Case: State of Michigan v. United States Department of Homeland Security

2:26-cv-10968 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 24, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit is one of multiple that seek to prevent DHS and ICE from converting a warehouse into an immigration detention facility, alleging that the agencies failed to comply with federal detention-siting, environmental review, and intergovernmental consultation requirements. There are similar cases ongoing across the country, such as Maryland v. Noem. On March 24, 2026, the State of Michigan and the City of Romulus filed suit against the United States Department of Homeland Security (DHS), D…

This lawsuit is one of multiple that seek to prevent DHS and ICE from converting a warehouse into an immigration detention facility, alleging that the agencies failed to comply with federal detention-siting, environmental review, and intergovernmental consultation requirements. There are similar cases ongoing across the country, such as Maryland v. Noem.

On March 24, 2026, the State of Michigan and the City of Romulus filed suit against the United States Department of Homeland Security (DHS), DHS Secretary Markwayne Mullin, U.S. Immigration and Customs Enforcement (ICE), and Acting Director of ICE Todd M. Lyons in the U.S. District Court for the Eastern District of Michigan. Plaintiffs challenged DHS and ICE's February 2026 purchase of a commercial warehouse in Romulus, Michigan, which the agencies allegedly intended to convert into an 500-bed immigration detention center without providing notice to state or city officials. 

The complaint asserted seven claims under the Administrative Procedure Act (APA), alleging that the warehouse was inappropriate for detention purposes due to multiple deficiencies, including its proximity to schools and residential areas, its location in a frequently flooding floodplain, inadequate infrastructure with only six bathrooms and insufficient sewage capacity, and its position on a three-lane road incapable of handling the anticipated traffic. They further contended that DHS failed to consider existing prison facilities as required by federal law and neglected to conduct mandatory environmental reviews under the National Environmental Policy Act (NEPA) or consult with local officials as mandated by the Intergovernmental Cooperation Act (ICA).

Plaintiffs sought comprehensive relief, including declaratory judgment, vacatur, injunctive relief to prevent the facility's conversion and operation, retention of jurisdiction for compliance monitoring, and attorneys' fees and costs.

On June 18, 2026, Michigan Attorney General Dana Nessel announced that ICE and DHS intend to sell the warehouse, rather than convert it into a detention center. Nessel stated that the case will remain open until a written agreement is reached ensuring that the property will never be used as a detention center.

Summary Authors

Benjamin Glicksman (6/19/2026)

Claire Pollard (3/27/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72584041/parties/michigan-state-of-v-united-states-department-of-homeland-security/


Judge(s)

Grey, Jonathan J.C. (Michigan)

Attorney for Plaintiff

Giovanatti, Neil Anthony (Michigan)

Greco, David F. (Michigan)

Attorney for Defendant

Alderette, Jeffrey (Michigan)

Byerley, David J. (Michigan)

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Documents in the Clearinghouse

Document
1

2:26-cv-10968

Complaint for Declaratory and Injunctive Relief

State of Michigan v. United States Department of Homeland Security et al.

March 24, 2026

March 24, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72584041/michigan-state-of-v-united-states-department-of-homeland-security/

Last updated July 22, 2026, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by State of Michigan, City of Romulus against Markwayne Mullin, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, Todd M Lyons. Plaintiff requests summons issued. Receipt No: AMIEDC-10653506 - Fee: $ 405. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Aerial Photo, # 3 Exhibit 2 - ICE DRI, # 4 Exhibit 3 - Real Estate Summary, # 5 Exhibit 4 - Property Transfer Affidavit, # 6 Exhibit 5 - Conservation Easement Map, # 7 Exhibit 6 - Floodplain Notice) (Giovanatti, Neil) (Entered: 03/24/2026)

1 Index of Exhibits

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2 Exhibit 1 - Aerial Photo

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3 Exhibit 2 - ICE DRI

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4 Exhibit 3 - Real Estate Summary

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5 Exhibit 4 - Property Transfer Affidavit

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6 Exhibit 5 - Conservation Easement Map

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7 Exhibit 6 - Floodplain Notice

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March 24, 2026

March 24, 2026

Clearinghouse
2

SUMMONS Issued for * All Defendants * (TTho) (Entered: 03/24/2026)

