Von Herrmann v. Super. Ct.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The Facility and Related Entities and Contracts The Facility is an immigration detention facility in Calexico. The Facility was constructed and is privately owned by Imperial Valley Gateway Center, LLC (Owner). Effective September 12, 2014, ICE and the City entered into a contract (the ICE–City Contract) under which the City agreed to “provide detention services for detainees” at the Facility as they awaited federal administrative immigration proceedings.2 It appears from the appellate record that the ICE–City Contract terminated on September 21, 2019. The ICE–City Contract allowed the City, with ICE’s approval, to “subcontract[ ] the detention and care of detainees to another entity.” In such

The ICE–City Contract is formally known as “EROIGSA-14-0002 Intergovernmental Services Agreement Between the United States Department of Homeland Security U.S. Immigration and Customs Enforcement Office of Enforcement and Removal Operations and City of Holtville.” The parties refer informally to this contract in their briefing as the “IGSA.” For simplicity and to distinguish it from other relevant contracts, we refer to it as the ICE–City…