San Antonio Files Federal Lawsuit Against Homeland Security Secretary
FIRST REPORT: TDFP EXCLUSIVE - No other outlet had reported this filing when this article was published.
SAN ANTONIO - The City of San Antonio filed a federal lawsuit against the U.S. Secretary of Homeland Security on Tuesday, according to the federal court docket.
The case, City of San Antonio v. Mullin, Secretary of U.S. Department of Homeland Security, was opened Oct. 13, 2026, in the U.S. District Court for the Western District of Texas under case number 5:26-cv-06542. The docket lists a complaint as its first entry.
The complaint is now public. The City of San Antonio posted it Oct. 13 with a news release titled "City Files Legal Action Regarding Proposed ICE Detention Facility." The document is stamped as filed Oct. 13 in No. 5:26-cv-06542.
What the complaint says
The city sues DHS, ICE, Secretary Markwayne Mullin and Acting ICE Director David Venturella, both in their official capacities, under the Administrative Procedure Act and the National Environmental Policy Act (NEPA). It asks the court to declare that the decision to buy, convert and operate a detention facility at the warehouse at 542 S.E. Loop 410 violates those laws, to vacate that decision, and to permanently and temporarily bar further work on the project. It also asks for attorney fees.
The complaint says that, to the city's knowledge, the agencies did no NEPA review before buying the warehouse around Feb. 5, 2026, and have done none since. It says the city learned on Aug. 28 that ICE had awarded GardaWorld Federal Services, LLC a $17 million contract to begin outfitting the site, and that neither ICE nor GardaWorld has contacted the city since. It says ICE has stated a plan for an average daily population of up to 1,500 detainees, and it raises sewer, water and public-health concerns.
Read the full complaint (PDF, 25 pages, filed Oct. 13, 2026):
What the city says
In its news release, the city says it is asking DHS to comply with NEPA by conducting an environmental review of the proposed facility before work starts on the warehouse, and it asks the court to enjoin DHS and ICE from any development until that review is done. The release says ICE assured the city it would keep it informed but has "remained silent since June," and that ICE has reportedly signed an agreement with GardaWorld to start work.
"This action is focused on ensuring that applicable legal requirements are followed and that the community's interests are protected," City Attorney Andy Segovia said in the release. The release says the lawsuit is specific to the proposed facility and its development and operation, and does not challenge the federal government's authority to enforce federal immigration laws.
What the city had said before the filing
The filing follows weeks of public statements by city officials about possible legal action over a planned U.S. Immigration and Customs Enforcement processing center on San Antonio's East Side. The complaint confirms the suit concerns that facility.
On Oct. 2, Mayor Gina Ortiz Jones said in a written statement that she supports "legal action to halt all activities related to renovating the Eastside facility into a 1,500-person ICE processing center," after a Sept. 30 deadline for a city information request passed without a response, according to Texas Public Radio. The statement did not name defendants or legal grounds. She said the City Attorney was reviewing options.
On Oct. 8, the City Council voted 9-2 to direct SAWS, CPS Energy and certain city departments to assess the potential impacts of the facility, KSAT reported. Jones told reporters legal action would not require a council vote and that the city expected to provide an update "very, very shortly." The council is scheduled to take up another resolution on the issue Oct. 15, KSAT reported.
The facility
ICE bought the 640,000-square-foot warehouse at 542 S.E. Loop 410 for about $66 million earlier this year. ICE has said the site could hold 1,000 to 1,500 people during immigration proceedings and could open early next year, according to KSAT and Texas Public Radio.
In late August, ICE awarded a $17.3 million contract to GardaWorld Federal Services LLC to renovate the building and provide services. Federal contract records show the contract has since grown to $61.8 million, KSAT reported.
A Sept. 9 letter from the city's development services director to acting ICE Director David Venturella said the contract award meant ICE must consult with the city and begin a required environmental review, KSAT reported.
Sources: Federal court docket, City of San Antonio v. Mullin, No. 5:26-cv-06542 (W.D. Tex.), via CourtListener, https://www.courtlistener.com/docket/74952112/city-of-san-antonio-v-mullin-secretary-of-us-department-of-homeland/ ; Texas Public Radio, Oct. 2, 2026, https://www.tpr.org/border-immigration/2026-10-02/san-antonio-mayor-backs-legal-action-to-halt-east-side-ice-facility ; KSAT, Oct. 9, 2026, https://www.ksat.com/news/local/2026/10/09/san-antonio-preparing-for-possible-legal-fight-against-east-side-ice-warehouse/ ; TPR / San Antonio Report, Oct. 9, 2026, https://www.tpr.org/text/government-politics/2026-10-09/city-council-members-prep-for-legal-action-on-proposed-ice-facility-as-they-launch-studies-on-its-impact ; City of San Antonio news release, "City Files Legal Action Regarding Proposed ICE Detention Facility," Oct. 13, 2026, https://www.sa.gov/Directory/News-Releases/City-Files-Legal-Action-Regarding-Proposed-ICE-Detention-Facility ; Complaint, City of San Antonio v. Mullin, No. 5:26-cv-06542 (W.D. Tex.), filed Oct. 13, 2026, https://www.sa.gov/files/assets/main/v/1/ce/documents/nepa-petition-file-stamped.pdf
Original reporting by The Digital Free Press. Docket information as of Oct. 13, 2026. Updated Oct. 13 with the city's complaint and news release.
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