County Fight Litigation

Romulus MI — State AG and City Sue to Block ICE Warehouse Near Schools

Wayne, MI FIPS 26163

Vote: N/A — federal purchase, no local vote

Current status: Litigation active; DHS paused all warehouse purchases Apr 1 under Mullin review of Noem-era contracts. No court ruling yet.

The Fight

ICE purchased a warehouse at 7525 Cogswell Street in Romulus, Michigan (see romulus-mi-warehouse) in February 2026 without notifying the state, city, or public. Michigan AG Dana Nessel and the City of Romulus filed suit March 24, 2026 to block the conversion.

Why This Fight Matters

Romulus demonstrates the federal purchase model’s core vulnerability: it bypasses local democratic processes entirely, which generates more intense backlash than the IGSA model (which at least goes through a county commission vote). The 700-800 person protest at City Hall and the AG lawsuit represent a level of opposition that the IGSA model is specifically designed to avoid.

Legal Arguments

The lawsuit alleges:

Located within a mile of an elementary school and middle school
Abuts residential neighborhoods
Lies within a floodplain that flooded as recently as 2025
Lacks adequate infrastructure (bathrooms, sewer) for 500 detainees + staff

Timeline

February 2026: ICE purchases warehouse for $34.7 million without notice
February 17, 2026: ICE confirms purchase
February 27, 2026: AG Nessel demands ICE halt the plan
Late February 2026: 700-800 protesters at City Hall
March 12, 2026: Axios reports Governor Whitmer notably silent while AG Nessel leads opposition
March 17, 2026: Coalition to Shut the Camps holds weekly Saturday demonstrations, says movement “gaining steam”
March 23, 2026: Romulus City Council unanimously votes to join AG Nessel’s lawsuit
March 24, 2026: City and State file lawsuit in federal court
March 30, 2026: Case heads to federal court (Axios)
April 1, 2026: DHS pauses all warehouse purchases under new Secretary Markwayne Mullin, reviewing all Noem-era contracts. Romulus is one of 11 warehouses nationally ($1.074B combined) under review.
April 2, 2026: DHS confirms it is specifically reviewing the Romulus purchase
April 15, 2026: Maryland’s parallel NEPA case wins a preliminary injunction (Judge Brendan A. Hurson, D. Md.). The Hurson ruling becomes the precedent the Romulus court will be asked to apply: Hurson found that DHS likely failed to comply with NEPA and did not take “a ‘hard look’ at the potential environmental consequences” of converting a warehouse to a 542-detainee facility. See Maryland (Williamsport) fight.
April 22-23, 2026: DHS files ~500 pages of documents supplementing its response to Nessel and Romulus’s preliminary-injunction motion. DHS argues ICE needs the dedicated Metro Detroit detention center because the two closest facilities — IGSAs with St. Clair and Monroe counties — collectively provide only ~150 beds (per Detroit News reporting on the court filings).
April 24, 2026: Arizona AG Mayes files parallel NEPA lawsuit against Mullin/DHS over the Surprise warehouse — fourth state in the cluster (after MD, NJ, MI, AZ). See Surprise AZ fight.

DHS Pause and Noem-Era Review

The Romulus fight achieved something few local opponents have: the facility is now caught up in a federal-level policy reversal. Secretary Mullin’s review of Noem-era contracts puts all 11 warehouses on hold. The original plan was a $38.3B initiative for 92,000 beds through 8 mega-centers and 16 regional processing centers. DHS stated: “as with any transition, we are reviewing agency policies and proposals.”

No court ruling has been issued on the Romulus lawsuit as of May 6, 2026. The case (2:26-cv-10968-JJCG-EAS) is pending a preliminary-injunction ruling in the Eastern District of Michigan. The Hurson ruling in Maryland (April 15, 2026) on essentially the same NEPA argument is the most relevant out-of-circuit precedent.

The Multi-State Pattern

Romulus is one of four state-AG NEPA challenges to DHS warehouse-conversion in 2026. As of May 6:

Maryland (Williamsport) — preliminary injunction granted April 15, 2026. First successful state-level challenge; established the precedent.
Michigan (Romulus) — case filed March 24, 2026. Pending ruling.
New Jersey (Roxbury) — preliminary-injunction hearing scheduled for May 12, 2026 (Roxbury fight).
Arizona (Surprise) — case filed April 24, 2026 (Maricopa County, distinct from the existing Pinal County 287(g) matter). See Surprise AZ fight.

The same NEPA argument runs through all four cases: DHS used a categorical-exclusion approach, did not conduct adequate environmental review before purchase, and the planned conversion’s operational density (542 in MD/NJ filings, hundreds-to-1,500 in AZ) overwhelms local water/sewage/infrastructure systems originally designed for warehouse use.

Coalition to Shut the Camps

A coalition of community/immigrant rights activists, faith leaders, and environmental justice advocates has maintained a regular presence outside the facility, holding demonstrations every Saturday afternoon since the announcement. They report the movement is “gaining steam” with broader coalition support.

Metro Detroiters also staged walkouts at schools and businesses on January 30, 2026 to protest ICE enforcement more broadly.

Political Dynamics

Governor Whitmer’s silence while AG Nessel fights has drawn coverage. This split mirrors a pattern seen in other states where governors avoid confrontation while AGs take the lead.

Legislative Response

The Michigan Senate is advancing bills (SB 508, SB 510) to limit ICE enforcement in protected locations and require body cameras. Passed committee on party lines March 25, 2026. Faces Republican opposition in the House.

Sources

This research is published at The RAMM — investigative reporting on the detention pipeline.

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