Lawsuit Filed to Block Plan to Turn McCook’s Work Ethic Camp Into ICE Detention Facility

Oct. 16, 2025

McCOOK, Neb. — A lawsuit filed Wednesday in Red Willow County District Court seeks to halt Governor Jim Pillen’s plan to repurpose McCook’s Work Ethic Camp (WEC) into a federal immigration detention facility.

The case — filed Oct. 15 by Nebraska Appleseed and announced publicly Thursday morning — names former State Senator DiAnna Schimek and 13 Red Willow County residents as plaintiffs. It names Governor Jim Pillen and Rob Jeffreys, Director of the Nebraska Department of Correctional Services (NDCS), as defendants.

At the heart of the challenge: separation of powers

The lawsuit argues that the governor overstepped his authority by unilaterally deciding to change the facility’s use — a decision that, under the Nebraska Constitution, must be made by the Legislature. It also cites state law prohibiting public buildings from being repurposed for a new use without legislative approval.

The Work Ethic Camp, established by lawmakers in 1997, was designed to provide structured rehabilitation, education, and work programs for non-violent offenders while easing overcrowding in the state’s prison system. That purpose, the lawsuit notes, remains codified in state statute.

State’s plans outlined in court filings

According to the complaint, state officials announced in August their intent to convert the facility to house up to 300 immigration detainees, each staying between 5 and 45 days. The plan includes:

• Transferring current WEC inmates to other state facilities.

• Signing an intergovernmental agreement with the U.S. Department of Homeland Security.

• A $750,000 contract for a 12-foot razor-wire perimeter fence and installation of an intruder detection system.

• Adding 65 new state positions, including armed patrol and medical staff.

• Interior modifications for additional beds, immigration hearings, and ICE-specific operations.

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The complaint says the state has already begun implementing some of these steps — including inmate transfers and infrastructure changes — despite lacking legislative authorization.

What plaintiffs are asking the court to do

The plaintiffs are seeking a temporary restraining order and both preliminary and permanent injunctions to block the state from repurposing the facility or spending public funds on the project. They also ask the court to declare the governor’s actions unconstitutional and beyond the scope of executive power.

The lawsuit further argues that using state resources to operate an immigration detention center — a civil function of the federal government — is outside the state’s legal authority.

A facility with a different mission

The Work Ethic Camp was created by the Legislature nearly three decades ago as an alternative sentencing option for non-violent offenders, offering structured programming focused on rehabilitation and reentry. Plaintiffs argue that transforming it into an ICE detention facility fundamentally alters that mission — something that can only be done by the Legislature.

The facility was originally slated to begin housing detainees on Nov. 1, but the lawsuit could delay or stop that plan depending on the court’s actions.

Governor Pillen’s office and NDCS did not immediately respond to requests for comment