Case: State of Maryland v. Noem

1:26-cv-00733 | U.S. District Court for the District of Maryland

Filed Date: Feb. 23, 2026

Case Ongoing

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Case Summary

The State of Maryland brought this action seeking declaratory and injunctive relief under the Administrative Procedure Act (APA), 5 U.S.C. § 701 et seq., and the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., to halt the government's unlawful decision to establish a massive immigration detention facility in Washington County, Maryland. On January 16, 2026, Defendants U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) purchased a vacant commercial warehouse just outside of Williamsport, Maryland —a town with a population of just over 2,000 individuals—with the intention of converting it into an immigration detention facility outfitted with 1,500 beds. The plaintiff alleged that converting the Williamsport Warehouse into a massive immigration detention facility will have predictable impacts on the environmental, economic, and public health and safety interests of the State of Maryland. Among other things, the construction of the detention center is likely to harm the state’s natural resources and environment—including a waterway that is a tributary to the Potomac River and important habitat to State protected species. Further, public reporting of conditions in detention facilities around the country reveals concerning evidence of a measles outbreak, sewage problems, and generally unsanitary conditions—alarming data that would implicate State public health authorities as well.

Accordingly, the state of Maryland brought this suit in the District of Maryland seeking a declaration that the construction of the immigration facility is unlawful and a court order enjoining the government from purchasing the warehouse for the purpose of converting it into an immigration detention facility.

On March 10, 2026, the plaintiff state filed a motion for an ex parte temporary restraining order, which asked the court to restrain and enjoin the defendants from proceeding with construction activities to convert the Williamsport Warehouse into an immigration detention facility during the length of the order. The plaintiff also asked the court to require the defendants to file a status report describing the steps of their compliance with the order.

The next day, on March 11, the court granted the temporary restraining order. The court first found that the plaintiff was likely to succeed on the merits because the defendants were likely required under NEPA to issue an environmental impact statement or conduct an environmental assessment because their plans constituted a major federal action and a final agency action. Next, the court found that the State was likely to suffer irreparable harm in the absence of a TRO because it showed significant evidence that the construction necessary to convert the warehouse into an ICE facility posed a serious risk to the nearby watersheds and ecosystem, which would affect several state-listed endangered species. The court finally found that the balance of the equities and public interest supported the issuance of a TRO because the irreparable harm the plaintiff faced and the risk of harm to human health and the environment outweighed the slight inconvenience of a delay in construction. Consequently, the court granted the TRO, which restrained the defendants from proceeding with converting the Warehouse for a period of fourteen days. The court additionally ordered the defendants to file a status report within forty-eight hours of the order describing their compliance. 2026 WL 691507

This case is ongoing.

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Summary Authors

Jinan Abufarha (3/1/2026)

Sofia Yoder (3/28/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72313096/parties/state-of-maryland-v-mullin/

Attorney for Plaintiff

Brewer, Robert Newman (Maryland)

Dagne, Yasmin (Maryland)

Attorney for Defendant

Carpenter, Hayley A. (Maryland)

Expert/Monitor/Master/Other

Appelbaum, Adina Bassin (Maryland)

Cooley, Sean G (Maryland)

Attorney for Plaintiff

Brewer, Robert Newman (Maryland)

Dagne, Yasmin (Maryland)

Drezner, Michael (Maryland)

Goldstein, Steven J. (Maryland)

Kirschner, Adam (Maryland)

Attorney for Defendant

Carpenter, Hayley A. (Maryland)

Duffy, Sean C. (Maryland)

Gustafson, Adam RF (Maryland)

Other

Appelbaum, Adina Bassin (Maryland)

Cooley, Sean G (Maryland)

Hartman, Stephanie L. (Maryland)

Jeon, Deborah A (Maryland)

Jobe, Laurel M. (Maryland)

Kumar, Sonia (Maryland)

Rintelmann, Rachel A. (Maryland)

Tumeh, Deena (Maryland)

Waltz, Daniel H (Maryland)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:26-cv-00733	Complaint for Declaratory and Injunctive Relief	Feb. 23, 2026	Feb. 23, 2026 Complaint
8 1:26-cv-00733	Order	March 11, 2026	March 11, 2026 Order/Opinion
43 1:26-cv-00733	[Untitled]	April 17, 2026	April 17, 2026

