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These Women Were Trying to Escape Domestic Abuse. ICE Detained Them Instead.

An illustration shows a woman in a red jumpsuit standing outside a detention facility near a watchtower and barbed-wire fence, with vertical shadows cast across her back like cell bars.

They were victims, not abusers. That’s what they told police officers, attorneys, visitors and anyone else who would listen. It didn’t matter. The women were all taken to a sprawling immigration detention center in the woods of west Michigan and handed thin jumpsuits — red, to mark them as a high security risk.

Inside the North Lake Processing Center, they talked about the men whose calls to police landed them there. The boyfriends or husbands who threatened to get them deported and cut them off from their children. The men, or sometimes women, who hit them, pulled their hair or choked them, bruising their throats.

They didn’t know where to go for help before, but now, in the confines of a cold cellblock in a former prison, the women helped one another. If one spoke to somebody on the outside who could connect them with advice, legal aid or money for the commissary, she’d pass around a tablet used for calls so others could tell their stories.

Migladys Bermudez, an immigration attorney in southeast Michigan, remembers a call in May from a Peruvian woman detained at North Lake. Her name was Pilar, and she’d heard about Bermudez from a fellow detainee who had been a client. Pilar told Bermudez about the boyfriend she tried to escape before her arrest, when she used makeup to cover the marks she said he left on her face. But he had accused her of being the abuser, resulting in her arrest.

Pilar handed the tablet to a Cuban woman named Leya. Over the echoes of the other detainees’ chatter, she described how her boyfriend insulted her, isolated her and gave her a black eye. Then, after grabbing him by the arm during an argument, she was the one behind bars, separated from their nursing daughter. On video calls, the girl didn’t seem to recognize her mother anymore. She stopped calling her “Mamá.”

Bermudez was taken aback. All three women in that chain — the former client, Pilar and Leya — said they were trying to get out of abusive relationships when they were arrested by local police on domestic violence allegations. In all three cases, the charges were dropped or never filed at all. The U.S. Immigration and Customs Enforcement detained the first woman during a routine check-in a few months after her charges were dropped. The others were handed over to ICE by local officials. 

It’s long been intimidating for immigrants who suffered abuse to call 911, regardless of who was in the White House. They knew — and their abusers knew — that their immigration status made them vulnerable. But previous administrations treated victims as just that, people who needed help, not as targets for deportation. Bipartisan coalitions in Congress have long supported the Violence Against Women Act, which creates a pathway toward legal status for immigrants who are victims of domestic violence or other serious crimes.

Now, under President Donald Trump, all bets are off. On inauguration day, his administration rescinded guidelines that largely prevented immigration agents from making arrests at sensitive locations — including domestic violence shelters and hospitals. About a week later, the administration eliminated key protections granted to VAWA applicants and other crime victims. For the first time in decades, immigration authorities could disregard those protections and more freely arrest, detain and deport immigrant victims.

Life became more harrowing in other ways for immigrants who were victims of domestic violence. Federal immigration agents made arrests outside specialized domestic violence courts. And the administration persuaded more and more local police and jails to carry out the president’s mass deportation campaign, sweeping still more immigrants into custody. 

Even communities without these so-called 287(g) agreements are helping the government round people up. In west Michigan’s Kent County, where Pilar and Leya were arrested, the county jail turned over more immigrants to ICE in the first six months of 2026 than it did during the entire Biden administration.

Advocates across the country say they’re seeing signs of an alarming increase in the numbers of domestic violence victims who are detained and deported. And many immigrants are staying in abusive relationships, fearful of calling for help or even stepping outside their homes.

“It’s just probably the most dangerous time for immigrant women right now who are victims of domestic violence,” said Bermudez, who took on Leya’s immigration case.

The arrest and detention of domestic violence victims is, in part, an unanticipated consequence of an effort meant to keep them safe. In much of the country, law enforcement officers are encouraged — or even required — to make an arrest when they have probable cause to believe that a domestic violence assault has taken place. Sometimes victims are mistaken as the abuser and taken into custody. Then, if they’re immigrants, they can be turned over to ICE — even if they were never criminally charged.

There’s no comprehensive way to track how often this happens or how many domestic violence victims have been detained by ICE or deported. But ProPublica spoke with a half-dozen alleged victims who were locked up together in a single facility, North Lake, and reviewed police records about others who were there, too. Their stories offer a picture of why Congress created programs like VAWA in the first place, and what’s at stake when those guardrails are taken away. 

