Nebraska judge issues two rulings in lawsuit against ICE facility in McCook
LINCOLN, Neb. (KLKN) – A district judge in Red Willow County issued two rulings on Monday in the lawsuit against an ICE facility in McCook.
The lawsuit, filed by Nebraska Appleseed on behalf of former State Sen. DiAnna Schimek and 13 McCook residents, sought a temporary restraining order and a temporary injunction to stop Gov. Jim Pillen and the Nebraska Department of Correctional Services from turning the Work Ethic Camp into an ICE detention facility.
In a ruling issued Monday, District Judge Patrick Heng “overruled and denied” the defendants’ motion to dismiss the case and the plaintiffs’ motion for a temporary injunction.
The ruling means the lawsuit can continue, but the ICE detention facility will proceed to open by Nov. 1.
Nebraska Appleseed’s legal director, Robert McEwen, issued a statement regarding the rulings:
“While we are disappointed that the Court did not decide to halt the advancement of changes to the Work Ethic Camp that would include detainment, we are pleased that Judge Heng has not dismissed the case. The case will carry forward from here, and we will continue to represent the interests of our clients in halting the activities of the Defendants as they relate to the large-scale detainment camp in McCook.”
In the lawsuit, the plaintiffs argue that the State of Nebraska is violating the Nebraska Constitution and state law by changing the facility’s purpose without legislative approval.
The State of Nebraska argues that state law allows the NDCS to manage state correctional facilities and that the Governor may work with federal agencies.
An hours-long hearing on the lawsuit was held in McCook on Friday.
A day before that hearing, Pillen announced that the Work Ethic Camp had passed its final inspection by ICE.
The facility will continue to be owned and operated by NDCS, in accordance with the initial contract that runs through Sept. 29, 2027.
Use of the facility will net the state around $14 million annually, according to Pillen.
Taking into consideration all costs associated with housing detainees, Pillen said the state will receive $2.4 million per month.
SEE ALSO: Nebraska publishes contract with DHS to use Work Ethic Camp as ICE detention center
