SAN DIEGO — San Diego County filed a federal lawsuit against the Trump administration on Tuesday, seeking full access to conduct a public health inspection of the Otay Mesa Detention Center after being allegedly denied the opportunity last month.

The legal action was expected after county Supervisors Terra Lawson-Remer and Paloma Aguirre gave an ultimatum last week to the Department of Homeland Security, Immigration and Customs Enforcement, and private prison operator CoreCivic — all of whom are named as defendants.

The county wanted to hear back from officials to try again for an inspection before a deadline they set last Wednesday. That request came after county health officers were granted limited access on Feb. 20, which the officers said was not enough to conduct a proper inspection.

“We’re here today to make one thing clear: the Trump administration cannot hide conditions inside the Otay Mesa detention facility,” Lawson-Remer said at a news conference Tuesday outside the San Diego federal courthouse. “If they will not allow a lawful public health inspection, a federal court will.”

The complaint argues that state law grants county health officials the authority to conduct such inspections.

The lawsuit is seeking a preliminary injunction to require the federal government to allow the county’s public health officer to fully inspect the detention center while the case is ongoing, county officials said.

“For months, we’ve heard troubling reports from inside Otay Mesa, including untreated medical conditions, freezing temperatures and contaminated food,” Lawson Remer said. “These allegations must be investigated.”

The California Health and Safety Code states that county health officers “may make additional investigations of a county jail, private detention facility, or other detention facility of the county as they determine necessary.”

“This case is about ensuring that the county can carry out its legal duty to protect the health and safety of people housed and working within the facility and the broader community that depends on us to do so,” said San Diego County Counsel Damon Brown.

The Otay Mesa Detention Center is one of seven private immigration detention facilities operating in California. It is run by Tennessee-based prison operator CoreCivic. Such facilities are also inspected by the California Office of the Attorney General under Assembly Bill 103.

“Unfortunately, what we’re seeing today reflects a broader pattern under the Trump administration where federal agencies are increasingly blocking transparency and oversight even when public health is at stake,” Aguirre said.

When asked about the lawsuit, a DHS spokesperson responded in part that, “ICE is regularly audited and inspected by external agencies to ensure that all ICE facilities comply with performance-based national detention standards.”

A CoreCivic spokesperson provided a statement but said the company does not comment on active litigation.

“The safety, health and well-being of the individuals entrusted to our care is our top priority,” said spokesperson Brian Todd. “We take seriously our responsibility to adhere to all applicable federal detention standards in our immigration facilities, including our Otay Mesa Detention Center, which is required to undergo regular review and audit processes to ensure an appropriate standard of living and care for all detainees.”

Todd added that they “work closely with our government partner to accommodate visits and inspections as appropriate and approved by ICE/DHS.”

On Feb. 20, Dr. Sayone Thihalolipavan, the county’s public health officer, attempted to conduct a planned health inspection at the San Diego immigrant detention center, but county officials said he was only given limited access.

Officials said Thihalolipavan could only view the kitchen and two medical bays. He was not allowed to review medical records, examine facility health policies, assess staffing levels or speak confidentially with detainees.

Later that day, Lawson-Remer and Aguirre arrived at the facility as part of the inspection, but they were turned away by the detention center’s staff, who argued that they needed approval from ICE.

Both supervisors said they had received written clearance in advance, yet they said they were still denied entry at the last minute on orders from the federal agency’s headquarters.

A DHS spokesperson said in a statement at the time that the supervisors were denied access because they did not abide by “proper protocol” and failed to contact ICE at least seven days in advance. “Instead, they reached out to an ICE contractor,” the spokesperson said.

Last week, Aguirre posted on social media a letter that a CoreCivic representative sent her two days before their visit, which states that “ICE has approved your entry into the Otay Mesa Detention Center to conduct an inspection of our facility.”

Brown, the county attorney, said they heard from the facility and ICE again on Thursday evening, a day after the Wednesday deadline, asking for additional information. “However, this information is not relevant and not required under the statute to provide us the access,” he said.

Other Democratic elected officials who have recently tried to conduct oversight have also been denied access. U.S. Sen. Alex Padilla was turned away on the same day that the supervisors tried to tour the facility. Similarly, last month, Rep. Juan Vargas arrived unannounced at the detention center for an inspection, something he said he had done before, but he was turned away this time.

On Jan. 8, Secretary of Homeland Security Kristi Noem issued a memo stating that members of Congress must submit requests to visit the facilities at least seven calendar days in advance. But some members of Congress insist that they have the authority to conduct inspections without prior notice, as outlined in the Further Consolidated Appropriations Act of 2024.

Noem, who will remain in her post through March 31, is named in the complaint. Last week, President Donald Trump proposed Sen. Markwayne Mullin to replace her.

Rep. Mike Levin, also a Democrat, was permitted to tour parts of the Otay Mesa Detention Center on Feb. 19 after providing advance notice. At the time, he said he was able to see the common areas, which he said looked clean. Levin said that he didn’t see many detainees because he arrived when they were being held in their cells for the headcount.

Lawson-Remer and Aguirre said they were given a copy of the DHS memo even though they explained that they were there for a public health inspection and were not members of Congress.

Elected leaders said their attempted visits were in response to reports of poor conditions. News site L.A. Taco first reported that last month, detainees had thrown lotion bottles containing handwritten notes from inside the detention center to protesters attending a weekly vigil outside to denounce the situation.

Both DHS and CoreCivic have disputed the claims.

A DHS spokesperson said Tuesday that “all detainees are provided with proper meals, quality water, blankets, medical treatment, and have opportunities to communicate with their family members and lawyers,” and that they received medical care from the moment they enter ICE custody.

“This includes medical, dental, and mental health intake screening within 12 hours of arriving at each detention facility, a full health assessment within 14 days of entering ICE custody or arrival at a facility, and access to medical appointments and 24-hour emergency care,” the spokesperson added.

Lawson-Remer said last week that a proper inspection could take six to 12 hours. This includes interviews with detainees, inspections of areas, and reviews of medical records, policies and practices.

She added that, if any violations are found, the county can issue a report and request that the facility remediate them. Then, the county would conduct another inspection to ensure that the facility met the standards.

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