Filed Date: April 24, 2026
Case Ongoing
Clearinghouse coding complete
This case challenges the Department of Homeland Security's (DHS) plan to convert an industrial warehouse in Surprise, Arizona, into an immigration detention facility.
On April 24, 2026, the State of Arizona filed suit in the U.S. District Court for the District of Arizona against DHS, U.S. Immigration and Customs Enforcement (ICE), Secretary of Homeland Security Markwayne Mullin, and Acting ICE Director Todd Lyons in their official capacities. The complaint challenged DHS and ICE's January 23, 2026, purchase of a vacant 418,400-square-foot warehouse in Surprise, Arizona, for approximately $70 million as part of ICE's nationwide detention expansion. Arizona alleged that Defendants intended to convert the warehouse into a detention facility housing between 500 and 1,500 immigration detainees. The site sits in an industrial area directly across from a hazardous chemical storage facility and approximately one mile from two public schools. The complaint further alleged that converting the warehouse would require extensive construction and retrofitting, including installation of detention housing, medical facilities, utilities, security infrastructure, and other improvements under a contract valued at more than $300 million. The case was assigned to District Judge Susan M. Brnovich.
Arizona alleged that Defendants violated the Administrative Procedure Act (APA) on three grounds: failing to comply with the National Environmental Policy Act (NEPA) before purchasing and beginning preparations to convert the facility, failing to provide an "appropriate" place of detention and to consider existing detention facilities as required by the Immigration and Nationality Act (INA), and acting arbitrarily and capriciously in selecting the site without adequate explanation. Arizona sought declaratory relief, vacatur of the decision to establish the detention facility, and preliminary and permanent injunctive relief prohibiting Defendants from converting or operating the warehouse as an immigration detention center.
On July 8, 2026, the parties jointly stipulated to stay the litigation after Defendants represented that they would prepare additional environmental review under NEPA, including an environmental assessment or, if necessary, an environmental impact statement, addressing the proposed detention facility. Under the stipulated order, Defendants agreed not to detain individuals at the facility or undertake physical conversion work until completion of the environmental review, subject to specified exceptions for maintenance, security, planning, engineering, permitting, and other non-conversion activities. The court stayed Defendants' deadline to respond to the complaint, required periodic status reports every sixty days, and deferred preliminary injunction proceedings pending completion of the NEPA process.
Summary Authors
Benjamin Glicksman (7/22/2026)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73242269/parties/arizona-state-of-v-mullin/
Brnovich, Susan Marie (Arizona)
Arrowsmith, Nathan T (Arizona)
Bendor, Joshua David (Arizona)
Katz, Joshua Alan (Arizona)
Ansari, Susan (Arizona)
See docket on RECAP: https://www.courtlistener.com/docket/73242269/arizona-state-of-v-mullin/
Last updated July 28, 2026, 3:43 p.m.
State / Territory:
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: April 24, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
State of Arizona, challenging DHS' planned conversion of a warehouse into an immigration detention facility
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
United States Department of Homeland Security
United States Immigration and Customs Enforcement
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Other Dockets:
District of Arizona 2:26-cv-02857
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Environmental Justice and Resources:
Environmental Impact Statements
Immigration/Border:
Case Summary of Arizona v. Mullin, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48181/ (last updated 7/22/2026).