March 24, 2026

March 24, 2026

3

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (TTho) (Entered: 03/24/2026)

March 24, 2026

March 24, 2026

4

NOTICE of Appearance by Benjamin Charles Houston on behalf of State of Michigan. (Houston, Benjamin) (Entered: 03/24/2026)

March 24, 2026

March 24, 2026

5

AFFIDAVIT of Wendy Todd re 2 Summons Issued, 1 Complaint,,, 3 Summons Issued for US Attorney/Attorney General by Romulus, City of, State of Michigan (Giovanatti, Neil) (Entered: 03/24/2026)

March 24, 2026

March 24, 2026

6

NOTICE of Appearance by David F. Greco on behalf of Romulus, City of. (Greco, David) (Entered: 03/24/2026)

March 24, 2026

March 24, 2026

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (TTho)

March 24, 2026

March 24, 2026

7

MOTION for Leave to File Excess Pages by All Plaintiffs. (Giovanatti, Neil) (Entered: 03/27/2026)

March 27, 2026

March 27, 2026

8

TEXT-ONLY ORDER: For the reasons set forth in the plaintiff's motion for leave to file excess pages (ECF No. 7 ) the Court GRANTS the plaintiff's request to file a motion for preliminary injunction not to exceed thirty (30) pages. Signed by District Judge Jonathan J.C. Grey. (SOso) (Entered: 03/30/2026)

March 30, 2026

March 30, 2026

Order on Motion for Leave to File Excess Pages

March 30, 2026

March 30, 2026

9

MOTION for Preliminary Injunction with Brief in Support by Romulus, City of, State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - McCraight Declaration, # 3 Exhibit 2 - Scappaticci Declaration, # 4 Exhibit 3 - Sanders Declaration, # 5 Exhibit 4 - LaBarre Declaration, # 6 Exhibit 5 - Lyon Letter dated 2/27/26, # 7 Exhibit 6 - Romulus Resolution 26-044, # 8 Exhibit 7 - Expedited FOIA from AG 3/4/26) (Giovanatti, Neil) (Entered: 03/31/2026)

1 Index of Exhibits

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2 Exhibit 1 - McCraight Declaration

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3 Exhibit 2 - Scappaticci Declaration

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4 Exhibit 3 - Sanders Declaration

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5 Exhibit 4 - LaBarre Declaration

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6 Exhibit 5 - Lyon Letter dated 2/27/26

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7 Exhibit 6 - Romulus Resolution 26-044

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8 Exhibit 7 - Expedited FOIA from AG 3/4/26

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March 31, 2026

March 31, 2026

RECAP
10

NOTICE of Appearance by David J. Byerley on behalf of All Defendants. (Byerley, David) (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

11

NOTICE OF IN PERSON HEARING on 9 MOTION for Preliminary Injunction with Brief in Support. Response due by 4/21/2026 Reply due by 4/28/2026 Motion Hearing set for 5/18/2026 10:30 AM before District Judge Jonathan J.C. Grey (SOso) (Entered: 04/06/2026)

April 6, 2026

April 6, 2026

RECAP
12

NOTICE of Appearance by Krystal-Rose Perez on behalf of All Defendants. (Perez, Krystal-Rose) (Entered: 04/21/2026)

April 21, 2026

April 21, 2026

13

RESPONSE to 9 MOTION for Preliminary Injunction with Brief in Support filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Record of Environmental Consideration, # 3 DHS Instruction Manual 023-01-001-01, Revision 01, Implementation of the National Environmental Policy Act (NEPA), # 4 Declaration of James K. Ingalsbe dated April 21, 2026, # 5 Declaration of Andrew J. DeGregorio dated April 21, 2026, # 6 Declaration of Shawn L. Byers dated April 20, 2026) (Byerley, David) (Entered: 04/21/2026)

1 Index of Exhibits

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2 Record of Environmental Consideration

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3 DHS Instruction Manual 023-01-001-01, Revision 01, Implementation of the Nation

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4 Declaration of James K. Ingalsbe dated April 21, 2026

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5 Declaration of Andrew J. DeGregorio dated April 21, 2026

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6 Declaration of Shawn L. Byers dated April 20, 2026

