Advocates Sue DHS Over Colorado ICE Facility’s Alleged NEPA Violations

GreenLatinos and Colorado Immigrant Rights Coalition sued DHS for skipping NEPA review on Colorado ICE facility.

The Department of Homeland Security (DHS) plans to build a new immigration detention center in Hudson, Colorado, with capacity exceeding 1,200 detainees. In May 2026, GreenLatinos and the Colorado Immigrant Rights Coalition filed a lawsuit against DHS alleging it violated the National Environmental Policy Act (NEPA) by failing to conduct an environmental impact assessment.

The complaint asserts DHS did not evaluate critical environmental factors, such as infectious disease risks, air pollution, and water consumption linked to the facility. A representative of GreenLatinos said, "ICE completely failed to conduct any analysis under National Environmental Policy Act for Big Horn. This seems to be a pattern of illegal activity by ICE." (Courthouse News)

Representative Elizabeth Velasco, whose district includes parts of Colorado's detention center areas, said, "This lawsuit is intimidating and scary, but the public has a right to know what happens in our state," emphasizing transparency and accountability.

The environmental lawsuit is part of a series of legal challenges involving immigration detention facilities in Colorado. On June 8, 2026, the private prison operator GEO Group filed suit against Colorado, opposing a new state law requiring regular health and safety inspections of immigrant detention centers. GEO Group argues the state law is preempted by federal authority and violates constitutional provisions. (CPR News)

Further, on August 19, 2026, Colorado Attorney General Phil Weiser sued GEO Group for failing to comply with a state public health order following a tuberculosis case at the Aurora ICE Processing Center. Weiser commented, "The GEO Group is endangering Coloradans’ public health by refusing to follow the state health department’s order and by violating Colorado law." (CPR News)

These cases signal rising regulatory and litigation risks surrounding immigration detention facilities. Legal and compliance professionals advising corporations, government clients, or managing litigation risks should track such environmental and public health law challenges, especially given ongoing federal-state conflicts over immigration enforcement.

Yes, but: While the environmental lawsuit highlights potential NEPA breaches, DHS and GEO Group may argue federal authority supersedes state interference, complicating legal outcomes.

What's next: Expect ongoing litigation through 2027, with potential rulings impacting regulatory compliance approaches for immigration detention centers.