Overview

When Governor Pillen announced the conversion of the McCook Work Ethic Camp into an ICE detention center in August 2025, it triggered opposition from McCook residents, state lawmakers, and civil rights organizations. However, legal challenges failed to stop the facility from opening.

Opposition Tracks

Local Resident Lawsuit (Schimek case)

Former state Sen. DiAnna Schimek and 13 other McCook residents filed suit Oct 15, 2025 to stop the conversion, arguing Gov. Pillen and NDCS Director Rob Jeffreys overstepped their authority. A temporary injunction was denied; on March 27, 2026 Red Willow County District Court Judge Patrick M. Heng dismissed the case (legislature had not limited NDCS detention authority to sentenced inmates). Nebraska Appleseed appealed April 23, 2026 on separation-of-powers grounds — the case remains live on appeal.

Sheriff 287(g) MOUs Drawing County-Board Pushback (May 2026)

Separately from the facility fight, the Red Willow County sheriff signed ICE 287(g) memorandums of understanding (including a task force model). On May 12, 2026, Nebraska Voices (spokesman Andrew Graff) and the ACLU testified before the County Board warning of training/overtime/operational costs, civil-rights litigation exposure, and chilling effects on crime reporting. Commissioner Randy Dean clarified the board never formally approved the agreements — the elected sheriff signed them — and the board took no action.

Legislative Opposition

• State lawmakers sought a legislative hearing into the plans (August 2025)
• A state lawmaker was twice denied entry to inspect the facility (December 2025), calling it a violation of state law

Civil Rights Organizations

• ACLU of Nebraska: Filed multiple federal lawsuits on behalf of detainees (Feb 2026); challenged attorney access conditions
• Nebraska Appleseed: Issued public statement opposing the facility

ACLU Federal Litigation (2026)

Rather than challenging the facility’s existence, ACLU lawsuits target individual detention conditions:

• Due process violations (indefinite detention after removal orders)
• Bond hearing denials
• Attorney-client access restrictions

Why Opposition Failed

1. State-level decision: The facility is state-owned and state-operated; county government had no approval authority
2. Governor’s executive power: Pillen positioned this as a national security partnership
3. Financial incentive: $14.25M net annual revenue to the state
4. Political environment: Strong pro-enforcement sentiment in rural southwest Nebraska

Why It Matters

This demonstrates the limits of local opposition when a state government directly partners with federal immigration enforcement. Unlike county jail IGSAs (where county boards can block contracts, as in Douglas County), the McCook conversion bypassed local democratic accountability.

Sources

• Nebraska Examiner: lawmakers seek hearing
• Nebraska Appleseed: response
• Nebraska Examiner: lawmaker denied entry
• Nebraska Examiner: ACLU lawsuits
• WOWT: McCook lawsuit dismissed (March 27, 2026)
• 1011now: Nebraska Appleseed appeals (April 23, 2026)
• McCook Gazette: Nebraska Voices objects to ICE deal (May 12, 2026)