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CoreCivic confirmed its plans to continue operating an ICE detention facility despite withdrawing its application for a special use permit from the city of Leavenworth.
A CoreCivic spokesperson added to a statement KSHB 41 received March 14 about the decision to withdraw its application, stating:
“We look forward to continuing to serve our federal partners at our Midwest Regional Reception Center and expect the facility to be fully operational in the upcoming months.”
The original timeline was contingent upon Leavenworth’s special use permit procedure taking place, which mandates public hearings as a part of the process.
These previously scheduled public hearings would have given the public the opportunity to comment, something multiple Leavenworth residents expressed they’d like to have.
“There's a dynamic tension, I think it's three ways,” Dr. Susan Keim, associate professor of public administration at Park University, said. “One is the city, one is CoreCivic and one is the citizens.”
Professor Keim took time Friday to interpret Leavenworth’s ordinance regarding the special use permit process, as well as the nonconformances, section, which the city points to as further justification for why a permit is necessary.
“When a nonconforming use is abandoned for a period of 24 consecutive months any subsequent use or occupancy of such land after this period shall comply with the regulations of the zoning district in which such land is located,” Ord. No. 7996, § 1, 6-14-2016, Section 1.05, part D, number 8 read.
The other part of the ordinance the city is referencing falls under Section 1.05, part E, number 2:
"Any existing legal use at the effective date of these development regulations which is designated as a special use by these development regulations shall be deemed as an existing special use and a lawful conforming use," the ordinance reads.
Keim’s understanding of the ordinance’s verbiage is that the city could be defining the detention center’s use as two different things: a private prison for inmates or a detention center for immigrants.
“The ordinance is cut and dry, the situation is not,” Keim said.
The original property was the Leavenworth Detention Center, which closed in 2021 due to a federal mandate.
CoreCivic has rebranded the site as the Midwest Regional Reception Center and already has job postings for positions online.
CoreCivic argues it doesn’t need a special use permit to operate the center, something representatives made clear on a tour of the facility in early March.
They prefer the term "reactivation" over "reopening" because CoreCivic argues the former Leavenworth Detention Center facility was never truly shuttered, rather it was open to 24-hour maintenance staff up-keeping the site.
“We've been proud to operate a detention facility for the federal government at the Leavenworth site for over 30 years,” Ryan Gustin, director of public affairs for CoreCivic, said. “While we do not believe the SUP is necessary, we look forward to partnering with the local community as we always have.”
Dr. Keim says this comes down to a matter of interpretation.
“You have different interpretations, and that's when it goes to the courts,” Keim said.
Leavenworth city leaders confirmed they have been speaking with their attorneys about the matter, and the city commission met in an executive session Tuesday to deliberate.
“The city has power, and I’m sure that in that sense, it would go to the courts,” Keim said.
Keim says if a legal battle ensues, whatever court they end up in depends on who files and who has jurisdiction.
In the withdrawn special use permit application, CoreCivic is listed as the owner and operator of the facility and planned to “operate as the Midwest Regional Reception Center (MRRC) under an Intergovernmental Services Agreement (IGSA) with the Department of Homeland Security; Immigration and Customs Enforcement (ICE).”
Keim says federal law supersedes the city and state level, and CoreCivic’s relationship with ICE and any federal partner is noteworthy.
“It’s really an interesting, challenging position, and I know the city’s very firm in what they’re saying, and they legally have everything clear and cut and dry,” Keim said. “But it’s the issue of whether it’s federal property or not, that’s the question.”
The next Leavenworth City Commission meeting is on Tuesday, March 25.
There is a closed-session agenda item labeled, “Consultation with the City Attorney on zoning matters that would be deemed privileged in the attorney-client relationship, with possible action by City Commission in open session to follow.”
Tuesday’s executive session also cited attorney-client privilege, and the CoreCivic dispute is a zoning matter.
“It’s a very ‘if, then’ kind of situation,” Keim said. “Nothing is clear.”
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