A coalition of immigrant survivors and advocates have sued the Trump administration, saying changes to how immigrant victims are treated not only undermined public safety, but also broke promises enshrined in federal law and policy.

“We were seeing our clients be more scared, be systematically targeted, be arrested, and deported very quickly,” said Kathleen Rivas, supervising attorney of the survivors team at Public Counsel, a law firm that’s involved in the litigation.

In May, a federal judge ordered the government to restore protections while the case played out. The Trump administration has appealed the order. 

White House spokesperson Lauren Bis said in a statement that ICE is targeting the “worst of the worst.” The real story, she added, is the “American women whose lives have been taken by illegal alien criminals.” A spokesperson for the Department of Homeland Security said in a statement that “we will never apologize for deporting illegal aliens, because that’s how we save lives.”

But Leya, Pilar and other immigrants we interviewed have no criminal records. And advocates said communities are less safe now because immigrants are afraid to call police when their partners hurt them. This gives more ammunition to the threats of their abusers, said Casey Carter Swegman, director of public policy at the Tahirih Justice Center, a national nonprofit that advocates for immigrant survivors of domestic violence, sexual assault and human trafficking.

“Certainly more immigrant survivors are feeling like the violence and abuse they experience behind the closed door is somehow more tolerable than the violence and abuse they could experience if they tried to leave,” she said.

An illustration shows a close-up of a person holding a smartphone and dialing 911 on the keypad.

The first time her boyfriend’s fist slammed into her face was in July 2025, Leya recalled. They were living in Florida with his relatives. Only a month before, Leya gave birth to their daughter.

One night, she said, he heard her laugh in the kitchen with his mother and a man his mother was dating. Leya’s boyfriend flew into a jealous rage, she said, and punched her a few feet from their sleeping baby.

Leya called 911 but hung up when the operator answered. She was afraid of what might happen. She was 26; her boyfriend was a decade her senior. Leya, a recent immigrant from Cuba, had applied for status and was in active immigration proceedings. She said he was a permanent resident, with permission to work in the U.S. and better command of English. She felt trapped.

Sheriff’s deputies arrived and spoke with Leya and her boyfriend. They took photos of her puffy and bruised face, with the white of her left eye bright red. Her boyfriend said the injury occurred during an “argument,” according to the report, but he didn’t specify how. He was arrested on suspicion of domestic battery. 

Leya said her boyfriend’s mother threw her out that night. Unsure of where to go, she and her daughter moved in with another one of his relatives. Pursuing a criminal case felt daunting. She said his relatives urged her to drop the charges and reconcile with him. Eventually, she asked prosecutors to drop the charge because the battery took place in “a moment of impulse that he feels very sorry for,” records show. Her boyfriend didn’t enter a plea before the case was dismissed.

Like other immigrants interviewed for this story, Leya asked not to be fully identified because of her pending immigration case, and because she worries about repercussions for her and her daughter.

She and Pilar also asked that ProPublica not interview their alleged abusers because they’re afraid the men will interfere with their cases, hurt them or take away their children. To report their stories and get their partners’ perspective, we reviewed records from law enforcement, immigration court proceedings and habeas corpus petitions seeking their release from detention. We also interviewed attorneys, family and others who interacted with them.

Soon after the Florida arrest, Leya and her boyfriend moved to the city of Wyoming, Michigan, a suburb of Grand Rapids that’s a magnet for immigrants who come for jobs in manufacturing and food processing. The unpretentious city is dotted with temporary staffing agencies, money-wiring businesses and Mexican restaurants.

Leya said their relationship worsened. Her boyfriend pushed her, pulled her hair and broke her phone, she said. He made her delete her social media accounts and isolated her from friends and family. They fought about money and talked about breaking up. One night in April, during an argument, he called the police.

“I’m having problems with my wife,” he said in Spanish, according to a recording of the call. The operator asked if there had been any violence. “No, no, no. None,” he said. “Just a discussion.”

He told officers who came to their apartment complex that Leya got angry because he had talked to an ex-girlfriend, according to body camera footage and a police report. When he tried to leave, he said, Leya pushed him and grabbed his arm. Then she attempted to hang up his phone when he dialed 911. 

He said he wasn’t injured, though he accused her of hitting him several times a few days earlier.

