City To Host Discussion On ICE Facility, But Attorney Suggests It May Be Moot Point

11925 W. Lake Park Dr. Photo by Jeramey Jannene.

The Milwaukee Common Council will host a public discussion Tuesday about a controversial proposal by the Department of Homeland Security to relocate an Immigration and Customs Enforcement agency (ICE) office to Milwaukee’s Far Northwest Side.

But despite the fact that a private developer had previously submitted plans to rezone an office building at 11925 W. Lake Park Dr. to accommodate relocating the ICE office from Downtown, the city’s options to prevent the move, according to City Attorney Evan Goyke, are very limited.

“The City of Milwaukee does not have a legislative or legal path to stop construction or alteration of a building or a building use when done by a federal agency, regardless of whether the property is owned or leased by the federal government,” wrote Goyke and Deputy City Attorney Mary Schanning in a Jan. 23 opinion submitted to the council.

The federal government can bypass the city’s zoning regulations. And it appears that ICE and its private development partner, a limited liability company affiliated with Illinois-based WD Scorsch, are poised to do just that.

According to an internal Jan. 8 city email from Department of City Development (DCD) planning manager Sam Leichtling, the development team has indicated it would pursue that path. The rezoning request was withdrawn by the developer.

Area Alderwoman Larresa Taylor told Urban Milwaukee that was the first day she received more detailed plans about what was happening with the site. She went public with her concerns on Jan. 14 and held a press conference on Jan. 15.

ICE, based on a prior rezoning request, has pursued the move to Park Place since 2023. But the proposal has received increased scrutiny since it was refiled and President Donald Trump was elected and pledged to deport millions of undocumented residents.

The council may ultimately end up split on the issue. Some members, led by Council President José G. Pérez, are committed to opposing the facility and an expansion of ICE anywhere. Taylor has staked out a position that she doesn’t want it in her district.

And despite the fact that the council may be without a way to deny a rezoning request, Goyke’s written opinion suggests the city isn’t without options to slow down or attempt to influence the project.

It could attempt to apply political pressure or create a speed bump to slow the project. It should also demand that the private developer produce a lease confirming ICE as the tenant.

The speed bump comes in the form of formalized recommendations. Federal agencies are required to give “due consideration” to recommendations from a local government regarding the construction or alteration of the building.

“The City may also wish to engage the Wisconsin Department of Safety and Professional Services as well as the City’s State and Congressional legislative delegation to apply political pressure for adequate input and oversight where they can on this proposed project,” says the opinion.

Taylor’s communication file about the project is the eighth item on the Feb. 4 agenda for the Zoning, Neighborhoods & Development Committee.

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