By Zach Wendling, Nebraska Examiner
Lincoln, NE — A legislative bill introduced Monday seeks to void a Nebraska-federal deal that last fall converted a rehabilitative-focused state prison to an ICE detention facility in McCook.
Legislative Bill 963, from State Sen. Terrell McKinney of Omaha, seeks to void any state-federal immigration agreements without legislative approval. That would include the most high-profile case in which Nebraska Gov. Jim Pillen and the Nebraska Department of Correctional Services agreed to lease the state’s “Work Ethic Camp” to U.S. Immigration and Customs Enforcement.
McKinney’s bill also seeks to narrow state law and say the Nebraska Department of Correctional Services can house offenders under only state laws, not any “law.” A Red Willow County District Court judge cited that section of law as a reason to not halt the Nebraska-ICE partnership.
“The executive branch does not have that autonomy and should not have signed our state up to have an ICE detention facility,” McKinney said.
State Sen. Terrell McKinney of Omaha, center, greets Gov. Jim Pillen ahead of the governor’s annual State of the State Address to the Legislature. Jan. 15, 2025. (Zach Wendling/Nebraska Examiner)
Pillen has argued he’s doing his duty to help the federal government enforce immigration laws and, in a pre-session interview in mid-December, repeated “very clearly we have the authority.” He said there is “evidence every day,” including his four trips to the U.S.-Mexico border, which together highlight what he called a “safety problem.”
“We’re proud about it,” Pillen said. “We’re doing what we have the authority to do.”
Pillen called safety the government’s “highest calling.” He described Rob Jeffreys, director of Nebraska’s Corrections Department, as “one of the best directors” in the country.
The Nebraska-ICE contract is in effect through at least September. Pillen’s office has estimated ICE’s reimbursements will annually net the state $14.25 million.
McKinney argued the state should not be giving up an institution specifically meant to prepare offenders to reenter society. The McCook prison had housed low-risk adult male inmates serving felony sentences. Some worked in surrounding communities.
McCook Mayor Linda Taylor speaks during a press conference with Nebraska Gov. Jim Pillen at McCook’s Ben Nelson Regional Airport on Tuesday. (Brigham Larington/McCook Gazette)
The North Omaha senator said the McCook situation highlights a “lack of respect” toward the Legislature, the “crumbling” of separation of powers and “blurring of the lines.”
State Sen. Dunixi Guereca of Omaha also introduced LB 881 last week, which would also require local law enforcement agencies, jails and the Nebraska State Patrol to receive approval from a “local governing body” before entering certain agreements to enforce immigration law.
Sheriff’s offices in Banner, Dakota, Sioux and Wheeler counties, as well as the Nebraska Corrections Department and Nebraska State Patrol, have joined what’s known as the 287(g) Program to that end. The Dakota County and Corrections Department, specifically in Lincoln County, signed agreements to allow officers to identify and process removable migrants. The other four signed agreements to enforce limited immigration authority in routine police duties.
Pillen said he remained confident he didn’t need legislation to authorize the McCook partnership. McKinney said any agreement could still be approved, just in a proper manner.
“If they wanted the authority to do so, they should have came to us in a respectful way,” McKinney said. “Shouldn’t have been, in my opinion, behind closed doors without all members of the body being notified and aware of what was going on.”
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