Officers interviewed his brother, who mentioned the arrest in Florida, according to bodycam footage. “They had a cycle of problems where she called the police for abuse and he was detained for three days,” he said in Spanish. “My brother is trying to avoid having that happen again.”

The police report doesn’t mention the earlier arrest.

Footage of the interview with Leya was redacted due to state privacy laws, in part because she was interviewed inside their residence, unlike her boyfriend, who was interviewed outside. According to the police report, she “minimized” the argument and said there was no physical contact. She acknowledged trying to hang up the phone.

In an interview with ProPublica, Leya said they argued when she learned he sent money to his ex-girlfriend, who is the mother of his son. At the same time, she said, he had told her he couldn’t afford to buy diapers for their daughter. She said she has never hit him. 

Officers arrested Leya on suspicion of domestic assault and interfering with a 911 call. They didn’t arrest her boyfriend or seek charges against him. Leya said she didn’t tell officers she was a victim of abuse because she thought she’d be able to tell a judge.

She never got a chance.

An illustration shows a law enforcement officer wearing white gloves guiding a person’s hand to take fingerprints on an ink pad at a desk.

The Wyoming Police Department’s written policy encourages officers to make an arrest in incidents involving domestic violence “when there is reasonable cause to believe an assault was committed.”

Arrests demonstrate that “violence in the home is recognized as a serious crime,” according to Michigan’s law enforcement training manual on domestic violence. This approach is common across the country. Twenty-four states require an arrest when there’s probable cause of a domestic assault.

But domestic violence scenes can be chaotic, with both partners accusing each other of being the aggressor. It can be difficult for officers to understand what happened, said Erin Ross, a former domestic violence prosecutor who works at the national nonprofit Vera Institute of Justice. Sometimes, the wrong person ends up in handcuffs.

“The complexity of DV situations can thus lead to survivors being criminalized by the very system meant to protect them,” Ross and her co-authors wrote in a 2025 report about the effects of arrests on domestic violence survivors. 

The Vera report doesn’t touch on immigration. But Ross and a dozen other domestic violence advocates across the country told ProPublica that immigrants who don’t speak English or understand their rights are, under the Trump administration, especially vulnerable to an arrest that can have irreversible consequences.

ProPublica reviewed hundreds of habeas corpus petitions filed nationwide since January 2025, in which immigrants challenged their ICE detention on constitutional grounds. We found dozens of petitioners who were arrested on suspicion of domestic violence and turned over to ICE, even though they were never charged or their charges were dropped. Using jail and police records from Florida and Michigan, as well as news reports, we identified even more cases.

In their petitions, several immigrants said that officers mistook them for the aggressor. The underlying arrest records show that officers often had to make close calls in messy cases where it was unclear who was the victim and who was the aggressor. Either way, under Trump, there’s little grace for immigrants. 

In one case in Florida, a state where sheriff’s offices cooperate with immigration authorities, a deputy came upon a Venezuelan couple arguing in the street in November 2025. In his report, the deputy said the woman pulled at her husband’s pants, necklace and arm, leaving marks on his body. The woman said her husband had taken her keys and phone. She didn’t want to be left stranded, she said, so she ran after him.

She was charged with misdemeanor battery; her husband wasn’t charged. The woman was turned over to ICE while the case was pending. Prosecutors later dropped charges. The sheriff’s report didn’t mention any allegations of prior domestic violence, but the woman later said that, during their marriage, her husband had beaten her and threatened to kill her. In her habeas corpus petition, she said she was “afraid to report the abuse to the police.” 

The woman was released in May, but during the five months she was incarcerated, her husband took their daughters out of state, her attorney told ProPublica. She still hasn’t seen the girls in person.

For Leya, it was a shock to find herself handcuffed, sitting in the back of a police cruiser, headed toward the Kent County jail. She was silent during the 15-minute ride, unable to make sense of what had just happened: “I had suffered from domestic violence,” she said. “But the one who ended up in trouble was me.” 

The next day, a detective asked the prosecutor’s office to file charges against her. Prosecutors declined to do so, saying there was insufficient evidence, there were no injuries and Leya hadn’t successfully interfered with the phone call. 

Still, she wasn’t released.

Leya had no criminal history, apart from this arrest, according to a DHS record. But her fingerprints had been run against state and federal databases, flagging ICE officials who could match them with her prints from when she arrived in the U.S. In addition, Leya said, a jail official asked about her status, and she told him she was waiting for an immigration court hearing. 

