ICE could face legal battle over state water rules in plan to build NJ detention center

"One of ICE's most serious challenges could come not from community opposition to mass detention, but from a state law meant to protect critical water supplies. One of the administrative hurdles ICE will have to clear is the 20-year-old New Jersey Highlands Water Protection and Planning Act, which places extra regulatory scrutiny on development in Roxbury and 87 other municipalities across North Jersey."

"The law is meant to protect streams, rivers and reservoirs that provide drinking water for 70% of Garden State residents, including some of the state's largest cities. Opposition to the Department of Homeland Security's plan has already made for strange bedfellows. The all-Republican Township Council finds itself on the same side as progressive protesters in opposing the facility."

"Highlands Council Executive Director Ben Spinelli said the original warehouse never should have been approved in the first place because it meant damaging sensitive ecosystems. It was first constructed in 2019 but has been vacant for roughly two years. DHS purchased the property last week for a whopping $12 million."

Community protests in North Jersey oppose converting a local warehouse into an ICE detention center. A significant regulatory obstacle exists through the 20-year-old New Jersey Highlands Water Protection and Planning Act, which mandates extra scrutiny for development in 88 municipalities to protect water supplies serving 70% of state residents. The Roxbury Township Council and mayor cite inadequate water and sewer infrastructure as disqualifying factors. The Highlands Council Executive Director notes the original warehouse construction in 2019 damaged sensitive ecosystems and should never have been approved. Republicans and local leaders have historically opposed the Highlands Act as anti-development, though it now provides potential legal grounds to challenge the DHS facility plan.

Read at Gothamist