The town of Social Circle’s complaint goes further than other recently filed lawsuits around the same issues, which assert that the US federal government has not carried out environmental impact assessments for proposed detention centers, as required by the National Environmental Policy Act (Nepa).

The town’s lawsuit goes on to allege that the homeland security department and ICE have also violated the federal Administrative Procedures Act (APA) – which “requires reasoned decision-making by federal agencies, including consideration of adversely affected interests and any reasonable alternatives”, according to the complaint.

Additionally, the complaint asserts that locating what ICE has called “megacenters” in the small town of about 5,000 residents would violate Georgia’s “public nuisance” law – meaning it would “harm their health, safety, and wellbeing”.

The approach shows that Social Circle “is willing to pursue a new legal theory to defend their rights, to defend their town”, said Adam Lauridsen, one of the plaintiff’s attorneys.

The innovation may prove important. “It’s significant that this is not just an environmental claim, but also raises the two other types of claims,” said Timothy D Lytton, law professor at Georgia State University. “This can frame placing these facilities in these towns in a different way.”