ICE issued a detainer, essentially asking the jail to hold Leya until agents could pick her up. Kent County officials honored their request. A day later, Leya was at the detention center in the woods.

An illustration depicts the dark silhouette of a person sitting inside a car parked outside a gated detention facility with a prominent watchtower in the background.

She cried in despair over her daughter. They’d never been separated. The 80 miles between Wyoming and North Lake seemed infinite. Her breasts ached from the drying milk. Leya wondered whether she’d be deported and if their separation would be permanent. 

From a narrow window in her cell, she saw people outside holding signs, protesting ICE. She could hear their chants in English. Though she had trouble understanding them, she felt comforted by the care of strangers. 

Inside, she familiarized herself with the routines. She spent most of her time in a large, open room with other women in red. Cameras eyed them as they talked about their children and upcoming court dates. They shared contact information for relatives in their home countries in case one of them got deported and had nowhere to go. To pass the hours, they watched telenovelas, played rounds of Uno and pieced together jigsaw puzzles of forests and farms.

Leya grew close to a few women from Latin America and Eastern Europe who said they, too, had been in abusive relationships. Several had called police for help, records show. A Honduran woman said her partner tried to choke her. A Dominican woman said her husband, a U.S. citizen, hit her, pulled her hair and chased her with a stick.

Then there was Pilar, Leya’s first cellmate. The asylum seeker from Peru had also been arrested on suspicion of domestic violence in the city of Wyoming.

Pilar, her boyfriend and her teenage daughter called 911 five times in the 15 months before her arrest, records show. On one occasion, Pilar’s daughter said she worried that the boyfriend would hurt her mom; according to bodycam footage, Pilar assured officers that everything was fine. On another, the man said he experienced mental abuse and wanted to find a shelter. On yet another, Pilar said she just wanted him to leave.

None of these calls ended in an arrest. Officers ensured that the boyfriend had another place to stay when he sought help, and they told Pilar to call back if he tried to return and hurt her, according to the footage. They advised the couple to go to civil court for future disputes over money and property.

In an interview with ProPublica from North Lake, Pilar, 48, said that her boyfriend took financial advantage of her and physically assaulted her. And in her habeas corpus petition, she described the relationship as one of “physical, mental, psychological, economic abuse.” Her sister took a photo of the bruises around Pilar’s neck and feared the worst. “I would tell her to leave that man,” she said. 

Pilar said she was ashamed to go to her job at a food-processing plant with bruises on her face. She wondered what her co-workers would think. She distanced herself from relatives and friends. Pilar said she never told the police the full story because she worried about the possible repercussions — not for herself, but for her boyfriend. She didn’t want him to be deported. Despite everything, she loved him and felt he loved her. 

One night in October 2025, her boyfriend drove up to their apartment complex in a rental car. The couple argued in the parking lot. He called 911.

“I need police,” he said over and over in English.

Pilar called moments later: “This man is leaving my house and he’s not giving me my keys,” she screamed in Spanish. “This man has hurt me. He has scratched my whole arm.”

When officers arrived, they separated the couple. The boyfriend said that Pilar slapped his head, grabbed his shirt and tried to pull him out of the car while he was in the driver’s seat, according to bodycam footage and the police report. One side of his T-shirt was torn. He said he never assaulted Pilar and any injuries were her own fault. “I’ve never hit her,” he said in Spanish.

He told officers that he’d become a U.S. permanent resident two months earlier and that Pilar was jealous. “She is making this up because she knows she can get papers,” he said.

Pilar insisted she was the victim. She showed officers the scratch marks on her arm and said her boyfriend was to blame. She begged them to make him return the apartment keys, according to bodycam footage and a police report. “I’ve been trying to kick him out for a while and he won’t leave, and he doesn’t want to help pay the rent,” she said in Spanish.

An officer asked how her boyfriend’s shirt got ripped. Pilar said she grabbed onto him when he started driving away in order to avoid being dragged by the car. The officer asked her several more times about the ripped shirt. Pilar told him she wanted to speak to a lawyer. 

In their report, police noted that the boyfriend had called 911 first. His shirt was ripped. Pilar’s wasn’t. If the boyfriend had thrown her down, the officer wrote, then her shirt should have been ripped because he was “much taller and heavier (around 80lbs more).”

