center in meeting with Surprise officials

In a meeting with city officials from Surprise, the federal government agreed to offset local infrastructure costs and set up local oversight for a planned immigration detention facility the Department of Homeland Security is building in the Phoenix suburb.

City Manager Andrea Davis, Mayor Kevin Sartor and other members of the Surprise City Council met with federal immigration officials in Washington, D.C., last week to learn more about the facility, which has generated controversy in the Surprise community since it first came to light in January.

Over the last several weeks, local leaders said they received little communication from the federal government about the detention center that could house thousands of people in a 400,000 square foot warehouse purchased by DHS.

City Councilman Johnny Melton said both Congressman Paul Gosar, a Republican, and Gov. Katie Hobbs, a Democrat, were instrumental in securing the meeting.

“It took bipartisan support to get that meeting, and I was very grateful,” Melton said.

In a statement, the city said the meeting gave local leaders the opportunity to ask questions, share concerns and improve communication.

“The conversation was an important step in obtaining additional information and clarity regarding future federal operations in Surprise, and emphasized the importance of transparency, as well as timely communication and coordination, so the city can be fully informed and prepared,” according to the statement.

There are still many unanswered questions about the facility, including when it will open.

Internal documents indicated the DHS planned to open it by the end of September. But Melton said agency officials indicated they could partially open before that, saying they could house 250 people in Surprise by late May.

That would require them to complete retrofitting at least a portion of the warehouse, which wasn’t originally built to house people, in about two months. DHS just awarded the contract to retrofit and operate the facility to a controversial security company earlier this month.

“It’s an aggressive schedule,” Melton said.

Promises 

Many concerns about the Surprise facility are rooted in the U.S. Constitution’s Supremacy Clause, which states that the federal law supersedes state law in most cases.

That means that the Surprise City Council can’t use its powers, such as authority over zoning rules, to regulate the planned ICE detention center or limit the impact on the neighbors and city resources.

Melton said DHS also committed to offsetting costs incurred by the city due to the new facility.

The Supremacy Clause exempts the federal government from paying property taxes, but Melton said DHS is willing to pay a “bed tax” to cover those costs.

“That would be to help offset the cost of our public safety resources and also infrastructure, any infrastructure change that's happened,” he said. “This is gonna have a lot of people in it, allegedly, and so if there's any wastewater change, improvements that need to be made or whatever, they're gonna cover that cost.”

Melton said DHS officials did commit to addressing some of the city’s other issues, including offering some level of oversight to city officials.

He said DHS was open to allowing the council to tour the facility before it houses anyone.

“Because one of the questions I raised was, ‘how do I ensure that the detainees are treated humanely?’” Melton said.

He also told DHS officials local residents did not want to see immigration agents in local government buildings like senior centers and schools.

“They said, ‘well, we won't. We don't operate that way,’” Melton said.

Agency leaders also said they would create a community relations board, though it is unclear exactly who would serve on that board and what power they would hold, Melton said.

After taking office, President Donald Trump removed a longtime policy prohibiting immigration agents from entering places like schools and churches. And schools in cities like Minneapolis and Chicago that have seen ICE surges have reported lower attendance and students and families fear being confronted by agents while on the way to school.

A good start

Melton said the conversation with DHS was a good start, but he isn’t naive to controversies surrounding ICE in other cities.

“I can't speak for the mayor or my other seatmates, but what I am looking for is to have all those promises, especially that last one, in some kind of writing,” Melton said. “I don't care if it's an (intergovernmental) agreement or whatever, but I would like to see that in writing.”

DHS declined to respond to specific questions about the facility or its meeting with Surprise officials.

“ICE purchased a facility in Glendale, Arizona,” an agency spokesperson said in a statement. “These will be very well-structured detention facilities meeting our regular detention standards. Sites will undergo community impact studies and a rigorous due diligence process to make sure there is no hardship on local utilities or infrastructure prior to purchase. The Glendale Processing facility and its construction are expected to bring 1,372 jobs and would contribute $154.1 million to GDP. It’s also projected to bring in $32.9 million in tax revenue.”

The Surprise City Council will share more details about what it learned from the meeting at its next open meeting on April 7, according to the city.