Cities versus detention centers: Challenging federal supremacy through land-use

In 2026, the Department of Homeland Security purchased 11 warehouses, and both started and stopped development on what came to be known as “Mega” detention centers for immigrants. Subsequently, multiple lawsuits were filed, many from small cities against the federal decisions to convert warehouses for the purposes of “mega” detention centers. This recent example of preemption calls us to consider what it means, in practice, and in real places, when the government violates traditional and historic soft policies of being a “good neighbor” at the local scale. How did cities utilize federal law to challenge federal powers? Current shifts reveal stronger moves toward preemption, but these decisions are facing local and legal challenges regarding federal decision-making over local zoning. Current land-use conflicts over detention center expansions highlight a growing tension over federal supremacy. The circumventing of laws such as National Environmental Protection Act, Administrative Procedure Act, and Intergovernmental Cooperation Act by the federal government is abutting localities’ right to regulatory and decision-making processes. From the detention center to the data center, the future of city rights and residential rights is being tested and contested in real time.