Her boyfriend wasn’t arrested. Pilar was.

Wyoming Public Safety Chief Kip Snyder declined to speak about the arrests of Pilar or Leya. In an email to ProPublica, he said officers don’t “participate in enforcing federal immigration laws. We encourage trust and cooperation with all residents and aim to ensure that everyone feels safe reporting crimes or seeking assistance.”

Shortly after Pilar’s arrest, a police detective asked the prosecutor’s office to file domestic violence charges against both her and her boyfriend.  

Prosecutors declined to file any charges, citing insufficient evidence. Pilar wasn’t released. Apart from this arrest, she had no criminal history, according to DHS records. She also had a pending asylum case.

Still, ICE put a detainer on her and jail officials turned her over.

An illustration shows the dark profile silhouette of a woman visible through the vertical barred window of a heavy cell door.

A few years earlier, Kent County Sheriff Michelle Lajoye-Young said a handoff like this wouldn’t happen.

In 2019, she announced that deputies would stop automatically honoring detainers and instead require warrants signed by a federal judge or magistrate. The move came after a U.S. citizen — a Marine combat veteran — was transferred from her jail into ICE custody.

“There needed to be a judicial oversight inserted into that process to give us the assurance that somebody wasn’t erroneously detained without due process,” Lajoye-Young said around that time. 

Trump called Kent a “sanctuary jurisdiction.” The label haunted the county, which in the 2016 election voted for Trump. A national think tank that aims to reduce immigration put Kent County on its list of sanctuary communities, while Republican state lawmakers tried to compel its cooperation with federal authorities.

Yet it’s unclear whether Lajoye-Young ever delivered on her promise. ProPublica requested copies of all department policies, procedures, memos and instructions on how it handles ICE detainers since 2018. None said a judicial warrant was needed. ProPublica also asked for copies of judicial warrants for Pilar and Leya. The county said no such records exist.

Lajoye-Young, who retired last week, declined interview requests. Sgt. Scott Dietrich, a spokesperson for the sheriff’s office, didn’t directly answer questions about whether the policy was ever implemented. But in a statement he said that detainers are “handled under applicable law and established policy, consistent with our commitment to public safety, due process, and fair and impartial enforcement.”

Gema Lowe, an organizer with the local chapter of an immigrant rights group, said the sheriff had backtracked on her promise and wasn’t being forthright. “I don’t understand why they’re being secretive,” she said.

The shift deepened the mistrust among immigrants in a county with one of the state’s fastest-growing immigrant populations. Lowe, an immigrant herself from Mexico, said she advises victims to think twice before reporting domestic violence to the police because of the risk of arrest and deportation, while pointing them to other local resources like shelters. 

She and others said the stakes are especially high now. ICE arrests have skyrocketed under Trump. Nobody is off limits, including immigrants with pending asylum claims and no criminal records.

And more local authorities are helping ICE make arrests. In January 2025, fewer than 150 state and local law enforcement agencies had signed 287(g) agreements with DHS to help carry out the president’s deportation agenda. That number has ballooned to more than 2,600 today. 

“Partnerships with law enforcement are critical to having the resources we need to arrest criminal illegal aliens across the country,” a DHS spokesperson said. “We have had tremendous success when local law enforcement works together with us.”

Kent County doesn’t have a 287(g) agreement. Still, the jail hands over the vast majority of people with detainers to ICE, records show. Dozens of people who were turned over to ICE this year had their criminal charges dropped, or, like Pilar and Leya, were never charged in the first place. 

Dietrich said the dismissal of a criminal charge “does not, by itself, mean the original arrest lacked probable cause.” The sheriff’s office also doesn’t “determine whether criminal charges are ultimately prosecuted, nor does it determine whether an individual is deported,” he said.

DHS told ProPublica in a statement that both Leya and Pilar “illegally entered the country” in 2022 and that both “will receive due process” in their immigration proceedings.

Kent County Prosecutor Chris Becker said he hadn’t heard of victims getting detained by ICE after calling the police. In his experience, he said, more perpetrators with active cases get deported.

Becker said he tries to get the message out that his team serves all victims, regardless of their immigration status. He’s aware that immigrants are reluctant to seek help. His own staff has told him that victims are afraid to testify or file restraining orders. They don’t want their partners — often the breadwinners and the fathers of their children — to be deported.

