City of Leavenworth sues CoreCivic over ICE detention facility debate

LEAVENWORTH, Kan. (KCTV) - The City of Leavenworth is taking its dispute with CoreCivic to court, documents revealed Monday.

According to a lawsuit filed on March 31, 2025, Leavenworth is asking a judge to block the private prison operator’s attempt to open an Immigration and Customs Enforcement (ICE) detention center without City approval.

Citing its responsibility “to protect the health, safety, and economic development” of its constituents, the City reinforced its belief that CoreCivic must obtain a special use permit to open — or reopen, as CoreCivic argues — the facility at 100 Highway Terrace.

The City opened its complaint with a testimonial describing the detention center as an “absolute hell hole.” It stated that during CoreCivic’s 30 years of operation, there were “multiple widely publicized scandals resulting from its gross mismanagement of the Facility,” which burdened the City in “countless ways.”

The suit further alleged that “in CoreCivic’s own words,” the Leavenworth facility is inactive and therefore must apply for the permit.

HOW DID WE GET HERE?

CoreCivic previously had a contract with the U.S. Marshals Service (USMS) to house people in the Leavenworth facility who were charged with but not yet convicted of federal crimes. In 2021, that contract expired and was not renewed under an executive order from then-President Joe Biden, causing the facility to close.

CoreCivic first proposed reopening the dormant Leavenworth prison in late February 2025, reportedly agreeing with ICE to “house approximately 1,000 detained noncitizens” at what would be called the Midwest Regional Reception Center (MRRC).

In response, several former employees spoke out about the harsh conditions at the former facility. They cited multiple issues, including short staffing, that made the detention center dangerous for everyone involved.

One former guard, William Rogers, said he was assaulted seven times in the four and a half years he worked there, “three of which required emergency room visits.” He said he’s not against the concept of reopening MRRC, he’s against the possibility that the former conditions could return.

“If we need to detain people in these kinds of facilities, I’m not going to argue that law with you,” he told KCTV5. “What I am going to argue is that while they’re there, we have to treat them humanely.”

Despite the pushback, CoreCivic filed for a special use permit with the City on Feb. 21, 2025. Less than a month later, however, the company withdrew it, asserting that they “do not believe the SUP is necessary.”

CORECIVIC’S STANCE

Although Mistey Mackey, the potential warden, argued that the company “never actually shuttered the facility, and we’ve had a contingency of maintenance staff that have been on site providing virtually 24 hours of coverage.”

In a statement to KCTV5, CoreCivic Public Affairs Director Ryan Gustin stated that CoreCivic “expect(s) the facility to be fully operational in the months.”

“CoreCivic has had a long and positive relationship in the Leavenworth community, spanning nearly 30 years, and moving forward it is our goal to maintain an open line of communication with City leaders as we remain committed to our longstanding community partnership,” he continued.

LEAVENWORTH PUSHES BACK

Shortly after CoreCivic announced its plan to proceed without a permit, the City ed a resolution in late March stating it believes the company cannot go forward without doing so.

In its lawsuit, the City doubled down to argue against the idea that the facility never closed.

“In CoreCivic’s own words, the Facility is ‘inactive.’ Under the City’s Development Regulations, once CoreCivic stopped operating the Facility for 12 months, it lost its grandfathered status and, as a condition of reopening the Facility, had to obtain a special use permit from the City,” the suit states.

It further points out that CoreCivic has removed the “inactive” language from its website since the struggle began.

Leavenworth backed its desire for CoreCivic to obtain a permit by explaining that it hopes City oversight might be able to help prevent the past from repeating itself.

“...Without a special use permit, the City Commission will be unable to enforce any conditions it would place on CoreCivic’s use of the Property; under the Development Regulations, the City can revoke a special use permit if the City Commission finds, after notice and a public hearing, that the holder of the SUP ‘has violated any criteria of approval, changed circumstances ing the approval or a determination that the use has become a nuisance by reason of design or operation of the use, site or buildings,’” the suit stated.

The case will now be reviewed by a Leavenworth County judge.

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