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72313096/state-of-maryland-v-mullin/

Last updated April 21, 2026, 9:46 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against TODD M. LYONS, KRISTI NOEM, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 405 receipt number AMDDC-12564348.), filed by STATE OF MARYLAND. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Summons Summons - Noem, # 9 Summons Summons - DHS, # 10 Summons Summons - ICE, # 11 Summons Summons - Lyons, # 12 Summons Summons - US AG, # 13 Summons Summons - US Attorney)(Brewer, Robert) (Entered: 02/23/2026) 1 Civil Cover Sheet View on PACER 2 Exhibit Exhibit A View on RECAP 3 Exhibit Exhibit B View on RECAP 4 Exhibit Exhibit C View on RECAP 5 Exhibit Exhibit D View on RECAP 6 Exhibit Exhibit E View on RECAP 7 Exhibit Exhibit F View on RECAP 8 Summons Summons - Noem View on PACER 9 Summons Summons - DHS View on PACER 10 Summons Summons - ICE View on PACER 11 Summons Summons - Lyons View on PACER 12 Summons Summons - US AG View on PACER 13 Summons Summons - US Attorney View on PACER	Feb. 23, 2026	Feb. 23, 2026 Clearinghouse
2	Summons Issued 60 days as to Todd M. Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (ols, Deputy Clerk) (Entered: 02/23/2026)	Feb. 23, 2026	Feb. 23, 2026
3	NOTICE of Appearance by Steven J. Goldstein on behalf of State of Maryland (Goldstein, Steven) (Entered: 03/03/2026)	March 3, 2026	March 3, 2026
4	NOTICE of Appearance by Adam Kirschner on behalf of State of Maryland (Kirschner, Adam) (Entered: 03/10/2026)	March 10, 2026	March 10, 2026
5	MOTION for Temporary Restraining Order by State of Maryland (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certification of Notice, # 4 Index of Exhibits, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(Goldstein, Steven) (Entered: 03/10/2026) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on PACER 3 Certification of Notice View on PACER 4 Index of Exhibits View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER	March 10, 2026	March 10, 2026
6	NOTICE of Appearance by Michael Drezner on behalf of State of Maryland (Drezner, Michael) (Entered: 03/11/2026)	March 11, 2026	March 11, 2026
7	NOTICE of Appearance by Sean C. Duffy on behalf of All Defendants (Duffy, Sean) (Entered: 03/11/2026)	March 11, 2026	March 11, 2026
8	ORDER granting 5 Motion for Temporary Restraining Order. Signed by Judge Brendan Abell Hurson on 3/11/2026. (kns, Deputy Clerk) (Entered: 03/11/2026)	March 11, 2026	March 11, 2026 Clearinghouse
9	STATUS REPORT by Todd M. Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement(Duffy, Sean) (Entered: 03/13/2026)	March 13, 2026	March 13, 2026 RECAP
10	NOTICE of Appearance by Adam RF Gustafson on behalf of All Defendants (Gustafson, Adam) (Entered: 03/13/2026)	March 13, 2026	March 13, 2026
11	Joint MOTION for Other Relief Motion to Enter Briefing Schedule by State of Maryland(Brewer, Robert) (Entered: 03/17/2026)	March 17, 2026	March 17, 2026 RECAP
	Check Received on 3/17/2026 from State of Maryland Office of Attorney General. Check Number: 012878. Amount: $100.00.(tms, Deputy Clerk)	March 17, 2026	March 17, 2026
12	QC NOTICE: 11 Motion for Other Relief filed by State of Maryland was filed incorrectly. **The following attachments or exhibits are missing - Proposed Order. To correct this problem, file Proposed Order using the event Notice (Other) and link Proposed Order to 11 . (ols, Deputy Clerk) (Entered: 03/18/2026)	March 18, 2026	March 18, 2026
13	NOTICE by State of Maryland re 11 Joint MOTION for Other Relief Motion to Enter Briefing Schedule Notice of Proposed Orders (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order, # 2 Text of Proposed Order Defendants' Proposed Order)(Brewer, Robert) (Entered: 03/18/2026)	March 18, 2026	March 18, 2026
