Communities Fight ICE Detention Centers, But Have Few Tools to Stop Them

Local governments seek to block massive new immigration facilities, but federal authority often prevails

Published on Feb. 18, 2026

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Across the country, communities are facing plans by U.S. Immigration and Customs Enforcement (ICE) to convert vacant warehouses and other industrial buildings into new immigration detention facilities. Local leaders are voicing concerns over the humanitarian and economic impacts of these facilities, but with limited legal authority, they are largely powerless to stop the federal government's plans.

Why it matters

The expansion of ICE detention facilities is a contentious issue that pits local control over land use and development against the federal government's immigration enforcement priorities. While communities want a say in what happens in their neighborhoods, the U.S. Constitution's supremacy clause gives the federal government significant authority to override local laws and regulations.

The details

ICE is undertaking a massive expansion of its detention capacity, fueled by a record $45 billion in funding approved by Congress. The agency has plans to acquire and renovate 16 processing sites that can hold up to 1,500 people each, and 8 detention centers that can hold up to 10,000 each, for a total capacity of 92,600 beds. This has led to fierce opposition from local governments over humanitarian and economic concerns, as the facilities could take industrial space off tax rolls and strain city services. However, cities have limited legal recourse, with the federal government often asserting immunity from local zoning and land use regulations.

  • In January 2026, the Kansas City Council approved a five-year ban on non-municipal detention facilities in response to ICE's plans.
  • In late January 2026, a Canadian firm said it would not proceed with the planned sale of a Virginia warehouse to ICE after facing calls for a boycott from Canadian politicians and businesses.
  • In February 2026, U.S. Sen. Roger Wicker announced the federal government would 'look elsewhere' for a detention and processing center in Mississippi after speaking with the Department of Homeland Security Secretary.

The players

David Holt

The mayor of Oklahoma City and president of the U.S. Conference of Mayors, a nonpartisan organization representing the leaders of cities with populations of 30,000 or more.

Andrea Bough

A Kansas City Council member and private development attorney who said the city's move to ban non-municipal detention facilities was both political and legal, as the city wanted to send a clear signal opposing ICE facilities while also asserting its local authority over planning and zoning.

Nestor Davidson

A professor who teaches land use and local government law at Harvard University's Graduate School of Design, who said some case law has shown cities may have stronger legal footing for zoning rules that are broad and not directly targeted at specific federal government projects.

Mayanne Downs

The city attorney for Orlando, Florida, who rejected 'suggestions of actions we can supposedly take,' including moratoriums or using zoning ordinances to block ICE detention centers, stating that 'the law is very clear: ICE, as an agency of our federal government, ICE is immune from any local regulation that interferes in any way with its federal mandate.'

Nicole Wilson

An Orange County, Florida commissioner who said the county board is constrained by a recent Florida law limiting certain local governments' ability to regulate development through 2027, and that the case law regarding federal projects largely centers on disputes about post offices, which is not an appropriate comparison to the massive detention centers currently contemplated.

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What they’re saying

“We all have a clear, unified position that really crosses party lines, and then we also have a clear understanding of how limited our options are.”

— David Holt, Mayor of Oklahoma City and president of the U.S. Conference of Mayors (Stateline)

“Some would say local building codes and zoning regulations do not apply to the federal government. That's something I think we would probably in this situation be willing to fight until we had clear guidance on that.”

— Andrea Bough, Kansas City Council member and private development attorney (Stateline)

“However well motivated these suggestions are, the law is very clear: ICE, as an agency of our federal government, ICE is immune from any local regulation that interferes in any way with its federal mandate.”

— Mayanne Downs, City Attorney, Orlando, Florida (Stateline)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.