“There’s been a chilling impact to women coming forward in domestic violence situations due to what’s going on,” Becker said.

An illustration shows handcuffed individuals being escorted up the stairs into an airplane on a tarmac under the supervision of uniformed officers.

As the months passed at North Lake, Leya watched as women she befriended started to leave.  

Some were deported, including at least two Mexican women who were also arrested in Kent County on suspicion of domestic violence. Others were released. New women took their cells. Some told Leya that they, too, had been arrested after 911 calls about domestic violence.

Leya fought for her freedom. She met with volunteers from Kent County, who raised money to hire her lawyers and pay for a required physical exam and fees. Even her ex-boyfriend, the one who she said gave her a black eye, wrote a letter on her behalf to help her case, calling her “a calm person.” He explained that he had called the police after their argument “escalated” and that “problems are situations that can happen in any relationship.”

Leya, he added, “deserves a second opportunity to remain in this country and be close to our daughter, as our baby truly needs her very much.” While Leya was locked up, their little girl celebrated her first birthday, got her first teeth and took her first steps.

At virtual hearings, Leya sat with her arms crossed, her dark, wavy hair neatly braided in cornrows and wearing an oversized coat over her red uniform. She tried to follow the discussion of people who seemed to have her life in their hands.

In late August, a judge granted Leya bond. While her immigration case played out, she could be free.

It was a profound relief. At the same time, it felt awful to leave behind her friends. It seemed like some of them were never getting out. Pilar was approaching a year in detention.

Four months after her arrest, Leya walked out of the old prison. She thought about how she would live on her own now and support her daughter.  

She promised herself she wouldn’t go back to the man who hurt her. 

The post These Women Were Trying to Escape Domestic Abuse. ICE Detained Them Instead. appeared first on ProPublica.

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New Mexico and El Paso Spent Millions on Climate Plans. Three New Data Centers Could Undo Them.

An expansive aerial view reveals a vast construction site in a desert landscape, featuring a large red crane surrounded by neatly arranged building supplies, earthmoving paths and distant mountain ranges.
Meta is building a massive data center on the northeast edge of El Paso, Texas, on the New Mexico border. Paul Ratje for ProPublica and The Texas Tribune

Last December, New Mexico officials celebrated publication of a plan to address climate change, designed to dramatically reduce the state’s greenhouse gas emissions by 2050. A few months later, just across the state line in Texas, El Paso city officials adopted their own such plan with a similar ambition. 

Each report cost millions of dollars to draft, but neither one took into account how the construction of data centers could upend climate goals in both places. 

Work is underway in Doña Ana County in southern New Mexico on one of the largest data center developments in the country: Project Jupiter, built by Austin-based Oracle. Twenty miles away in El Paso, construction is underway on another massive data center, this one built by Meta Platforms. 

A third, larger data center project is planned less than a 30-minute drive from the Meta site, on the Fort Bliss Army post in east El Paso.

The data centers are “going to undo a lot of the very expensive and very meaningful work a lot of people are doing,” New Mexico state climatologist Dave DuBois told El Paso Matters.

The sites are among a wave of data centers under construction across the country, driven by the rapidly escalating demand for artificial intelligence services like Claude and ChatGPT. Such projects have drawn intense scrutiny in recent months, as residents and elected officials have questioned their impact on communities’ water supplies, household electric bills and air quality. Texas alone has 596 data centers that are either in operation or planned across Texas as of early September, according to research by The Texas Tribune. 

But the projects located in this population center of 1.2 million, which encompasses El Paso and parts of southern New Mexico, are particularly notable because of their combined scope. When fully built out, the three data centers, each with its own power plant, will emit millions of tons of greenhouse gas emissions, equivalent to the planet-warming emissions released by more than two million cars in a year.

They will also release air pollutants like particulate matter and nitrogen oxides, which directly affect local air quality and human health. The Meta and Project Jupiter data centers are expected to release these kinds of pollutants at relatively low levels, according to paperwork submitted to state regulators. But even a small increase in air pollution can still negatively impact communities close to and downwind of the data center sites, said Shaolei Ren, a professor of electrical and computer engineering at University of California, Riverside. 

“The health impacts can be significant for local communities,” Ren said.

Because Project Jupiter, Meta and the Fort Bliss data centers are in two different states, and because there is no single federal regulation governing climate change or emissions, regulators have largely considered the projects’ impacts separately.