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April 21, 2026

April 21, 2026

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14

MOTION for Leave to File Corrected / Overlong Response to 9 MOTION for Preliminary Injunction by All Defendants. (Attachments: # 1 Exhibit Proposed Corrected 13 RESPONSE to 9 MOTION for Preliminary Injunction) (Byerley, David) (Entered: 04/22/2026)

1 Exhibit Proposed Corrected [13] RESPONSE to [9] MOTION for Preliminary Injunctio

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April 22, 2026

April 22, 2026

15

RESPONSE to 14 MOTION for Leave to File Corrected / Overlong Response to 9 MOTION for Preliminary Injunction and Brief in Opposition filed by Michigan, State of, Romulus, City of. (Giovanatti, Neil) (Entered: 04/22/2026)

April 22, 2026

April 22, 2026

RECAP
16

REPLY to Response re 14 MOTION for Leave to File Corrected / Overlong Response to 9 MOTION for Preliminary Injunction filed by All Defendants. (Byerley, David) (Entered: 04/22/2026)

April 22, 2026

April 22, 2026

RECAP
17

NOTICE of Appearance by Jeffrey Alderette on behalf of All Defendants. (Alderette, Jeffrey) (Entered: 04/23/2026)

April 23, 2026

April 23, 2026

18

ORDER Granting Defendants' Motion for Leave to File Corrected Brief Over Page Limits (ECF No. 14 ). Signed by District Judge Jonathan J.C. Grey. (SOso) (Entered: 04/23/2026)

April 23, 2026

April 23, 2026

19

RESPONSE to 9 MOTION for Preliminary Injunction with Brief in Support (Corrected; Leave to File Granted: April 23, 2026) filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Record of Environmental Consideration, # 3 Exhibit DHS Instruction Manual 023-01-001-01, Revision 01, Implementation of the National Environmental Policy Act (NEPA), # 4 Exhibit Declaration of James K. Ingalsbe dated April 21, 2026, # 5 Exhibit Declaration of Andrew J. DeGregorio dated April 21, 2026, # 6 Exhibit Declaration of Shawn L. Byers dated April 20, 2026) (Byerley, David) (Entered: 04/24/2026)

April 24, 2026

April 24, 2026

20

REPLY to Response re 9 MOTION for Preliminary Injunction with Brief in Support filed by Michigan, State of, Romulus, City of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Giovanatti, Neil) (Entered: 04/28/2026)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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April 28, 2026

April 28, 2026

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21

MOTION for Leave to File Amici Curiae Brief by American Civil Liberties Union of Michigan, American Civil Liberties Union, Michigan Immigrant Rights Center, MI Poder, Detroit Justice Center. (Attachments: # 1 Exhibit 1 - Proposed Amici Curiae Brief) (Appiagyei-Dankah, Ewurama) (Entered: 05/11/2026)

1 Exhibit 1 - Proposed Amici Curiae Brief

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May 11, 2026

May 11, 2026

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22

NOTICE TO APPEAR REMOTELY: Status Conference set for 5/15/2026 03:00 PM before District Judge Jonathan J.C. Grey |Remote Access Phone Number: 6692545252 and Meeting ID: 165 193 6644| (SOso) (Entered: 05/13/2026)

May 13, 2026

May 13, 2026

RECAP
23

CERTIFICATE of Service/Summons Returned Executed. 1 Complaint and Summons served on 3/30/2026 on U.S. Atty for Eastern District of Michigan - c/o Civil-Process Clerk; 4/2/2026 on Pamela Bondi and U.S. Immigration & Customs Enforcement; 4/21/2026 on Todd M. Lyons, Director of Immigration & Customs Enforcement. (Giovanatti, Neil) (Entered: 05/13/2026)

May 13, 2026

May 13, 2026

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24

CERTIFICATE of Service/Summons Returned Executed. 9 Motion for Preliminary Injunction served on 4/6/2026 on Pamela Bondi and U.S. Attorney for the Eastern District of Michigan - c/o Civil-Process Clerk; 4/9/2026 on U.S. Immigration & Customs Enforcement; and 5/1/2026 on U.S. Department of Homeland Security. (Giovanatti, Neil) (Entered: 05/13/2026)

