San Diego County is suing ICE for access to the detention center

from Wendy FryCalMatters

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San Diego County filed a lawsuit in federal court Tuesday, accusing the Trump administration illegally blocked a public health inspection at the Otay Mesa Detention Center, escalating a dispute over oversight of the privately run immigration detention facility near the U.S.-Mexico border.

The the complaint seeks a court order requiring the U.S. Department of Homeland Security, Immigration and Customs Enforcement and private prison contractor CoreCivic to allow county health officials to conduct a full inspection. According to the lawsuit, ICE initially allowed county officials to enter the facility, but reversed that decision when the inspection team arrived.

“The Trump administration cannot hide the conditions at the Otay Mesa detention center,” San Diego County Board of Supervisors Chair Tera Lawson-Remmer told the press conference in front of the federal courthouse. “If they won’t allow a legitimate public health inspection, a federal court will.”

Tennessee-based CoreCivic did not respond to a request for comment. ICE did not immediately respond to a request for comment.

The White House referred CalMatters to the Department of Homeland Security. In a written statement, a spokesperson for the Department of Homeland Security countered that San Diego officials improperly requested the inspection by failing to provide seven days’ notice to ICE. “These procedures and protocols exist for the safety of detainees, staff and visitors,” the statement said.

San Diego officials say the inspection was authorized under California Law of 2024 which gives local public health officials the right to inspect private detention centers to ensure they meet health and safety standards. CalMatters reported in October that local officials across the state were not using the new authority.

“This is our job. This authority exists for a reason. Disease and unsafe conditions affect the people in the facility and it doesn’t stop at the lock doors. Staff, contractors and visitors move between this facility and our community every day,” Lawson-Remmer said.

San Diego County Public Health Officer Dr. Sayone Tihalolipawan arrived at the Otay facility on February 20 to conduct an inspection under California Health Code after what county officials described as “alarming reports from inside the facility.”

San Diego County Administrator Paloma Aguirre, whose district includes the detention center, cited CalMatters reports detailing some of those conditions, including the detention of a deaf Mongolian man who took place over four months without access to an interpreter. His lawyer described it as akin to solitary confinement. Aguirre cited other reports of unsafe conditions inside, including disease, inadequate food and delays in medical care.

“Unfortunately, what we’re seeing today reflects a broader pattern under the Trump administration where federal agencies are increasingly blocking transparency and oversight even when public health is at stake,” Aguirre said.

Detainees at two other private detention centers in California have also done so sued the federal government above the conditions inside the facilities. The companies that run them say they operate the detention centers in accordance with federal law.

In one of the lawsuits, attorneys for detainees at the Adelanto Detention Center on Tuesday filed a motion that includes more than two dozen affidavits allegations of dirty water, spoiled food and people being held in solitary confinement for requesting essentials at the San Bernardino County facility.

On the same day that CoreCivic and ICE denied San Diego County officials access to the Otay Mesa detention center, U.S. Sen. Alex Padilla attempted to make an unannounced visit.

A federal law allows members of Congress to conduct unannounced surveillance of detention facilities. The Department of Homeland Security requires lawmakers to give seven days’ notice of visits, but a federal judge in December temporarily suspended this restrictionconfirming that lawmakers can conduct real-time surveillance of detention centers.

County Attorney Damon Brown said the lawsuit alleges the federal government’s refusal violated the Administrative Procedure Act because officials did not provide a legal explanation for blocking the state-mandated inspection.

“Every entity operating in San Diego County must comply with state health and safety laws, and no entity is exempt,” Brown said.

CalMatters Reporters Deborah Sullivan Brennan and Jeanne Kuang contributed to this reporting.

This article was originally published on CalMatters and is republished under Creative Commons Attribution-NonCommercial-No Derivatives license.