14	ORDER granting in part 11 the Parties' Joint Motion to enter a briefing schedule; directing the parties to confer and contact chambers with a preferred date for the hearing on the preliminary injunction. Signed by Judge Brendan Abell Hurson on 3/19/2026. (ols, Deputy Clerk) (Entered: 03/19/2026)	March 19, 2026	March 19, 2026 RECAP
15	MOTION for Preliminary Injunction by State of Maryland (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Index, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(Goldstein, Steven) (Entered: 03/19/2026) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on RECAP 3 Exhibit Index View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP 6 Exhibit View on RECAP 7 Exhibit View on RECAP 8 Exhibit View on RECAP 9 Exhibit View on RECAP 10 Exhibit View on RECAP 11 Exhibit View on RECAP 12 Exhibit View on RECAP 13 Exhibit View on RECAP 14 Exhibit View on RECAP 15 Exhibit View on RECAP 16 Exhibit View on RECAP 17 Exhibit View on RECAP 18 Exhibit View on RECAP	March 19, 2026	March 19, 2026 RECAP
16	MOTION for Leave to File Amicus Brief by Center for Biological Diversity, Potomac Riverkeeper Network, Washington County Indivisible (Attachments: # 1 Attachment Amicus Brief, # 2 Index of Exhibits to Amicus Brief, # 3 Exhibit A - MD EnviroScreen, # 4 Exhibit B - MD EnviroScreen, # 5 Exhibit C - MD EnviroScreen, # 6 Exhibit D - MD EnviroScreen, # 7 Exhibit E - MD EnviroScreen, # 8 Exhibit F - Declaration of Kate Sugarman, MD, # 9 Exhibit G - Toxics Release Inventory Factsheet, # 10 Exhibit H - Strayer (2017), #(FILED IN ERROR) (11) Disclosure of Corporate Interest)(Waltz, Daniel) Modified on 3/27/2026 (hmls). (Entered: 03/26/2026) 1 Attachment Amicus Brief View on RECAP 2 Index of Exhibits to Amicus Brief View on RECAP 3 Exhibit A - MD EnviroScreen View on RECAP 4 Exhibit B - MD EnviroScreen View on RECAP 5 Exhibit C - MD EnviroScreen View on RECAP 6 Exhibit D - MD EnviroScreen View on RECAP 7 Exhibit E - MD EnviroScreen View on RECAP 8 Exhibit F - Declaration of Kate Sugarman, MD View on RECAP 9 Exhibit G - Toxics Release Inventory Factsheet View on RECAP 10 Exhibit H - Strayer (2017) View on RECAP	March 26, 2026	March 26, 2026 RECAP
17	MOTION to Appear Pro Hac Vice for Deena Tumeh (Filing fee $100, receipt number AMDDC-12642833.) by Center for Biological Diversity, Potomac Riverkeeper Network, Washington County Indivisible(Waltz, Daniel) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
18	MOTION to Appear Pro Hac Vice for Rachel A Rintelmann (Filing fee $100, receipt number AMDDC-12643093.) by Center for Biological Diversity, Potomac Riverkeeper Network, Washington County Indivisible(Waltz, Daniel) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
19	MOTION to Appear Pro Hac Vice for Laurel Jobe (Filing fee $100, receipt number AMDDC-12643158.) by Center for Biological Diversity, Potomac Riverkeeper Network, Washington County Indivisible(Waltz, Daniel) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
20	MOTION for Leave to File Brief of Amici Curiae in Support of Plaintiff's Motion for Preliminary Injunction by Hagerstown City Council Member Caroline Anderson, Hagerstown City Council Member Erika Bell, Hagerstown City Council Member Tiara Burnett, Maryland State Delegate Matthew J. Schindler, Hagerstown Rapid Response, Washington County Branch of the NAACP, Hagerstown Area Religious Council, ACLU of Maryland, Amica Center for Immigrant Rights (Attachments: # 1 Exhibit A to Motion - Amicus Brief, # 2 Appendix The Brief Appendix, # 3 Exhibit A to the Amicus Brief, # 4 Exhibit B to the Amicus Brief, # 5 Text of Proposed Order to the Motion)(Cooley, Sean) (Entered: 03/26/2026) 1 Exhibit A to Motion - Amicus Brief View on RECAP 2 Appendix The Brief Appendix View on RECAP 3 Exhibit A to the Amicus Brief View on RECAP 4 Exhibit B to the Amicus Brief View on RECAP 5 Text of Proposed Order to the Motion View on PACER	March 26, 2026	March 26, 2026 RECAP
