Leavenworth to vote on ICE permit
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Leavenworth Detention Center. Photo: Emily Curiel/Getty Images
Leavenworth city commissioners will decide Tuesday whether to allow a private prison operator to reopen its prison as an ICE detention center after a judge issued a temporary injunction blocking the company from housing detainees.
Why it matters: The vote will decide whether private prison company CoreCivic can reopen its Leavenworth prison to house ICE detainees under a city-issued special-use permit with operating conditions or whether the zoning dispute will continue in court.
Catch up quick: CoreCivic closed its Leavenworth prison in 2021 after losing federal contracts. In 2025, the company announced a new contract with ICE and planned to reopen the site as the Midwest Regional Reception Center.
- City officials said reopening requires a special-use permit under 2012 zoning rules. CoreCivic argued it did not need one.
- The city sued CoreCivic in district court in June, arguing the company must secure a permit before reopening the facility to house ICE detainees.
The latest: On Feb. 27, the Kansas Court of Appeals upheld the injunction.
- The court rejected CoreCivic's claim that it was being singled out, writing that Leavenworth is enforcing zoning rules that apply to all entities.
- Judges cited testimony from Leavenworth Police Chief Pat Kitchens describing past problems at the facility, including delayed reporting of a 2018 inmate death.
- CoreCivic cannot house detainees unless the city grants the permit.
What's inside: Permit conditions include CoreCivic seeking national accreditation, complying with ICE detention standards, allowing city and police access to the facility, and cooperating with investigations. The permit would cap the facility at about 1,100 adult detainees.
- It also would require a $1.5 million one-time impact fee and about $350,000 in annual fees.
- Leavenworth Mayor Nancy Bauder says the city could revoke the permit if CoreCivic didn't comply.
What they're saying: Bauder tells Axios the city has spent significant money litigating with CoreCivic and expects more lawsuits if the permit is denied.
- "They've got billions, and we don't," she says.
- She says if the federal government were able to purchase the building outright, the city would have no authority to regulate its use through local zoning, which she argues would eliminate local oversight.
A spokesperson for CoreCivic, Ryan Gustin, said in a statement to Axios that the company remains committed to operating a "safe, transparent and accountable facility."
- Gustin said the company maintains its legal position on the permit requirement but is working with city staff through the process, noting that city planning staff recommended approval and that the planning commission voted 5-1 to advance the permit with conditions.
What's next: The meeting is at 6pm Tuesday.
- If the permit is denied, CoreCivic can appeal in district court. If it is approved, the company can reopen under the city's conditions.