Leavenworth Takes CoreCivic to Court Over Unpermitted ICE Facility

TOPEKA, K.S. — City officials in Leavenworth, Kansas, are pushing back against a private prison company’s attempt to reopen a detention facility without city approval. CoreCivic, Inc. plans to house immigration detainees at the former Leavenworth Detention Center, now renamed the Midwest Regional Reception Center. However, the city says the facility cannot operate without a special use permit (SUP).

After losing a case in U.S. District Court last week, Leavenworth refiled its complaint in state court, seeking an injunction to stop operations until the proper permit is obtained. A hearing is scheduled for June 4 in Leavenworth District Court.

Dispute Over Zoning and Public Safety

CoreCivic previously operated the detention facility until it closed in 2021. Under city rules, the company lost its grandfathered permit status after the building sat unused for more than a year beginning January 1, 2022. Though CoreCivic applied for a new SUP in early 2025, it withdrew the application weeks later and has since moved forward under a new contract with Immigration and Customs Enforcement (ICE).

City officials argue that reopening the facility without a permit violates local zoning laws and presents serious risks to public safety.

According to City Manager Scott Peterson, the case has never been about politics. “All that the city of Leavenworth has ever asked of CoreCivic in this matter is to go through the Special Use Permit process, as outlined by the Leavenworth Development Regulations.”

Past Issues Raise Concern

The city’s legal complaint also raises alarm about the prison’s prior track record. It cites a history of safety violations and mismanagement, including understaffing, violent incidents, and obstruction of law enforcement. Officials argue that these issues pose a continuing threat to residents and businesses nearby.

The complaint also describes the unpermitted operation as a "public nuisance per se” under Kansas law and calls for judicial intervention to stop it.

Support for the City’s Action

During a recent city council meeting, residents and former officials voiced strong support for Leavenworth’s legal efforts.

“Land-use decisions are the fundamental core government response,” said Mike Trapp, a former city councilman for Columbia, Missouri. “To see that challenged is unfortunate.”

CoreCivic previously agreed not to house any detainees before June 1. Peterson said the city hopes the company will honor that promise while the legal case continues.

“We also hope that CoreCivic will act upon their vocal commitment to be good partners with the city of Leavenworth,” he said.

Injunctions Requested

The city is asking the court to issue temporary and permanent injunctions that would stop CoreCivic from using the facility until the SUP is approved. The lawsuit also accuses CoreCivic and its agents of conspiracy and aiding and abetting in efforts to bypass city regulations.

CoreCivic spokesperson Ryan Gustin declined to say when detainees might arrive at the facility.

The June 4 hearing will be held at 9 a.m. in Leavenworth District Court, located at 601 S. 3rd Street.