21	MOTION to Appear Pro Hac Vice for Stephanie L. Hartman (Filing fee $100, receipt number AMDDC-12643619.) by Amica Center for Immigrant Rights(Cooley, Sean) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
22	PAPERLESS ORDER: A hearing is set on 15 MOTION for Preliminary Injunction filed by State of Maryland for WEDNESDAY, APRIL 15, 2026, at 10:00 A.M. IN COURTROOM 3D. Signed by Judge Brendan Abell Hurson on 3/27/2026. (nd4s, Chambers) (Entered: 03/27/2026)	March 27, 2026	March 27, 2026
23	PAPERLESS ORDER granting 17 Motion to Appear Pro Hac Vice on behalf of Deena Tumeh. Directing attorney Deena Tumeh to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/27/2026. (sj4s, Deputy Clerk) (Entered: 03/27/2026)	March 27, 2026	March 27, 2026
24	PAPERLESS ORDER granting 18 Motion to Appear Pro Hac Vice on behalf of Rachel A. Rintelmann. Directing attorney Rachel A. Rintelmann to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/27/2026. (sj4s, Deputy Clerk) (Entered: 03/27/2026)	March 27, 2026	March 27, 2026
25	PAPERLESS ORDER granting 19 Motion to Appear Pro Hac Vice on behalf of Laurel M. Jobe. Directing attorney Laurel M. Jobe to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/27/2026. (sj4s, Deputy Clerk) (Entered: 03/27/2026)	March 27, 2026	March 27, 2026
26	PAPERLESS ORDER granting 21 Motion to Appear Pro Hac Vice on behalf of Stephanie L. Hartman. Directing attorney Stephanie L. Hartman to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/27/2026. (sj4s, Deputy Clerk) (Entered: 03/27/2026)	March 27, 2026	March 27, 2026
27	QC NOTICE: [16-11] Disclosure of Corporate Interest filed by Washington County Indivisible, Center for Biological Diversity, Potomac Riverkeeper Network was filed incorrectly as an attachment. **Please refile document under the "Other Documents" category and select the "Local Rule 103.3 Disclosure Statement" event. It has been marked FILED IN ERROR, and the document link has been disabled. (hmls, Deputy Clerk) (Entered: 03/27/2026)	March 27, 2026	March 27, 2026
28	Local Rule 103.3 Disclosure Statement by Center for Biological Diversity, Potomac Riverkeeper Network, Washington County Indivisible identifying Other Affiliate Indivisible Project for Washington County Indivisible.(Waltz, Daniel) (Entered: 03/27/2026)	March 27, 2026	March 27, 2026
29	NOTICE of Appearance by Adina Bassin Appelbaum on behalf of ACLU of Maryland, Amica Center for Immigrant Rights, Hagerstown Area Religious Council, Hagerstown City Council Member Caroline Anderson, Hagerstown City Council Member Erika Bell, Hagerstown City Council Member Tiara Burnett, Hagerstown Rapid Response, Maryland State Delegate Matthew J. Schindler, Washington County Branch of the NAACP (Appelbaum, Adina) (Entered: 03/27/2026)	March 27, 2026	March 27, 2026
30	NOTICE of Appearance by Deborah A Jeon on behalf of ACLU of Maryland, Amica Center for Immigrant Rights, Hagerstown Area Religious Council, Hagerstown City Council Member Caroline Anderson, Hagerstown City Council Member Erika Bell, Hagerstown City Council Member Tiara Burnett, Hagerstown Rapid Response, Maryland State Delegate Matthew J. Schindler, Washington County Branch of the NAACP (Jeon, Deborah) (Additional attachment(s) added on 3/30/2026: # 1 Flattened Notice of Appearance) (ols). (Entered: 03/27/2026)	March 27, 2026	March 27, 2026
