A small Georgia town's federal lawsuit opposing the Trump administration's plans to turn a warehouse into one of the largest immigration detention centres in the US has the potential to create a wide impact as it uses novel legal arguments, experts said.
The town of Social Circle's complaint goes further than other recently filed lawsuits around the same issues, which assert that the US federal government has not carried out environmental impact assessments for proposed detention centres, as required by the National Environmental Policy Act (Nepa). The town's lawsuit also alleges that the Department of Homeland Security and ICE have violated the federal Administrative Procedures Act (APA) and Georgia's public nuisance law.
Eric Taylor, city manager for Social Circle, told the Guardian the proposed plans would triple the local population, putting strains on drinking water and sewage, as well as on local police and ambulances. Adam Lauridsen, one of the plaintiff's attorneys, said the approach shows the town is willing to pursue a new legal theory to defend its rights.
Legal experts noted the innovation may prove important. Timothy D Lytton, law professor at Georgia State University, said: 'It's significant that this is not just an environmental claim, but also raises the two other types of claims. This can frame placing these facilities in these towns in a different way.' Samantha Hamilton, senior staff attorney at Asian Americans Advancing Justice – Atlanta, agreed, saying the town's decision to invoke state public nuisance law 'reminds the court that communities are part of this discussion'.
The complaint, filed in mid-May, is the first to come from a local jurisdiction rather than a state attorney general. Social Circle sits in a county where nearly 75% voted for Donald Trump, unlike other states that have sued over the issue, which are all led by Democrats.
