LEAVENWORTH, Kan. — A Kansas judge issued a temporary restraining order Wednesday preventing CoreCivic from housing ICE detainees at its Leavenworth facility unless it has a special use permit or until the judge issues a final ruling.
The judge’s ruling continues a months-long legal process between the for-profit jail operator and officials at the City of Leavenworth.
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Last month, Leavenworth officials filed a lawsuit in Leavenworth District Court asking a judge to issue an injunction that would prevent CoreCivic from housing detainees at its detention facility in Leavenworth.
LINK | Read the state lawsuit
The lawsuit was filed after a federal judge dismissed a similar lawsuit filed by the city. KSHB 41 reporter Rachel Henderson has been following the issue closely alongside residents in Leavenworth. You can watch her report about the filing of the lawsuit in the video player below.
CoreCivic's former Leavenworth Detention Center facility stopped housing inmates in 2021.
The company said it kept staff on site since then and doesn't consider this a reopening; therefore, CoreCivic believes it doesn't need a permit.
In Wednesday's ruling, District Court Judge John J. Bryant said that he believes the city should have the right to regulate itself, and pointed to that ability as one of the reasons for the temporary restraining order while he reviews the full case.
"The city has met its burden for the temporary restraining order," Bryant said Wednesday.
Bryant also said CoreCivic should have challenged the removal of its grandfathered status after the city officially removed it by approving a resolution requiring CoreCivic to submit a special use permit, per its development regulations, in March.
"There’s two different statutes that would have given them 30 days to challenge what the city did in late March. They didn’t do that, and the judge found that important," said Joe Hatley, a partner at Spencer Fane LLP representing the city of Leavenworth.
Jails or prisons have needed special use permits since 2012.
CoreCivic — which has been in Leavenworth for decades — was grandfathered in, but it stopped housing inmates, per an executive order in 2021.
By the city standards, it closed.
Both sides argued whether that required a new permit.
"CoreCivic continued to employ individuals to provide nearly around-the-clock operations and maintenance of the property, seven days a week," said Taylor Concannon Hausmann, the lead attorney for CoreCivic, during the hearing. "It continued to market the property, it continued to submit pricing proposals, it continued to respond to proposals. It continued to engage in contract and other negotiations for detention services, and that includes negotiating its contract with ICE."
When Bryant asked Hausmann if CoreCivic had a valid special use permit, Hausmann replied, "No, CoreCivic does not have a special use permit. Due to its grandfathered status, it never had a special use permit, and as the city concedes, that was never required."
Hatley referenced the city's zoning regulations during his closing remarks regarding non-conforming properties left vacant for more than 12 months, needing a SUP.
"Even if they were pure as the driven snow, they'd still have to have a permit now because they've not housed people in the facility for more than three years," Hatley said.
Leavenworth City Attorney David Waters joined Hatley and Leavenworth City Manager Scott Peterson after the hearing to speak with reporters.
Waters said the city appreciated Bryant's ruling.
"We're gratified and looking forward to the public process and giving the opportunity for the community to speak about such an important matter for the city," Waters said. "The city just wants the process to be followed. The process requires a special use permit."
Leavenworth's attorneys and other attendees also took issue with the fact that CoreCivic's contract with ICE has not been made publicly available.
When asked how quickly Leavenworth officials expected detainees to arrive at the newly-named Midwestern Regional Reception Center, Peterson replied with "imminent."
"Maybe the reason we’ve seen success here today is that this is not about immigration, this is not about private prisons, this is about land use," Peterson said. "I think arguing the merits of the case, we’ve kept it local to the city’s ordinances and haven’t made it a part of this broader conversation that maybe others have tried to do."
Peterson says the city maintains its stance about CoreCivic being able to apply for a special use permit in the future.
"We would love for them to. That’s all we’ve ever asked is that they go through the special use permit process, and they’re welcome to do so at any time," he said.
Steven Owen, a spokesperson for CoreCivic, released a statement Wednesday afternoon that the company is reviewing the decision and determining next steps.
"We maintain the position that our facility, which we've operated for almost 30 years, does not require a special use permit to care for detainees in partnership with ICE," Owen said. "We look forward to presenting our arguments to the court."
Leavenworth residents like Mike Trapp were optimistic about Wednesday's outcome.
"That was excellent news, and proud of the city for standing up, and I’m proud that the rule of law still reigns in Leavenworth," Trapp said. "I was pleasantly surprised to see him rule from the bench."
Trapp has lived in Leavenworth for three years since living in Columbia, Missouri.
"I’m a former city council member in another community, and I understand the importance of land use law," Trapp said. "You can’t have a large corporation just flout your zoning regulations."
A non-Leavenworth resident, Norman Mallicoat, was also present Wednesday.
Mallicoat says he campaigned in Leavenworth when he ran for Kansas State Senate in 2024.
"I think this is just CoreCivic trying to bully a little town into noncompliance with their local zoning laws," Mallicoat said. "[I'm] cautiously optimistic."
Mallicoat brought a sign that read, "CoreCivic doesn't run Leavenworth."
Another Leavenworth resident, Ashley Hernandez, was representing the Sisters of Charity of Leavenworth. She's one of several community members who have been vocal about their opposition to CoreCivic operating an ICE detention center in Leavenworth.
"I think there’s still a fight ahead of us," Hernandez said. "There’s definitely progress with the turnout of this case today. Giving that power back to the city and the courts agreeing with the city, that’s a big step forward in making sure CoreCivic goes through the proper channels to get their permit."
The judge has not yet set a schedule for additional hearings in the case.
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