Leavenworth’s attorneys argued that ICE’s “need for capacity” isn’t a valid reason to sidestep city ordinances. The city is asking the court to declare that CoreCivic must go through the permitting process.
CoreCivic said it doesn’t need to acquire a new special use permit because it still hired staff to maintain its facility, and thus wasn’t technically “inactive.” The company removed a statement that the facility was inactive from its website.
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Leavenworth's history with CoreCivic
Leavenworth’s lawsuit highlights major scandals at the prison, including a 129-page report from the U.S. Department of Justice’s Office of Inspector General in 2017, which characterized the prison as chronically understaffed and overcrowded with inmates.
In 2019, the District Court for the District of Kansas found that CoreCivic’s practice of recording attorney-client communication violated the law, leading to some detainees being discharged.
In 2021, the American Civil Liberties Union urged the White House to close the facility, which was later achieved when then-President Joe Biden issued an executive order ending any contracts with private prisons.
The potential reopening of the detention center led to protests in Leavenworth. A small group comprised of the Kansas ACLU, the Sisters of Charity of Leavenworth and Advocates for Immigration Rights and Reform had a rally, featuring former CoreCivic staff, on April 17, according to KMBC.
CoreCivic's plan during Trump administration
CoreCivic said the Midwest Regional Reception Center will house about 1,000 detainees at a time, who will be held for about 51 days before being processed through the immigration center. Leavenworth questioned whether detainment periods would exceed 51 days, and that plans don’t include “accountability for the potential strain on critical City services,” “no measures to ensure cooperation” with local police and no assurance of adequate staffing.
“The City intended to address all these concerns to the greatest extent possible under Kansas law through the process of reviewing and considering CoreCivic’s application for a (supplemental use permit),” Leavenworth’s lawsuit says. “By refusing to participate in thie lawfully mandated process, CoreCivic has deprived the citizens of Leavenworth of any opportunity to articulate other legitimate concerns over CoreCivic’s use of the property.”
President Donald Trump is more friendly to private prisons, and in his first term rescinded executive orders issued under former President Barack Obama that declined the renewal of contracts with private detention facilities. But the federal government remains reliant on private businesses to detain immigrants, with more than 90% of immigrant detainees housed by for-profit entities according to the Brennan Center for Justice.
CoreCivic has said it expects growth under the Trump administration.
“The change in presidential administration on Jan. 20 has ushered in significant policy and legislative changes that directly impact our business,” CoreCivic CEO Damon Hininger said on a company earning call, according to ABC News.
CoreCivic says prison benefits Leavenworth
KCUR reported that CoreCivic is making the case that reactivating its facility would create 300 well-paying jobs and bring property taxes to the city. It also promised to use local contractors to update the facility, claiming it has spent $400,000 on local vendors.
CoreCivic spokesperson Ryan Gustin told KCUR that past staffing shortages happened during the pandemic and that the company learned from its mistakes.
Local politicians weigh in
Kansas Rep. Pat Proctor, R-Leavenworth, condemned the city’s lawsuit against CoreCivic, saying it will inhibit immigration enforcement.
“I condemn in the strongest possible terms Democrat Leavenworth Mayor Holly Pittman's decision to block President Trump's efforts to reverse Joe Biden's disastrous open borders policy and deport the tens of millions of illegal aliens who have flooded our country. As a Leavenworth taxpayer, this is NOT how I want my tax dollars spent,” Proctor posted on X.
Kansas Sen. Jeff Klemp, R-Leavenworth, has also defended CoreCivic’s plan to reinstate its detention facility and criticized the city’s lawsuit in an op-ed in the Leavenworth Times.
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