“We’ve never had a national climate law passed by Congress,” said Ari Peskoe, director of the Electricity Law Initiative at Harvard Law School. “And so what we’ve had in this country are primarily state and local efforts.”

The result is that officials in one state have little say over a project happening minutes away from them. 

Texas and New Mexico also take different approaches to dealing with climate change. New Mexico has codified greenhouse gas reduction targets into state law; Texas has not.

A truck sprays water across a dusty, wide-open excavation site with cranes and mountains visible in the background.
A truck sprays water for dust suppression at the construction site of Project Jupiter in Santa Teresa, New Mexico.

New Mexico state Rep. Sarah Silva, a Democrat, represents the community of Chaparral, directly across the state line from Meta’s data center site in northeast El Paso. Her state has the power to regulate air quality and impose noise requirements, but only in New Mexico, not at a Texas construction site, even if it’s only a few hundred yards away. 

Likewise, residents living in west El Paso across the state line from Project Jupiter have no say in the project despite sharing an aquifer that crosses the state boundary. Emissions do not remain within the state where they originate, Silva said.

“This is why we need federal regulation,” said Silva. “How do we knit something together that makes sense for our region when actually this is the job of the federal government?”

Though they profess a desire to mitigate the impacts of climate change, local governments in El Paso and Doña Ana counties green-lit these projects in a part of the country seeing rapidly rising temperatures. The counties offered Meta and Project Jupiter tax incentives in exchange for corporate investment in their communities, job creation and, hopefully, the ability to attract more technology companies to the region. 

State officials have also provided incentives. More than a decade ago, Texas legislators approved a data center sales tax break, which exempts the facilities from paying sales tax on equipment they purchase, a decision that could now cost the state $3.2 billion in revenue over the next two years, according to The Texas Tribune. 

New Mexico lawmakers declined to advance a bill creating a similar tax break for data centers in 2021. But in 2025, they passed an unrelated law allowing large facilities such as Project Jupiter to generate their own electricity using natural gas. The law exempts these private power systems, known as microgrids, from renewable energy requirements, even as New Mexico requires electric utilities to source 50% of the power they sell from clean energy by 2030. 

The power plants that keep data centers running typically produce large amounts of emissions like carbon dioxide and methane that drive global climate change over time. Combined, the plants proposed for Project Jupiter and Meta’s data center could emit up to 10 million tons of planet-warming emissions annually. Comparatively, the region spanning El Paso County and neighboring Hudspeth County released 8.4 million tons of greenhouse gases in 2019. (The Army has shared scant information about the Fort Bliss data center, so it’s not clear what level of emissions the facility will produce.) 

“This does add to our greenhouse gas emissions in a massive way,” said Gunnar Schade, an associate professor of atmospheric sciences at Texas A&M University. “This is a huge source.”

An aerial view shows a massive industrial construction site with large building foundations and steel frameworks set across a wide desert landscape.
An aerial view captures a sprawling desert community with roads cutting through sparse terrain, scattered homes and mobile residences leading toward distant mountain ranges.
Homes in Chaparral, New Mexico, sit adjacent to Meta’s data center, just over the state border in El Paso, Texas.

An Unprecedented Amount of Energy

Silva, the New Mexico representative, was initially supportive of Project Jupiter, in part seeing it as an opportunity to create long-term jobs. Last year, she voted in favor of a bill that included an amendment — tacked on by state Sen. Michael Padilla, a Democrat from Albuquerque — that allows facilities like Project Jupiter, which aren’t connected to the local power grid, a 20-year exemption from clean energy laws, allowing them to generate all their electricity with fossil fuels. 

“We worked this bill pretty much the entire session, but it did not quite get done. So, we found a piece of legislation that was very similar,” Padilla said in an interview last year. “That’s the legislative process. You have to be very creative to get your work done.”

But Silva soon soured on the project out of concern that it won’t employ enough local workers and because it won’t rely on zero-emission renewable energy. Oracle has said the data center will have 750 full-time employees when it’s up and running. The company told Doña Ana County officials in early September that nearly 3,700 people had worked at the site during construction up to that point. 

Silva and other state lawmakers have said they voted for Padilla’s bill without realizing the broader implications for a data center project in the southern part of the state. 

