Construction of ICE facility near Gilroy blocked after judge issues preliminary injunction
By Carlos E. Castañeda
A judge on Friday granted a preliminary injunction blocking further construction of a U.S. Immigration and Customs Enforcement facility in Santa Clara County near Gilroy.
California Attorney General Rob Bonta and the county filed a motion for the preliminary injunction in June, two weeks after filing a lawsuit against the Trump administration over the construction, claiming the project bypassed required environmental review or consultation with state and local governments.
The lawsuit claims the construction will threaten the local ecosystem, which it says has been protected by the state for exclusive agricultural use since the 1960s, and is likely to severely impact local infrastructure. The suit argues that project violates the National Environmental Policy Act, the Immigration and Nationality Act, the Intergovernmental Cooperation Act, the Administrative Procedure Act, and California’s Williamson Act.
U.S. District Court Judge Eumi K. Lee’s decision on the motion for a preliminary injunction halting further construction of the facility and finds Bonta and the county are likely to succeed in the litigation. Lee has asked the parties to confer and submit a proposed order by September 30 on the scope of the injunction.
Work on the facility began in the spring of 2026 and ICE agreed to temporarily pause construction at 7240 Holsclaw Road just east of Gilroy, and Lee extended the temporary stay on Sept. 8 to allow further review of the motion. ICE describes the facility as new offices to replace current offices in Morgan Hill, along with a holding facility – not a detention center – for 10 people for a maximum of 12 hours.
The 24.5 acre parcel was previously used for agricultural research and a commercial nursery facility.
“No one is above the law — not even the federal government,” said Bonta in a prepared statement. “The Trump Administration tried to rush construction of this facility in secret, ignoring environmental safeguards and shutting out the communities that would bear the consequences. This ruling sends a clear message: California will hold the federal government accountable and protect our communities, our environment, and the rule of law.”
In an email to CBS News Bay Area on Monday, a spokesperson for the U.S. Department of Homeland Security declined to offer a statement on the ruling.
“ICE will not confirm office locations as our officers are facing a coordinated campaign of violence against them including an 8,000% increase in death threats against them and a 1,300% increase in assaults against them,” the spokesperson said.
The email also included the statement provided to CBS News Bay Area last week after Lee extended the temporary stay on construction.
“Is it really news that when a federal agency hires more personnel that they need more space? Thanks to the Big Beautiful Bill, we have an additional 12,000 ICE officers and agents on the ground across the country. That’s a 120% increase in our workforce.”
