Gilroy Puts a Temporary Freeze on New Detention Facilities as the Holsclaw Road ICE Fight Continues

Gilroy has stopped accepting applications for new detention and custodial facilities inside its city limits, a move tied to the community's opposition to a planned U.S. Immigration and Customs Enforcement facility on Holsclaw Road just east of town.

What the council approved

The City Council voted unanimously on Oct. 5 to adopt a temporary moratorium covering both public and private property. It took effect immediately and runs through Nov. 19, according to the Gilroy Dispatch. The council can extend it by another 10 months and 15 days, and then by 12 more months if needed, for a total of about two years. San José Spotlight reported that San Jose approved a similar moratorium last month.

While the pause is in place, city staff will study a zoning change that would limit detention facilities to certain parts of Gilroy and set standards for how they affect public services.

Councilmember Terence Fugazzi amended the original proposal to remove a carve-out for other law enforcement agencies. He told San José Spotlight the change makes the rule less likely to be seen as discriminatory if ICE challenges it in court.

What it does not do

The moratorium does not apply to the Holsclaw Road site, because that land is outside Gilroy's city limits. Federal agencies can also override local zoning rules, so the measure may not stop the federal government from building a facility in the city. Councilmember Kelly Ramirez said it would at least give Gilroy legal standing to fight such a project in court if one surfaced, the Dispatch reported.

The council also declined a proposed policy that would have barred ICE from using city-owned property for staging or operations. Councilmembers called that step largely symbolic, and Police Chief Brandon Sanchez said officers would respond to calls involving immigration enforcement and ask federal agents to cooperate.

The larger fight

Santa Clara County and the state of California sued in June to stop the Holsclaw Road project, and a federal judge granted a preliminary injunction in September that blocks construction while the case continues. County officials who reviewed the plans say the facility could hold more than 100 people.

About 25 people spoke during public comment, nearly all in favor, after a vigil outside City Hall. Former Councilmember Cat Tucker disagreed in a letter, arguing there was no evidence of an imminent threat that justified an urgent moratorium.