Federal Lands Used for Migrant Housing: A Probe into DHS’s Role and Potential Legal Issues

The ongoing immigration crisis at the U.S. southern border has led to a surge in the number of migrants arriving in the country, with record numbers encountered in December 2023 and the first quarter of fiscal 2024. Amidst this crisis, the Biden administration has leased federal property in Gateway National Recreation Area’s Floyd Bennett Field, managed by the National Park Service (NPS), to the local government for temporary housing of migrants. However, this decision has raised concerns from House Republican leaders regarding the role of the Department of Homeland Security (DHS) in the process and potential legal issues.

In a letter sent to DHS Secretary Alejandro Mayorkas on January 22, 2024, Natural Resources Committee Chairman Bruce Westerman and Rep. Paul Gosar, who chairs the panel’s oversight subcommittee, expressed their deep concern over the Biden administration’s decision to lease NPS land for use as a migrant encampment. They cited interviews with federal officials who confirmed DHS’s involvement in the decision to house migrants at Floyd Bennett Field, despite the land being managed by the Department of the Interior (DOI) and NPS.

According to the letter, DHS intervened to ensure Floyd Bennett Field in New York City’s Brooklyn borough would be leased to the local government for migrant housing. However, the land is managed by the DOI and NPS, and a senior DOI official told congressional investigators that they “did what DHS asked us to do” when they moved forward with the plan last year.

The Republican lawmakers are concerned with the role DHS played in the process, particularly as Mayorkas described it in letters to New York Gov. Kathy Hochul and New York City Mayor Eric Adams. In August 2023, Mayorkas sent letters to the officials, hitting back at them over their handling of the surge of migrants in New York City and imploring them to accept a lease DOI sent for the temporary use of Floyd Bennett Field to house migrants.

Weeks later, on September 15, 2023, DOI and the local parties executed the agreement to lease portions of Floyd Bennett Field’s property. Officials then constructed temporary housing on land along the shore of Jamaica Bay. However, the Republicans have pointed out that, prior to the decision to lease the property, Hochul noted that the DOI had itself argued such an action would likely violate federal laws. The governor, who has called for federal assistance in dealing with her state’s migrant influx, remarked one month prior that officials told her office “they do not allow for use of shelter on any of their properties.”

The ongoing investigation by the Natural Resources Committee comes as migrants continue to flood the southern border in record numbers and Republicans call for the Biden administration to make structural reforms to secure the border. In December 2023, more than 302,000 migrants were encountered attempting to cross the U.S. southern border, by far the largest single month figure ever recorded. The number also brought fiscal 2024 first-quarter numbers to 785,000 encounters, the highest number ever recorded.

DHS didn’t immediately respond to a request for comment.

The use of federal lands for migrant housing raises several legal and ethical questions. The National Park Service Organic Act prohibits the use of NPS lands for commercial enterprises, and the temporary housing facility at Floyd Bennett Field could be considered a commercial enterprise. Additionally, the National Environmental Policy Act requires federal agencies to review the environmental impacts of projects and proposals on federal land before approval. It is unclear whether the White House Council on Environmental Quality allowed DOI to bypass this process.

The housing facility erected at Floyd Bennett Field has been heavily criticized by migrants as inhumane, with thousands of migrants at the encampment being evacuated earlier this month and sent to a New York City high school, forcing the school to cancel in-person classes.

The ongoing investigation by the Natural Resources Committee is an important step in addressing the legal and ethical issues surrounding the use of federal lands for migrant housing. It is crucial that the Biden administration is held accountable for its actions and that the rule of law is upheld. The American people deserve transparency and accountability from their elected officials, and the Natural Resources Committee’s investigation is a step in that direction.

In conclusion, the use of federal lands for migrant housing raises several legal and ethical questions, and the ongoing investigation by the Natural Resources Committee is an important step in addressing these issues. It is crucial that the Biden administration is held accountable for its actions and that the rule of law is upheld. The American people deserve transparency and accountability from their elected officials, and the Natural Resources Committee’s investigation is a step in that direction. The ongoing immigration crisis at the U.S. southern border requires structural reforms to secure the border and uphold the rule of law. The use of federal lands for migrant housing is just one aspect of this complex issue, and it is important that all sides come together to find a solution that is in the best interests of the American people.