The lawsuit stems from U.S. Immigration and Customs Enforcement (ICE) solicitations issued on Feb. 14, 2025, seeking contract proposals to “identify possible detention facilities” in areas covered by the Denver, Colorado Enforcement Removal Operations (ERO) Field Office. The ACLU submitted a Freedom of Information Act (FOIA) request in March 2025 – weeks after ICE’s deadline for contract proposals – which went unanswered, prompting the ACLU to take legal action.
ICE has taken aggressive steps to expand immigration detention at an unprecedented rate in service of President Trump’s campaign promise to tear apart families and deport immigrants who contribute to our communities and our economy. Congress passed a reconciliation bill that has allocated $45 billion to ICE to expand its immigration detention infrastructure nationwide. Already, we are seeing the consequences of the administration’s immigration policies – and the public has the right to know how their taxpayer dollars are being misused in service of this dystopian agenda.
The lawsuit, filed in the U.S. District Court for the Southern District of New York, demands that ICE comply with the Freedom of Information Act and immediately turn over the requested records to the ACLU. The litigation follows a series of lawsuits filed by the ACLU and its affiliates seeking details about ICE’s plans to expand detention capacity nationwide to support the Trump administration’s goal of deporting 11 million immigrants from the U.S. Already, the ACLU’s FOIA litigation has revealed critical details about ICE’s plans, including details on which current and new facilities are being considered across the Midwest, South, and West Coast.
The ACLU and ACLU of Colorado obtained documents in July that identify facilities under consideration as potential ICE detention sites in response to a Request for Information issued by ICE for facilities in the Denver area. The 115 pages disclosed by ICE identify six potential locations for ICE detention facilities in Colorado and also provide information regarding the history of facility use; available transport; and proximity to local hospitals, immigration courts, and legal services. Notably, many of these facilities have not been operational for several years.
In the wake of the 2024 presidential election, private prison companies like GEO Group, Inc. and CoreCivic have seen profits soar – and they are projected to rake in billions more in taxpayer funds. The chairman of GEO Group previously boasted that the Trump administration’s mass detention and deportation agenda presented an “unprecedented opportunity.” Congressional champions and immigrants’ rights advocates alike have repeatedly raised concerns about potential expansion of the immigration detention system, urging the Department of Homeland Security and ICE to reject contracts with for-profit prison corporations for detention.
PRESS RELEASE:
"ACLU FOIA Litigation Reveals New Information About Plans To Expand ICE Detention In Colorado," July 9, 2025
"ACLU, ACLU of Colorado Sue ICE for Records Regarding Potential Expansion of Immigration Detention in Western States," April 21, 2025
