A Red Willow County judge has cleared the way for Nebraska’s controversial “Cornhusker Clink” detention facility in McCook to move forward, while allowing a lawsuit against the project to proceed.
District Judge Patrick Heng on Monday denied a request for an injunction that would have blocked the opening of the facility, but he also rejected the state’s motion to dismiss the case entirely—ruling that local taxpayers do have standing to challenge the project.
The lawsuit, filed by 13 McCook residents and backed by Nebraska Appleseed, argues that Governor Jim Pillen and Corrections Director Rob Jeffreys exceeded their authority by converting the state’s Work Ethic Camp into a federal immigration detention center without legislative approval. Nebraska Appleseed’s legal director, Robert McEwen, said his team is disappointed the facility wasn’t halted but pleased the case will continue, calling it a fight to preserve legislative oversight and proper use of taxpayer dollars.
In his 17-page ruling, Judge Heng found that Pillen and Jeffreys acted within their authority to sign a two-year contract with the U.S. Department of Homeland Security and to house Immigration and Customs Enforcement detainees at the McCook site. He added that there was no violation of separation of powers between the executive and legislative branches. However, he agreed with plaintiffs that taxpayer funds were being used now—such as for fencing contracts—regardless of future federal reimbursement, giving them grounds to sue.
Governor Pillen praised the ruling, saying it affirms Nebraska’s right to operate the facility and that the partnership with DHS benefits taxpayers while helping “keep criminal illegal aliens off our streets.” The state says the former Work Ethic Camp will hold up to 300 nonviolent detainees for short-term stays averaging 45 days.
While the “Cornhusker Clink” can proceed with preparations, the broader lawsuit challenging the legality of the project will continue in court.
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