Judge takes WEC lawsuit under advisement following lengthy hearing in Red Willow County District Court

October 24, 2025

McCOOK, Neb. — A Red Willow County District Court judge heard hours of arguments Friday in the case challenging the State of Nebraska’s plan to repurpose the Work Ethic Camp (WEC) in McCook into a temporary detention facility for federal immigration detainees.

The lawsuit, filed by former State Senator Diana Schimek and 13 Red Willow County residents, names Governor Jim Pillen and Department of Correctional Services Director Rob Jeffreys as defendants. The plaintiffs argue that the state’s actions violate the Nebraska Constitution and state law by changing the WEC’s purpose without legislative approval.

They are seeking a temporary injunction to pause the project, which they say oversteps executive authority and constitutes an unlawful expenditure of public funds.

Attorneys for the plaintiffs argued that under Article IV, Section 19 of the Nebraska Constitution, only the Legislature has the power to determine how state correctional facilities are used. They also cited Section 72-801, which prohibits changing the purpose of a publicly funded building from what the Legislature originally approved.

They contend that the WEC was created as a 100-bed “work camp” focused on rehabilitation and reducing overcrowding, and that turning it into a 300-bed ICE facility for civil immigration detainees violates those legislative parameters.

Attorneys for the state countered that Nebraska law gives the Department of Correctional Services (NDCS) broad discretion to manage state facilities and that the Governor is authorized to cooperate with federal agencies. They also argued that the contract with the U.S. Department of Homeland Security (DHS) is valid, that all operating costs will be reimbursed by the federal government, and that no taxpayer harm has occurred.

The state further argued that the lawsuit should be dismissed, claiming the plaintiffs lack legal standing and that the federal government and contractors should have been named as parties to the case.

The judge indicated he will first decide whether the case can proceed — ruling on the state’s motion to dismiss — before addressing the request for a temporary injunction.

Before adjourning, the court directed that an unredacted copy of the ICE–NDCS contract be submitted under seal for judicial review.

No immediate ruling was issued. The judge took both motions under advisement, meaning a written decision will be released in the coming days or weeks.

For now, the state may continue preparing the facility, but the court’s forthcoming decision will determine whether the project can proceed or must be temporarily halted while the broader constitutional questions are resolved.