U.S. Immigration and Customs Enforcement (ICE) has begun housing migrants at Delaney Hall in Newark, New Jersey, weeks earlier than expected and amid an ongoing legal battle with the city over permitting and safety compliance. The facility, operated by private prison company GEO Group under a 15-year, $60 million-per-year contract, was originally slated to open in June.
The City of Newark filed a lawsuit in early April arguing that GEO Group failed to obtain proper permits. A spokesperson for ICE confirmed the opening but did not disclose how many detainees are currently being held at the 1,000-bed facility.
Officials at Delaney Hall initially turned away city inspectors, but authorities scheduled inspections a couple of weeks after the lawsuit was filed, identifying over two dozen safety issues involving plumbing, fire code compliance, and electrical systems, as New Jersey Globe explains.
The most significant current disagreement appears to be over whether the facility needs a new certificate of continued occupancy, which is typically required for buildings after a change in tenancy. GEO Group's attorney, Geoffrey Brounell, acknowledged the inspection report had been received but maintained the company does not believe a new certificate of occupancy is required.
Newark Mayor Ras Baraka, a Democratic candidate for Governor, has publicly opposed the facility, calling it incompatible with local regulations and values. Through a statement published when the lawsuit was filed, he stated:
"The agreement between ICE and the GEO Group to use Delaney Hall with the intention of incarcerating and holding immigrants slated for deportation does not supersede the ordinances and procedures legislated by the City of Newark and the State of New Jersey. As I have stated in the past, without compliance with requirements, Delaney Hall cannot lawfully open. We will not tolerate federal attempts to ignore or evade our laws and statutes, which apply to everyone"
ICE's contract with GEO Group is part of a broader push by the Trump administration to expand detention capacity for immigration enforcement. Federal officials have called the Newark lawsuit "aggressive" and "legally unjustified," seeking to have it dismissed.
Delaney Hall's reopening also plays into a wider legal and political debate over private immigration detention centers in New Jersey. In 2021, the state passed a law barring such contracts, but a federal judge later struck it down, citing the U.S. Constitution's Supremacy Clause. The matter is now under appeal.
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