May 13, 2026

May 13, 2026

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25

ORDER Granting Motion for Leave to File Amicus Curiae Brief (ECF No. 21 ). Signed by District Judge Jonathan J.C. Grey. (SOso) (Entered: 05/13/2026)

May 13, 2026

May 13, 2026

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26

Amicus Curiae BRIEF by American Civil Liberties Union, American Civil Liberties Union of Michigan, Detroit Justice Center, MI Poder, Michigan Immigrant Rights Center (Appiagyei-Dankah, Ewurama) (Entered: 05/14/2026)

May 14, 2026

May 14, 2026

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27

NOTICE TO APPEAR REMOTELY: Status Conference set for 5/20/2026 03:00 PM before District Judge Jonathan J.C. Grey |Remote Access Phone Number: 6692545252 and Meeting ID: 165 617 1990| (SOso) (Entered: 05/15/2026)

May 15, 2026

May 15, 2026

RECAP

Minute Entry for remote proceedings before District Judge Jonathan J.C. Grey: Status Conference held on 5/15/2026. (Court Reporter: Carol Harrison) (SOso)

May 15, 2026

May 15, 2026

Status Conference

May 15, 2026

May 15, 2026

TEXT-ONLY NOTICE: Motion Hearing on 5/18/2026 is Cancelled re 11 Notice of Hearing on Motion. (SOso)

May 15, 2026

May 15, 2026

Text-Only Notice of Hearing Cancelled

May 15, 2026

May 15, 2026

Minute Entry for remote proceedings before District Judge Jonathan J.C. Grey: Status Conference held on 5/20/2026. (Court Reporter: Leann Lizza) (SOso)

May 20, 2026

May 20, 2026

Status Conference

May 20, 2026

May 20, 2026

28

NOTICE TO APPEAR REMOTELY: Status Conference set for 5/27/2026 10:00 AM before District Judge Jonathan J.C. Grey |Remote Access Phone Number: 6692545252 and Meeting ID: 165 298 9161| (SOso) (Entered: 05/21/2026)

May 21, 2026

May 21, 2026

RECAP
29

[SEE REVISED TRANSCRIPT - ECF 30] TRANSCRIPT of Status Conference held on 05/20/2026. (Court Reporter/Transcriber: Leann S. Lizza) (Number of Pages: 20) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/12/2026. Redacted Transcript Deadline set for 6/22/2026. Release of Transcript Restriction set for 8/20/2026. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber (WWW.TRANSCRIPTORDERS.COM) before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Lizza, L.) Modified on 5/22/2026 (MChr). (Entered: 05/22/2026)

May 22, 2026

May 22, 2026

30

REVISED Version of 29 TRANSCRIPT of Status Conference held on 05/20/2026. Revision made: Spelling of attorney's name corrected throughout transcript (Court Reporter/Transcriber: Leann S. Lizza) Release of Transcript Restriction set for 8/20/2026. (Lizza, L.) (Entered: 05/22/2026)

May 22, 2026

May 22, 2026

31

NOTICE TO APPEAR REMOTELY: Status Conference set for 6/9/2026 11:00 AM before District Judge Jonathan J.C. Grey |Remote Access Phone Number: 6692545252 and Meeting ID: 165 336 7518| (SOso) (Entered: 05/27/2026)

May 27, 2026

May 27, 2026

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32

NOTICE OF IN PERSON HEARING on 9 MOTION for Preliminary Injunction with Brief in Support. Motion Hearing set for 7/1/2026 09:30 AM before District Judge Jonathan J.C. Grey (SOso) (Entered: 05/27/2026)

May 27, 2026

May 27, 2026

RECAP

Minute Entry for remote proceedings before District Judge Jonathan J.C. Grey: Status Conference held on 5/27/2026. (Court Reporter: Leann Lizza) (SOso)

May 27, 2026

May 27, 2026

Text-Only Order AND ~Util - Set Deadlines/Hearings

May 27, 2026

May 27, 2026

Status Conference

May 27, 2026

May 27, 2026

TEXT-ONLY ORDER: For the reasons stated on the record, the responsive pleading deadline has been extended to: (6/30/2026) Signed by District Judge Jonathan J.C. Grey. (SOso)

