TOPEKA — A federal judge cleared the way Thursday for CoreCivic to reopen its Leavenworth prison as an immigration detention center, saying he lacks jurisdiction to hear the case.
The city has not yet decided whether it will appeal the decision to the Tenth Circuit U.S. Court of Appeals in Denver.
“We need to confer with our attorneys,” said Scott Peterson, Leavenworth city manager. “We will probably discuss it with the city commission sometime next week.”
Peterson said he didn’t know whether further court action could occur before June 1, when CoreCivic officials had indicated they may begin receiving detainees.
“We may have further negotiations with CoreCivic themselves about this,” Peterson said.
U.S. District Judge Toby Crouse dismissed the case, saying the city failed to establish subject-matter jurisdiction. During a Tuesday hearing, Crouse repeatedly questioned whether he had any basis to act, saying the city had not adequately outlined that issue.
Crouse, appointed to the bench in 2020 by President Donald Trump, highlighted two pending motions before him, including Leavenworth’s request for an injunction that would have stopped CoreCivic from reopening until it could be determined whether the company had to go through the city’s development process. CoreCivic had asked for a dismissal of the case.
Joseph Hatley, attorney for Leavenworth, said in court Tuesday that CoreCivic had agreed not to take detainees until June 1 while the case was decided.
After the hearing, Hatley said in an interview there were concerns that if detainees were housed in the prison before the legal disputes were resolved, the federal government could refuse to move the detainees regardless of the outcome of the case.
“The City asserts that Core Civic should be enjoined from operating its detention facility without the proper permit,” Crouse wrote in his ruling Thursday. “But it has not pled facts to establish that subject-matter jurisdiction exists in federal court to consider that claim. Accordingly, this action is dismissed, and the parties’ motions are denied as moot.”
CoreCivic spokesman Ryan Gustin said the company was pleased with the decision.
“We remain focused on ensuring the Midwest Regional Reception Center is prepared to meet the needs of our federal partner,” he said.
Gustin did not answer questions about whether CoreCivic intended to begin housing ICE detainees in June.
Move forward
Activists who have spoken out against reopening the facility are hopeful the city will appeal.
“We hope the city will explore all of its options as the concerns of the lawsuit since its filing in February — CoreCivic’s disregard for the city’s governance and its rush to fill the facility without accountability — have only grown more urgent,” Esmie Tseng, spokeswoman for the American Civil Liberties Union of Kansas, said in an email.
Tseng also said the judge’s decision held hope with regard to whether CoreCivic would have to follow Leavenworth development codes requiring the company to apply for a special use permit.
