Judge sides with Kansas town, temporarily blocking for-profit ICE prison
A Leavenworth District Court judge has granted a temporary restraining order against CoreCivic blocking the for-profit prison from re-opening its shuttered facility on the outskirts of town as an immigrant detention center.
Judge John J. Bryant ruled at a hearing Wednesday that CoreCivic may not begin accepting detainees under its contract with U.S. Immigration and Customs Enforcement, or ICE, without first requesting and receiving permission from city of Leavenworth officials.
CoreCivic initially submitted an application in February for the special use permit required of all jail and prison operators in Leavenworth, but withdrew the application and asserted it could operate the detention center by right.
The temporary injunction means none of the 1,033 beds at the Midwest Regional Reception Center will be filled while the zoning dispute remains tied up in court. CoreCivic had previously indicated it could begin accepting ICE detainees as early as June.
“We are reviewing the court’s decision and considering next steps,” company spokesperson Steven Owen said in an email statement.
“We maintain the position that our facility, which we’ve operated for almost 30 years, does not require a Special Use Permit to care for detainees in partnership with ICE. We look forward to presenting our arguments to the court,” Owen said.
Bryant appeared sympathetic to Leavenworth’s argument that the city would lose legitimacy if residents and businesses were allowed to openly flout local laws.
CoreCivic argued in court filings that because it began operating its Leavenworth facility as a prison before the zoning law was adopted, the city couldn’t make it apply for a special use permit.
The city argued that although CoreCivic’s prison was initially grandfathered in under the old rules, the company must now re-apply for a special use permit because its facility has not housed inmates in more than three years.
Bryant’s decision comes as a major victory for Leavenworth two weeks after U.S. District Court Judge Toby Crouse threw out the city’s lawsuit, rejecting a similar request to block detentions until CoreCivic obtained permission to operate.
“We’re obviously very pleased by it,” City Manager Scott Peterson said of the ruling Wednesday afternoon.
He acknowledged CoreCivic could appeal the ruling, but said the company would be better off relenting and following through with the city’s zoning process.
“We’re prepared to see it out as needed,” Peterson said. “They’re always welcome to apply for a special use permit anytime they feel.”
This story was originally published June 4, 2025 at 5:58 PM.