31	QC NOTICE: 30 Notice of Appearance, filed by Washington County Branch of the NAACP, Hagerstown Rapid Response, Hagerstown City Council Member Caroline Anderson, Hagerstown City Council Member Tiara Burnett, Hagerstown City Council Member Erika Bell, Amica Center for Immigrant Rights, Hagerstown Area Religious Council, ACLU of Maryland, Maryland State Delegate Matthew J. Schindler was filed incorrectly. Not all pdf documents were flattened prior to filing. All pdfs uploaded to CM/ECF MUST BE FLATTENED for all future filings. Failure to comply may result in rejected filings and delays in case processing. This filing has been corrected by court staff and no further corrective action is required. Please ensure all future documents are flattened prior to uploading to CM/ECF using the following steps: Select File --> Print --> Adobe PDF or Microsoft Print to PDF. (ols, Deputy Clerk) (Entered: 03/30/2026)	March 30, 2026	March 30, 2026
32	NOTICE of Appearance by Hayley A. Carpenter on behalf of Todd M. Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Carpenter, Hayley) (Entered: 03/31/2026)	March 31, 2026	March 31, 2026
33	NOTICE of Appearance by Sonia Kumar on behalf of ACLU of Maryland, Amica Center for Immigrant Rights, Hagerstown Area Religious Council, Hagerstown City Council Member Caroline Anderson, Hagerstown City Council Member Erika Bell, Hagerstown City Council Member Tiara Burnett, Hagerstown Rapid Response, Maryland State Delegate Matthew J. Schindler, Washington County Branch of the NAACP (Kumar, Sonia) (Entered: 04/01/2026)	April 1, 2026	April 1, 2026
34	RESPONSE in Opposition re 15 MOTION for Preliminary Injunction filed by Todd M. Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Record of Environmental Consideration, # 2 Exhibit DeGregorio Declaration, # 3 Exhibit Byers Declaration)(Carpenter, Hayley) (Entered: 04/02/2026) 1 Exhibit Record of Environmental Consideration View on RECAP 2 Exhibit DeGregorio Declaration View on RECAP 3 Exhibit Byers Declaration View on RECAP	April 2, 2026	April 2, 2026 RECAP
35	QC NOTICE: 34 Response in Opposition to Motion, filed by Markwayne Mullin, United States Immigration and Customs Enforcement, Todd M. Lyons, United States Department of Homeland Security was filed incorrectly. **The following attachments or exhibits are missing - Proposed Order. To correct this problem, file Proposed Order using the event Notice (Other) and link Proposed Order to 34 . (ols, Deputy Clerk) (Entered: 04/03/2026)	April 3, 2026	April 3, 2026
36	NOTICE by Todd M. Lyons, Markwayne Mullin, United States Department of Homeland Security, United States Immigration and Customs Enforcement re 34 Response in Opposition to Motion, (PROPOSED ORDER) (Carpenter, Hayley) (Entered: 04/03/2026)	April 3, 2026	April 3, 2026 RECAP
37	REPLY to Response to Motion re 15 MOTION for Preliminary Injunction filed by State of Maryland. (Attachments: # 1 Exhibit)(Goldstein, Steven) (Entered: 04/09/2026) 1 Exhibit View on PACER	April 9, 2026	April 9, 2026 RECAP
38	NOTICE by State of Maryland (Attachments: # 1 Attachment Administrative Order)(Goldstein, Steven) (Entered: 04/13/2026) 1 Attachment Administrative Order View on RECAP	April 13, 2026	April 13, 2026 RECAP
39	PAPERLESS ORDER confirming that tomorrow's hearing will take place in Courtroom 1A (not Courtroom 3D). The Court expects the hearing to conclude by noon. Counsel are directed to prepare accordingly. Signed by Judge Brendan Abell Hurson on 4/14/2026. (nd4s, Chambers) (Entered: 04/14/2026)	April 14, 2026	April 14, 2026
40	NOTICE of Appearance by Yasmin Dagne on behalf of State of Maryland (Dagne, Yasmin) (Entered: 04/14/2026)	April 14, 2026	April 14, 2026
41	Motion Hearing held on 4/15/2026 re 15 MOTION for Preliminary Injunction filed by State of Maryland before Judge Brendan Abell Hurson.(Court Reporter: Amanda Longmore) (jks, Deputy Clerk) (Entered: 04/15/2026)	April 15, 2026	April 15, 2026
43	MEMORANDUM OPINION. Signed by Judge Brendan Abell Hurson on 4/17/2026. (nd4s, Chambers) (Entered: 04/17/2026)	April 17, 2026	April 17, 2026 Clearinghouse