Mayes considers 'nuisance' lawsuit to stop Arizona ICE detention facility

Arizona Attorney General Kris Mayes is considering using the state’s “public nuisance” law to stop ICE from opening a massive detention facility in Surprise.

The law gives the attorney general and other county and local authorities the power to sue to block public nuisances, including anything considered a threat to public health, “offensive to the senses,” or at odds with “the comfortable enjoyment of life or property” by the community.

Mayes said there are real concerns that the ICE facility, which could detain up to 1,500 people in a 400,000-square-foot warehouse, meets that definition.

“One has to ask the question whether it's going to be more than that, given the size of this facility,” Mayes said.

The Department of Homeland Security, which has been expanding its detention capacity nationwide, purchased the warehouse in January for over $70 million.

Local impact

Howard Fischer/Capitol Media Services

In a letter to DHS Secretary Kristi Noem, Mayes asked for more information about the facility and its potential effects on the surrounding community, including the impact on water usage, light pollution and local services like fire and police.

“We've asked questions in our letter, like please tell us whether you know you have adequate sewage facilities for that warehouse – obviously, it was not originally designed to hold 1,500 people,” Mayes said. “We've asked questions about traffic design and the amount of new traffic that would occur in that community. I've asked about the appropriateness of putting a facility like that right next to schools, including a high school that is, I think, majority Hispanic and Latino.”

In the letter, Mayes called on Noem to answer those questions before beginning construction or operations at the facility.

The Department of Homeland Security did not respond to questions about Mayes’ letter or the impact the facility will have on neighbors.

But, previously, the department told KJZZ that the purchase was a part of its broader immigration crackdown.

“Every day, DHS is conducting law enforcement activities across the country to keep Americans safe. It should not come as news that ICE will be making arrests in states across the U.S. and is actively working to expand detention space,” according to the statement.

Mayes isn’t the only one asking questions about how the new facility will affect nearby residents.

The purchase led to an outcry among locals, hundreds of whom packed a recent Surprise City Council meeting to vent their frustration.

Mayes also criticized DHS for failing to coordinate with local officials.

“The City was not aware that there were efforts underway to purchase the building, was not notified of the transaction by any of the parties involved and has not been contacted by DHS or any federal agency about the intended use of the building. It’s important to note, Federal projects are not subject to local regulations, such as zoning,” according to a Jan. 30 statement from the city of Surprise.

And, at the Feb. 3 meeting, Mayor Kevin Sartor said the City Council shares the community's concerns but that it cannot regulate how DHS uses the warehouse.

Bipartisan concerns

Ian McKinney/Cronkite News

Members of Arizona’s congressional delegation from both parties have also expressed concern about the facility, including Democratic Reps. Yassamin Ansari, Greg Stanton and Adelita Grijalva and GOP Rep. Paul Gosar, who represents the area that would house the facility.

In a letter to Noem, Gosar affirmed his support for the Trump administration’s immigration crackdown and acknowledged new detention facilities are a part of that effort.

But he said putting the facility in his district raises concerns about impacts on “nearby residents, schools, first responders, and local governments.” He also asked how it could impact city services, infrastructure, traffic and public safety in Surprise, a Phoenix suburb of 160,000 people.

“DHS has an obligation to work cooperatively with state and local officials — especially when making decisions that directly affect the day-to-day life of a growing city like Surprise,” Gosar wrote. “Even when detention capacity is necessary, it must be implemented responsibly, with appropriate review and open communication.”

Mayes, a Democrat, included many of those same concerns in her letter.

“And quite frankly, when I read Congressman Gosar’s letter, it struck me that he was asking the kinds of questions that go into a possible nuisance lawsuit,” Mayes said.

What is a public nuisance?

Since taking office in 2022 Mayes has taken a novel view of what is considered a public nuisance — an interpretation that critics say is too expansive and goes beyond the scope of the actual law.

She used the law to go after a gravel pit near homes in Chino Valley and, most notably, to bring litigation to stop a Saudi-owned company from pumping groundwater in La Paz County. That case is ongoing.

But, so far, there have been no court rulings in those cases finding the issues constituted a public nuisance, meaning there is little legal precedent to determine which interpretation is correct.

Mayes also said she is considering bringing a similar suit to stop a controversial proposed aluminum smelting plant in Benson.