KANSAS CITY, Mo. — Attorneys representing CoreCivic filed a new federal lawsuit last week claiming Leavenworth is “unconstitutionally interfering” with the company’s obligations to the federal government.
It’s the latest legal maneuver in CoreCivic’s months-long effort to reopen a detention facility in Leavenworth.
In the filing made Aug. 8 in the U.S. District Court, District of Kansas, CoreCivic says Leavenworth’s requirement for the company to obtain a special use permit is unlawful.
LINK | Read the filing
The company says it reached an agreement on March 7, 2025, with Immigration and Customs Enforcement to house federal immigration detainees at the property.
According to the company’s second quarter 2025 financial results, the March 7 contract with ICE provided for up to $5 million in initial funding with maximum funding up to $22.6M over a six-month period to “help cover our start-up expenses while we work to negotiate and execute a long-term contract.”
“We believe ICE remains intent on using this facility,” CoreCivic said in an Aug. 6 press release.
Attorneys representing CoreCivic allege Leavenworth’s special use permit prevents the company from carrying out the wishes of the federal government through its contract with CoreCivic.
“The immunity of the federal government from state, local or city regulation is a fundamental principle of the Constitution,” CoreCivic attorney Jacob Reinig wrote in the filing.
The lawsuit names the city of Leavenworth, Mayor Holly Pittman, Mayor Pro Tem Nancy Bauder and Commissioners Griff Martin, Jermaine Wilson and Edd Hingula as defendants.
CoreCivic is asking the judge to find the city’s resolution requiring the special use permit unconstitutional and to allow CoreCivic to carry out its agreement with ICE as an immigration detention facility.
A city attorney told KSHB 41 reporter Rachel Henderson on Wednesday the city was aware of the filing but did not have any comment at this time.
The case was assigned to District Judge Toby Crouse and Magistrate Judge Gwynne Birzer. A hearing on the lawsuit has not yet been set.
Crouse would be familiar with the legal battle.
In late March, Leavenworth officials filed a federal lawsuit in their initial attempt to force CoreCivic to obtain the special use permit.
Crouse dismissed the city's lawsuit on "subject-matter jurisdiction in federal court" grounds.
A legal case in state court, in which a state judge upheld the requirement of CoreCivic to obtain the special use permit, remains under review. CoreCivic has appealed that judge’s ruling.
“CoreCivic respects the entire judicial process, both at the state and federal level, and we welcome the opportunity to present our position to the court,” a CoreCivic spokesperson said in a statement Wednesday to KSHB 41 News.
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