May 27, 2026

May 27, 2026

Text-Only Order

May 27, 2026

May 27, 2026

33

CERTIFICATE of Service/Summons Returned Executed. Department of Homeland Security, Secretary of served on 5/11/2026. (Giovanatti, Neil) Modified on 6/1/2026 (SSch). [GREEN CARD NOT SIGNED] (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

34

NOTICE TO APPEAR IN PERSON: Pretrial Hearing (Status) set for 7/1/2026 09:30 AM before District Judge Jonathan J.C. Grey (SOso) (Entered: 06/09/2026)

June 9, 2026

June 9, 2026

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35

RE-NOTICE OF IN PERSON HEARING on 9 MOTION for Preliminary Injunction with Brief in Support. Motion Hearing reset for 7/29/2026 10:00 AM before District Judge Jonathan J.C. Grey (SOso) (Entered: 06/09/2026)

June 9, 2026

June 9, 2026

RECAP

Minute Entry for remote proceedings before District Judge Jonathan J.C. Grey: Status Conference held on 6/9/2026 (Court Reporter: Leann Lizza) (SOso)

June 9, 2026

June 9, 2026

Status Conference

June 9, 2026

June 9, 2026

Appear*

June 9, 2026

June 9, 2026

Text-Only Order

June 9, 2026

June 9, 2026

TEXT-ONLY ORDER: For the reasons stated on the record, the responsive pleading deadline has been extended to July 29, 2026. The next status conference will occur on July 1, 2026 in person. Whether additional defendant agency representative must appear in person for the July 1, 2026 status conference remains under the Court's consideration. If defendants have concerns regarding their ability to provide the updates that the Court requested on the record, they must alert the Court of such by June 21, 2026. Signed by District Judge Jonathan J.C. Grey. (SOso)

June 9, 2026

June 9, 2026

36

NOTICE of Status Update (Perez, Krystal-Rose) (Entered: 06/22/2026)

June 22, 2026

June 22, 2026

RECAP
37

RE-NOTICE TO APPEAR REMOTELY: Pretrial (Status) Hearing set for 7/1/2026 09:30 AM before District Judge Jonathan J.C. Grey ***Parties will receive Zoom link via email*** (SOso) (Entered: 07/01/2026)

July 1, 2026

July 1, 2026

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38

NOTICE TO APPEAR REMOTELY: Pretrial {Status) Hearing set for 7/1/2026 09:30 AM before District Judge Jonathan J.C. Grey |Remote Access Phone Number: 6692545252 and Meeting ID: 165 321 1149| (SOso) (Entered: 07/01/2026)

July 1, 2026

July 1, 2026

RECAP

Minute Entry for remote proceedings before District Judge Jonathan J.C. Grey: Pretrial Hearing held on 7/1/2026. Parties are to submit a stipulation regarding a stay by July 6, 2026. (Court Reporter: Leann Lizza) (SOso)

July 1, 2026

July 1, 2026

39

STIPULATED ORDER STAYING CASE. Signed by District Judge Jonathan J.C. Grey. (SOso) (Entered: 07/07/2026)

July 7, 2026

July 7, 2026

RECAP
40

TRANSCRIPT of Status Conference held on 07/01/2026. (Court Reporter/Transcriber: Leann S. Lizza) (Number of Pages: 12) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/28/2026. Redacted Transcript Deadline set for 8/7/2026. Release of Transcript Restriction set for 10/5/2026. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber (WWW.TRANSCRIPTORDERS.COM) before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Lizza, L.) (Entered: 07/07/2026)

July 7, 2026

July 7, 2026

TEXT-ONLY NOTICE: Hearing on 7/29/2026 is Cancelled re 35 Notice of Hearing on Motion due to case stayed for 60 days. (SOso)

July 8, 2026

July 8, 2026

Case Details

State / Territory:

Michigan

Case Type(s):

Immigration and/or the Border

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: March 24, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State and city where ICE detention center being built.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States Customs and Immigration Enforcement

United States Department of Homeland Security

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Other Dockets:

Eastern District of Michigan 2:26-cv-10968

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Government services

Recommended Citation