Arizona AG files lawsuit to block proposed ICE facility in Surprise
AG Mayes sues to stop DHS warehouse from opening
Arizona Attorney General Kris Mayes has filed a lawsuit to try and stop the planned ICE detention facility from opening in Surprise.
SURPRISE, Ariz. - Arizona Attorney General Kris Mayes said on Friday she has filed a lawsuit to block a proposed ICE detention facility from opening in the West Valley.
"What I would say is you lose every battle that you choose not to fight," AG Mayes said on April 24. "Today, the State of Arizona is choosing to fight."
What we know:
Department of Homeland Security Secretary Markwayne Mullin and acting ICE director Todd Lyons are named in the lawsuit, which alleges that DHS and ICE have not conducted environmental reviews that are required under the National Environmental Policy Act (NEPA).
Surprise Mayor meets with DHS over proposed ICE detention facility
The mayor of Surprise met with Homeland Security in Washington, D.C., to discuss a planned detention facility in Surprise.
Mayes also claims the proposed facility violates the Immigration and Nationality Act (INA).
"Given its location in a potential chemical hazard zone, the Surprise facility is not, and will never be, suitable for use as a mass detention facility," read a statement from the attorney general's April 24 news release. "Because the federal government has conducted no environmental review, the State has no way of knowing how they plan to modify the warehouse for its new purpose. As currently constructed, the Surprise Warehouse almost certainly lacks the water and wastewater infrastructure needed to safely house that many people."
What they're saying:
Mayes says the warehouse is in an area that is zoned for industrial use and is across the street from a facility that stores thousands of gallons of hazardous chemicals, posing "serious and unacceptable risks."
"The Trump administration has run roughshod over federal law in its rush to expand detention capacity across the country," Mayes said. "The federal government did not ask the people of Surprise whether they wanted this facility in their backyards. They simply bought a warehouse, handed a $300 million contract to a private company and told the City to deal with it. We will do everything in our power to demand accountability from the federal government and to protect the health and safety of this community."
"Adding hundreds of people locked up with no ability to self-evacuate. It then becomes much, much worse," said State Sen. Catherine Miranda (D-District 11).
"Students have already started going online because of this, and it’s not even operating. It’s just a civil duty to protest students as much as possible," said Dysart High School Student Body Vice President Cali Overs.
What's next:
Mayes says the federal government must complete one of the following steps to move forward with the facility:
- Identify a categorical exclusion
- Compile an environmental impact statement
- Conduct an environmental assessment, resulting in either an environmental impact statement or a formal, public finding of no significant environmental impact
The other side:
ICE officials have released a statement that reads, in part:
"This isn’t about the environment. It’s about trying to stop President Trump from making America safe. Prior to purchasing this site, ICE carefully evaluated the use of existing facilities to help minimize environmental impacts."
The backstory:
Last January, DHS bought the 418,000-square-foot warehouse for more than $70 million near Sweetwater Avenue and Dysart Road, according to Maricopa County property records.
Proposed DHS warehouse in Surprise draws hundreds following discussions in Washington D.C.
A massive crowd gathered at Tuesday’s Surprise City Council meeting to debate a proposed DHS warehouse, following Mayor Kevin Sartor’s recent discussions in Washington, D.C.
Surprise city leaders say they were not contacted by DHS about the warehouse purchase. Bipartisan concerns have been raised about infrastructure, traffic, emergency services and public safety.
Nationwide, Homeland Security purchased 11 warehouses for just over $1 billion under former Secretary Krist Noem. However, Mullin paused the purchase of any new warehouses and is reviewing the plan to hold tens of thousands of migrants in those facilities.
Dig deeper:
Retrofitting the Surprise facility is expected to cost $150 million and create nearly 1,400 jobs. Over three years, operations are projected to cost $180 million while generating approximately $16 million in annual tax revenue.
Map of the location of the proposed ICE facility:
The Source: Information for this story was gathered from a news release from Arizona Attorney General Kris Mayes and a FOX 10 report on March 30, 2026.