ICE ignored March 2025 FOIA request, prompting subsequent litigation
NEW YORK — The American Civil Liberties Union and ACLU of Colorado today filed a lawsuit against Immigration and Customs Enforcement (ICE) to obtain records regarding the agency’s potential plans to expand immigration detention across Colorado and Wyoming. The lawsuit stems from 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. The lawsuit also comes on the heels of reports earlier this month that the Trump administration has sought proposals for up to $45 billion to expand immigrant detention across the country.
“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,” said Eunice Cho, senior staff attorney at the ACLU’s National Prison Project. “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.
“We refuse to allow ICE and other federal agencies to hide their work from the public,” said Tim Macdonald, ACLU of Colorado Legal Director. “ICE cannot continue to withhold basic information about its operations and plans for expanded immigration detention from journalists, advocacy organizations, and our communities.”
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.