Nonprofit, Hudson resident sue town over ICE detention center zoning

[00:00:00]The small town of Hudson, Colorado, says it cannot stop plans for a new ICE detention center. A newly filed federal lawsuit says Hudson's leaders can stop the project. Our Mark Salinger's the first to report on this new strategy to block the immigration detention facility.

[00:00:18]>> From outside the old prison in Hudson, certainly looks like the type of place where people in custody would be held.

[00:00:24]But a new lawsuit argues the land is not zoned as a correctional facility. And therefore legally can't be used as an immigration detention center unless the town makes zoning changes through a public process.

[00:00:36]>> If they want the the facility to be used in these kinds of ways, then they have to go through the proper procedures to allow for that special use.

[00:00:45]>> Late this evening, attorney David Seligman filed a lawsuit against Hudson.

[00:00:48]It's the first legal action taken against the town in Weld County since ICE announced it would soon house up to 1,200 people at the shuttered prison.

[00:00:57]>> It has the responsibility, it has the obligation to enforce local zoning laws.

[00:01:02]>> A draft of the lawsuit reviewed by 9 News states the facility is zoned as an industrial district and was last used from 2009 to 2013 as a private prison.

[00:01:12]At the time, the facility operated under a conditional use permit issued in 2008 and approved by Hudson voters through a ballot measure. Since it has been closed for more than a decade, the lawsuit argues that permit is no longer valid.

[00:01:25]>> They're obligated under Colorado law to treat the ICE facility just like any other type of facility that might come into town. Um and to give the people of Hudson uh of uh and the people of Colorado a voice in this process.

[00:01:35]>> The town of Hudson has previously said it has no approval authority over federal immigration detention operations at the private facility.

[00:01:45]Protesters have shown up to town council meetings arguing town leaders could do more.

[00:01:50]>> We do think the town of Hudson and its residents have the ability to stop the detention center.

[00:01:55]>> Defend the human dignity of every person, no exceptions.

[00:02:00]>> Jorge De Los Santos is the pastor at Our Lady Mother of the Church, and Thomas Weiler is the lead organizer of the nonprofit Together Colorado, one of the plaintiffs in the case.

[00:02:10]>> Time and time again we had we saw local officials abdecate their authority and as we're seeing in the town of Hudson.

[00:02:16]>> Act according to the values, not according to the monetary principles.

[00:02:22]>> The town's land development code does not list detention or correctional facilities as a permitted use on the land where the old prison sits. The lawsuit argues unlisted uses are generally not allowed. Seligman wants the town to enforce its own laws.

[00:02:36]>> I think it sets the the exceptionally important precedent um that uh we are not helpless here in Colorado, that our uh our localities are not helpless to protect the people of Colorado and to protect their residents.

[00:02:51]>> As Mark Salinger reporting, the town of Hudson has previously said it just controls the traffic management, water and waste water, the emergency services, and the community safety around the facility. The town said earlier this month that facility's privately owned and that any federal detention operation is authorized through federal contracts, not an agreement with the town. The mayor did not respond to our questions today.