Federal judge deals legal defeat to CoreCivic in bid to open Kansas ICE prison

Matthew Kelly, The Kansas City Star on Nov 25, 2025

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CoreCivic won’t be filling its empty Leavenworth detention center with immigrants anytime soon.

U.S. District Court Judge Toby Crouse dealt the private prison company its latest in a string of legal defeats Tuesday when he dismissed a federal lawsuit against the city of Leavenworth.

The ongoing state court case between the two parties is scheduled for a hearing before the Kansas Court of Appeals on Feb. 10.

Crouse’s ruling ensures the temporary injunction will remain in place until then, blocking CoreCivic from accepting detainees under a contract with U.S. Immigration and Customs Enforcement, or ICE.

The Department of Justice signed onto CoreCivic’s federal complaint in September, lending legal clout to the company’s argument that it should be allowed to operate an immigrant detention center without first securing the approval of local officials.

In a statement of interest filed with the court, the DOJ characterized Leavenworth’s objections as an “aggressive and unlawful effort” to undermine the federal government’s immigration enforcement.

Ryan Kriegshauser, interim U.S. Attorney for the District of Kansas, was in the Topeka courtroom Tuesday as Crouse rejected each of CoreCivic’s legal arguments.

“It’s pretty unusual for the U.S Attorney to actually show up,” said W. Joseph Hatley, an attorney representing Leavenworth.

It was the city that first filed a complaint against CoreCivic in federal court. In May, Crouse dismissed that lawsuit because he didn’t have jurisdiction, holding that the case should go to state court.

CoreCivic then filed its own lawsuit in federal court. On Tuesday, Crouse reaffirmed his earlier determination that the dispute did not have standing in federal court.

“He said this case needs to be in state court where it is,” Hatley said.

“We’re gratified by the result and look forward to the hearing in the Court of Appeals,” he added.

Ashley Hernandez, a Leavenworth resident who leads a grassroots group opposed to CoreCivic’s plans, cheered the ruling.

“We celebrate today, but we know there’s a battle ahead of us in February in state court,” said Hernandez, who is president of the Carceral Accountability Council.

“We understand that this is not the end of the road and there’s more to come, but we are grateful that Crouse upheld our U.S. law and protected the city’s rights,” Hernandez said.

CoreCivic did not immediately respond to a request for comment on Tuesday.

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