El Paso County authorizes federal lawsuit after ICE fails to produce FOIA records on proposed migrant detention sites

El Paso County on Monday authorized its attorney to file a federal lawsuit against U.S. Immigration and Customs Enforcement after county officials said ICE failed to provide records requested under the Freedom of Information Act about proposed migrant detention sites.

County Attorney Christina Sanchez told Commissioners Court that the county used legal channels, including FOIA requests, to seek site maps, permitting steps, environmental assessments and communications related to proposed detention facilities. According to Sanchez, federal agencies have not produced the requested materials.

"Because of their failure to provide this information at the direction of this court, we're requesting that the court approve and authorize the El Paso County Attorney's Office to file a federal lawsuit in the Western District of Texas on behalf of the county of El Paso against Immigration and Customs Enforcement for violating the Freedom of Information Act," Sanchez said.

Commissioner Stout moved to authorize the lawsuit; Commissioner Olin seconded the motion and the court voted to approve it. The court record shows the motion carried without a roll-call tally appearing in the transcript.

Assistant county attorney Eric Rosales Nagle appeared during the discussion explaining the legal posture the county planned to pursue. The authorization directs the county attorney's office to pursue litigation; the transcript does not record any immediate filing date or additional legal claims beyond the alleged FOIA violation.

The action follows prior court direction to the county attorney's office to request records from municipalities, planning and permitting departments, federal and state agencies and other government bodies. Sanchez told the court that, as of the April 6 meeting, the federal agencies had not produced the requested documents.

Next steps described by the county attorney are to prepare and file the complaint in the U.S. District Court for the Western District of Texas. The court did not vote to withhold any additional public comment or to direct further administrative steps before filing.

The authorization is the latest public step in local government scrutiny of proposed detention facilities. Commissioners did not publicly debate other legal remedies at the April 6 session. The court concluded the item after the motion carried.