In a McCook courtroom, a years-old state work camp became the center of a growing debate over Nebraska’s role in federal immigration enforcement. A district court judge ruled that state officials acted within their authority to repurpose the Work Ethic Camp into a detention site for immigration detainees, clearing the way for “Cornhusker Clink” to open as soon as Nov. 1.
In an update released Oct. 23, Nebraska Gov. Jim Pillen said the McCook facility had passed its final federal inspection and was nearly ready to begin housing immigration detainees. State and federal officials completed a walk-through of the site and approved it for use.
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Pillen said converting the facility required transferring remaining inmates, training staff and modifying housing units to meet federal standards. Once fully operational, the state expects to house up to 300 detainees under its agreement with U.S. Immigration and Customs Enforcement (ICE), generating about $14 million annually for the state.
Background of the case
The ruling, issued Oct. 27 by District Court Judge Patrick M. Heng, denied a request from plaintiffs seeking to block Nebraska’s plan and prevent state funds from being used to convert the Work Ethic Camp into a federal detention site.
The lawsuit, filed by Nebraska Appleseed on behalf of a former state senator and 13 McCook residents, argued that state officials exceeded their authority by allowing a state-run facility to be repurposed for U.S. Immigration and Customs Enforcement. The group had asked the court for a temporary injunction that would have halted the project while the case moved forward.
Nebraska Appleseed’s Legal Director, Robert McEwen, expressed disappointment but said the case isn’t over.
“The case will carry forward from here, and we will continue to represent the interests of our clients in halting the activities of the Defendants as they relate to the large-scale detainment camp in McCook,” McEwen said in a statement.
The court found that Nebraska’s Department of Correctional Services (NDCS) has the legal discretion to manage and modify its facilities, even when partnering with federal agencies.
The decision allows Nebraska to continue its contract with the U.S. Department of Homeland Security to house detainees at the McCook site, a facility originally built to rehabilitate state inmates nearing release. However, Heng’s ruling doesn’t outright dismiss the case, it instead recommends that the motions should be denied to move forward.
The court considered three factors: irreparable harm, likelihood of success on the merits and the balance of hardships. While the court acknowledged that the potential misuse of public funds can constitute irreparable harm, it found that the plaintiffs did not show a likelihood of success on their main legal claims.
The court also determined that the use of the McCook facility as an immigration detention center does not violate the separation of powers under the Nebraska Constitution or the original legislative intent behind the camp’s creation.
Legislative and statutory context
The Work Ethic Camp was established by the Nebraska Legislature to provide rehabilitation and reduce prison overcrowding. Over time, lawmakers expanded how the facility could be used. Legislative bills passed in 2007 and 2009 granted the NDCS director discretion to house inmates in different facilities if deemed in the public interest.
The court noted that these changes gave the agency flexibility to determine the best use of correctional facilities and that the director’s authority includes decisions about location and operations.
