Surprise residents press council to block proposed DHS facility; council seeks legal advice

Hundreds of residents overflowing the Surprise council chamber on April 21 urged the city to oppose a proposed Department of Homeland Security facility planned at a nearby warehouse, and council members moved to seek legal advice on what steps the city can take.

The public-comment block — limited to 30 minutes for the topic — featured repeated pleas from residents and activists that the council place a formal action item or otherwise act to stop DHS from converting the warehouse into a detention facility. Amanda Kaminskas, who said she is immunocompromised, told the council the site "is surrounded by schools and children" and sits next to a hazardous chemical storage facility, calling the combination a ‘‘very dangerous’’ public-safety risk. "People are suffering are going to suffer inside that facility," she said. Resident Natalie Lopez said the council's public statements so far amounted to accepting a problem rather than stopping it.

Why it matters: Speakers argued the facility could strain local resources, depress property values and place vulnerable people at risk. Several commenters cited specific safety scenarios — including a possible chemical spill next to a building not designed for habitation — and pushed council members to use every legal tool available. A handful of residents offered pro-DHS comments, saying federal operations can improve public safety; those statements were in the minority during the session.

Council response and next steps: Staff briefed the council on continuing weekly communications with DHS, noting that DHS has not finalized funding and that an earlier construction timeline is now considered aggressive. The staff update said city officials requested information on water estimates tied to bed counts, and sought legally enforceable agreements on community relations, tax-revenue replacement and restrictions on roving on city-owned property. Councilman Judd urged stronger municipal action, repeatedly telling staff and council he wants to "push any way that I can to stop this from coming in." City Attorney Jeff Murray cautioned about attorney-client privilege when members asked for legal analysis of potential litigation points (including NEPA and Intergovernmental Cooperation Act-related claims).

After debate, Councilman Judd moved, and the council seconded, to go into executive session for legal advice so the city attorney could clarify what the city can and cannot say or do without waiving privilege. The motion carried by voice vote. Later in the meeting Judd moved to add a future agenda item to send a formal request to the head of DHS asking the department to honor state and local ordinances and zoning; another councilmember seconded that request and the item was added as future business.

Claims and community demands: Speakers repeatedly demanded formal action (an ordinance or legal challenge) rather than continued diplomacy. Many asked the council to place the matter on an action agenda; others framed the facility as a moral and human-rights issue. Several commenters referenced national examples of municipal ordinances and local actions taken by other cities to restrict federal facility operations, and asked Surprise to do likewise. Mayor Kevin Sarter repeatedly cautioned about the limits of municipal authority under federal supremacy and said legal actions may be costly and could fail, but did not rule out further steps.

What comes next: The council moved to executive session to receive legal advice and placed a future business item asking staff to prepare a formal letter to DHS requesting that federal officials respect state and local zoning and land-use rules. The council did not vote in open session on any ordinance or legal action during this meeting.

Representative quote: "This is a concentration camp being placed in our community," said one speaker, reflecting the intensity of the public comments. The council adjourned public comment after the allotted time and moved forward with the planned executive session and future-business request.