A Nebraska district court has dismissed a lawsuit challenging the state’s authority to convert a correctional facility in McCook into a federal immigration detention center, ruling that state officials acted within existing legal authority.
The case, filed in Red Willow County District Court, alleged that the State of Nebraska and the Nebraska Department of Correctional Services exceeded their authority by repurposing the McCook Work Ethic Camp for use by U.S. Immigration and Customs Enforcement without legislative approval.
In a written order issued last week, the court dismissed the case with prejudice, finding the plaintiffs failed to state a claim upon which relief could be granted.
The court’s analysis focused on Nebraska statutes governing the authority of the Department of Correctional Services. The order states that the department is charged with administering correctional facilities and has authority over the management, control, and operation of those institutions. That authority includes the ability to enter into agreements with the federal government.
The court further found that state law provides discretion to correctional leadership to determine the use and placement of individuals within its facilities, including the transfer or reassignment of inmates and the repurposing of facilities for lawful uses.
On the constitutional question raised in the lawsuit, the court rejected claims that the executive branch violated separation of powers. The order concludes that the Legislature has already delegated relevant authority through statute, and the actions taken by the state fall within that framework.
Because the plaintiffs did not establish that state officials acted outside their statutory or constitutional authority, the court determined the case could not proceed.
The ruling follows an earlier decision in the case denying a request to temporarily block the facility’s conversion while litigation was ongoing.
Governor Jim Pillen responded to the ruling in a public statement, saying:
“I am grateful for the thorough and well-reasoned order by the district court dismissing the political lawsuit against Nebraska’s partnership with ICE to utilize our McCook prison as a detention facility. This is good news — and confirms our legal standing — in our effort to support work by President Trump to get criminal illegal aliens off our streets and to protect American citizens.”
The court’s order does not address federal immigration policy or the classification of detainees. Its findings are limited to whether Nebraska law permits the state to enter into agreements with the federal government and to use its correctional facilities for that purpose.
The dismissal with prejudice means the case cannot be refiled in its current form.