10/02/2026 | Press release | Distributed by Public on 10/02/2026 13:31
At Kennedy's Demand, DHS Finally Discloses Details of Batavia ICE Facility Expansion - New $17 Million Structure Will House Women Detainees
In a Response to Kennedy's Letter Written in His Oversight Capacity, DHS's Own Numbers Show More Than 70% of Batavia Detainees Have No Criminal Record, Contradicting Administration's "Worst of the Worst" Claims
BUFFALO, N.Y. - Congressman Tim Kennedy (NY-26), a member of the House Committee on Homeland Security, today condemned the Trump administration's plan to build a new detention facility at the Buffalo Service Processing Center in Batavia at a cost to taxpayers of nearly $17 million funded by Trump and Congressional Republicans' Big Ugly Bill. He also exposed the administration's own admission that the vast majority of the people it is detaining in Western New York have no criminal record.
In a response to Kennedy's July 8 oversight letter, which arrived on September 29, 76 days past his July 15 deadline, the Department of Homeland Security disclosed that 72 percent of detainees at Batavia have no criminal record. Rather than defend the expansion as a public safety measure, DHS wrote that known criminal history "is not a prerequisite for immigration enforcement action." Secretary Markwayne Mullin instead pointed to the 2024 election, writing that the department intends to deliver "mass deportations."
"This administration told the American people it was going after the worst of the worst. Now they've admitted in writing that it isn't true. More than 70 percent of the people held in Batavia have no criminal record, and DHS says that doesn't matter," said Congressman Kennedy. "It took them more than two months to answer, and they still can't keep their story straight about what they're building. Meanwhile, the calls coming into my office tell the real story. Every single day we're getting calls about people who are picked up by ICE while dropping their kids off at school or going to work. People that are here lawfully are feeling threatened and afraid. This administration must be held accountable."
"Western New Yorkers are working hard to put food on the table, keep up with their utility bills, fill their gas tanks, and afford their medical bills. Our government should be focused on making life more affordable," Kennedy continued. "Instead, the Trump administration is spending nearly $17 million to enact its cruel and inhumane agenda."
DHS's response contradicts itself. ICE's contract approval describes a "soft sided temporary detention facility," while DHS's answers refer to a "hard-sided" structure."
The department also revealed that ICE plans to hold women at the new facility and that men could be held there as well "if the needs of the service dictate."
Kennedy's letter requested all records related to the decision to build the facility, including cost estimates and communications with contractors. DHS provided a single approval memo, with pricing details and the planned number of beds redacted. It said staffing levels for the facility are "still being discussed."
In July, Kennedy warned that the Trump administration has a pattern of rapidly building soft-sided tents and makeshift detention facilities without ensuring detainee health and safety, and demanded that DHS halt construction at Batavia. He will continue to press DHS for answers and to oppose the expansion of ICE detention in Western New York.
Read Congressman Kennedy's oversight letter here.
Read Secretary Markwayne Mullin's full response here.
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