THE STATE OF CALIFORNIA and Santa Clara County are again suing the administration of President Donald Trump, this time for purported plans for a facility operated by U.S. Immigration and Customs Enforcement near Gilroy. 

The exact use of the planned facility still has not been confirmed by county officials, but demolition on the site at 7240 Holsclaw Road began in recent weeks, which convinced Santa Clara County Counsel Tony LoPresti, the Santa Clara County Board of Supervisors, and the California Department of Justice that recent reporting about a planned facility from local media outlet San Jose Spotlight was accurate. 

The county and state Department of Justice contend that the roughly 25-acre property is exclusively zoned for agricultural use and could not accommodate the water, sewer and other infrastructure needed for a holding facility, according to LoPresti. 

They further argued that the federal administration had not been in contact with local or state officials at all, including for legally required public feedback on any proposed project and completing and submitting environmental impact reports. 

LoPresti said unpermitted demolition underway on the site could release hazardous materials and said the lawsuit was seeking an injunction to immediately stop the work, although he could not offer a specific timeline when asked by a reporter when would be soonest that could occur. 

Aerial view of a location where an ICE facility is planned in unincorporated Santa Clara County outside Gilroy. (Image courtesy of Google Earth via San José Spotlight)

The state has been a party in over 70 lawsuits against the administration seeking to stop a range of policies it contended were unconstitutional or otherwise illegal, including frequent bouts over the withholding of a range of federal grant money, according to Attorney General Rob Bonta. 

A spokesperson for ICE previously denied that whatever planned facility was being leased from the property owner by the U.S. General Services Administration — which executes contracts for agencies across the federal government — would be used as a detention facility. 

The agency did not respond to a request for comment on the lawsuit or project’s progress on Wednesday afternoon by press time.  

Blueprints raise detention concerns

But blueprints for the planned structure were made public last week that indicated holding rooms for up to 150 people, according to LoPresti. The possible holding rooms are one of the aspects of the project that is prohibited by the county’s zoning regulations, LoPresti said at a press conference Wednesday alongside Bonta.  

The contract award from the General Services Administration outlines a roughly $26 million contract to lease a yet-to-be-built 18,700-square-foot office building on the property for 20 years. It includes plans for 60 parking spaces and was awarded in the waning days of the administration of then-president Joe Biden on Jan. 8, 2025, records show. 

LoPresti said local officials reacted with “outrage that the federal government would construct a facility with such a massive impact with no stakeholder input whatsoever.” 

A request for a preliminary injunction to halt the work and cancel the project was filed Wednesday in the San Jose Division of the U.S. District Court for the Northern District of California. 

It argues that the project is inconsistent with the area’s land use and would be infeasible on the surrounding agricultural and rural roads and because of the inadequate septic system on the property. 

It further argues that the property is in an area susceptible to flooding, making any potential septic issues dangerous for the environment and detainees that would be held there. 

“The development of this kind of facility in disregard of applicable laws threatens to subject detainees to inhumane and unhealthy conditions, which have already tainted the federal government’s immigration enforcement operations across the country,” the request reads. 

Bonta said his office had conducted an evaluation of federal immigration detention facilities people were being were held in in California and found that “the conditions of detention are absolutely horrific and unacceptable.” 

He said there were “basic human needs not being provided to the detainees, and most of the detainees shouldn’t even be in detention.” 

The development of this kind of facility in disregard of applicable laws threatens to subject detainees to inhumane and unhealthy conditions, which have already tainted the federal government’s immigration enforcement operations across the country. the complaint reads

LoPresti said the project violated federal laws including the National Environmental Policy Act, the Intergovernmental Cooperation Act, Immigration and Nationality Act, and the Administrative Procedure Act.  

He also argued it violated the state’s Williamson Act, which allows properties to be zoned for certain restricted uses and receive property tax breaks in return. 

The property at 7240 Holdsclaw was zoned for agricultural use in 1967 and has received tax breaks ever since, according to the civil complaint. 

The current owner, Beverly Hills-based ECG 6 LLC, purchased the property on Jan. 30, 2025, and the complaint alleges that it was aware of the restrictions and requirements to notify the county about any plan to change its use or build without needed permits. 

LoPresti also said community members were right to suspect that the presence of a detention or processing facility could lead to more federal enforcement in the region, saying that had been the pattern elsewhere and was something officials wanted to prevent. 

Fighting ‘federal overreach and terror’

Neighboring Monterey County reacted to the news by directing its own county government to ensure zoning regulations there could be used as a way to prevent a similar episode from occurring. 

Gov. Gavin Newsom also weighed in after the lawsuit was announced, saying on social media that the administration’s immigration policies were creating fear and hurting communities. 

“State and local leaders will not stop fighting for Californians in the face of federal overreach and terror,” he wrote on X. 

“At a time when communities are already living in fear, the Trump Admin is constructing this ICE facility while blatantly disregarding basic legal requirements and local concerns,” Newsom said.