Federal judge deals legal defeat to CoreCivic in bid to open Kansas ICE prison
AI-generated summary reviewed by our newsroom.
- Judge Toby Crouse dismissed CoreCivic’s federal suit, preserving the injunction.
- Ruling keeps Leavenworth’s injunction in place until the Kansas appeals hearing.
- DOJ backed CoreCivic, but court said the dispute belongs in state court in 2025.
CoreCivic won’t be filling its empty Leavenworth detention center with immigrants anytime soon.
U.S. District Court Judge Toby Crouse dealt the private prison company its latest in a string of legal defeats Tuesday when he dismissed a federal lawsuit against the city of Leavenworth.
The ongoing state court case between the two parties is scheduled for a hearing before the Kansas Court of Appeals on Feb. 10.
Crouse’s ruling ensures the temporary injunction will remain in place until then, blocking CoreCivic from accepting detainees under a contract with U.S. Immigration and Customs Enforcement, or ICE.
Ryan Gustin, a spokesperson for CoreCivic, said the company maintains its position that “we should be able to lawfully operate our facility.”
But notably, Gustin suggested for the first time in months that CoreCivic may entertain the city’s request and apply for the zoning permit required of all prison and jail operators in Leavenworth.
The prison chain initially applied for a special use permit, but reversed course in March and withdrew its application.
“We are assessing all available avenues to find a successful conclusion to this matter for us, our stakeholders and our community, up to and including filing for the Special Use Permit,” Gustin said in an email statement.
Ultimately, it would be up to local officials to approve or reject any such zoning request after several rounds of public meetings.
DOJ involvement
The Department of Justice signed onto CoreCivic’s federal complaint in September, lending legal clout to the company’s argument that it should be allowed to operate an immigrant detention center without first securing the approval of local officials.
In a statement of interest filed with the court, the DOJ characterized Leavenworth’s objections as an “aggressive and unlawful effort” to undermine the federal government’s immigration enforcement.
Ryan Kriegshauser, U.S. Attorney for the District of Kansas, was in the Topeka courtroom Tuesday as Crouse rejected each of CoreCivic’s legal arguments.
“It’s pretty unusual for the U.S Attorney to actually show up,” said W. Joseph Hatley, an attorney representing Leavenworth.
It was the city that first filed a complaint against CoreCivic in federal court. In May, Crouse dismissed that lawsuit because he didn’t have jurisdiction and that the case should be resolved in state court.
CoreCivic then filed its own lawsuit in federal court. On Tuesday, Crouse reaffirmed his earlier determination that the dispute did not have standing in federal court.
“He said this case needs to be in state court where it is,” Hatley said.
“We’re gratified by the result and look forward to the hearing in the Court of Appeals,” he added.
Ashley Hernandez, a Leavenworth resident who leads a grassroots group opposed to CoreCivic’s plans, cheered the ruling.
“We celebrate today, but we know there’s a battle ahead of us in February in state court,” said Hernandez, who is president of the Carceral Accountability Council.
“We understand that this is not the end of the road and there’s more to come, but we are grateful that Crouse upheld our U.S. law and protected the city’s rights,” Hernandez said.
CoreCivic previously operated its Leavenworth facility under a contract with the U.S. Marshals Service, but that contract ended after then-President Joe Biden issued an executive order barring the DOJ from partnering with private prisons.
Leavenworth Mayor Holly Pittman and other local officials have repeatedly said they would treat CoreCivic fairly if the company applied for a special use permit.
“We’d entertain any business but they need to do it the right way,” Pittman previously told reporters.
This story was originally published November 25, 2025 at 7:15 PM.