“State regulators, state legislators, I think, were so caught off guard at the speed at which these hyperscale data centers showed up in all of our communities almost simultaneously,” Silva said. “I would support a moratorium.” 

A portrait of a woman with dark curly hair and glasses, wearing a red plaid button-down shirt and blue jeans, standing outdoors in a desert landscape with her hands on her hips.
New Mexico state Rep. Sarah Silva was initially supportive of Project Jupiter but has soured on the project over time.

The amount of energy Project Jupiter needs is unprecedented in the region: The data center will receive electricity from an on-site power plant made up of fuel cells built by a company called Bloom Energy. Bloom has said the plant will have the ability to produce up to 2.45 gigawatts of electricity — enough to power around 1.5 million homes and more than El Paso Electric has ever supplied to its 465,000 residential and commercial customers at one time, according to the utility’s corporate reports.

New Mexico Gov. Michelle Lujan Grisham, a Democrat, has specifically lauded Oracle’s promise to use fuel cells for electricity instead of natural gas turbines, which would have used more water and produced more air pollution. However, an air permit — a state-granted license that authorizes industrial facilities to emit a predetermined amount of pollution — would allow the fuel cells to produce up to 8.8 million tons of greenhouse gas emissions per year. Lujan Grisham didn’t address questions from El Paso Matters about the impact of these additional climate emissions.

The Meta power plant in El Paso could release up to 1.3 million tons of climate emissions every year, according to an estimate calculated by El Paso Matters based on El Paso Electric regulatory filings and the Environmental Protection Agency’s emissions factors. Nancy L. Seidman, a senior adviser with the Regulatory Assistance Project, a nonpartisan nonprofit focused on energy policy, confirmed the emissions estimate is sound.

“Regulators should weigh all emissions and other impacts like water usage, noise and local air pollution, which can affect public health, when they make decisions about data center projects,” Seidman wrote in an email to El Paso Matters. “This is particularly important when projects are phased over time, so that an accurate account can be made of the total, holistic impacts.”

The data center planned for Fort Bliss is expected to use 3 gigawatts of electricity that would likely be supplied by natural gas turbines, according to officials with the Department of Defense, who shared details with reporters during a briefing in April. The Army has issued few other details about the project because it is still in “exclusive negotiations” with the developer, Carlyle Group, a large publicly traded private equity firm.

Carlyle Group did not respond to a request for comment. 

“These are cities in terms of their electricity consumption,” Peskoe, of Harvard Law School, said of AI hyperscale data center campuses such as Oracle’s and Meta’s. The facilities are cropping up so fast that “the pace of this and the scale of this — I think there’s no real parallel, at least for 50, 60, 70 years, but probably ever for the U.S. power industry.”

Facilities in New Mexico seeking a state air permit are required by law to disclose estimated amounts of air pollutants and greenhouse gas emissions the project will release. And the state Environment Department has spent months evaluating Project Jupiter’s air permit application, which was submitted in April. A spokesperson for the environmental department didn’t respond to emailed questions.

By contrast, the Texas Commission on Environmental Quality only requires project developers to disclose information about pollutants that affect local air quality, and not about greenhouse gas emissions, which are what contribute to climate change. 

So when El Paso Electric sought an air permit last fall for the Meta data center’s natural gas power plant, the utility didn’t have to share estimated greenhouse gas emissions. The Texas commission approved the permit 20 days after it was filed, following an expedited review. 

Meta directed questions about its data center’s power plant to El Paso Electric. The electric company declined to share estimates of the plant’s greenhouse gas emissions but said in a statement that the Texas environmental commission had reviewed and authorized the Meta power plant “under a standard permit, which is specifically for projects with limited and well-controlled emissions.” The statement said the facility will “operate in compliance with state and federal standards.”

A spokesperson for the agency said, “All Standard Permits have gone through formal notice and comment procedures and have been adopted by the Commission in a public meeting.”

These plants will be releasing large amounts of greenhouse gases even as climate change has become increasingly evident in the El Paso metro area, which sits where Texas’ westernmost boundary meets New Mexico and northern Mexico. El Paso’s temperatures have risen faster than those of almost any other city in the U.S. since 1970, according to Climate Central, a nonprofit that quantifies climate shifts throughout the United States. Drought driven by climate change has amplified the impact of wind storms that fill the air in El Paso with hazardous dust in the spring and summertime.

This year has been the hottest on record in El Paso through the first nine months of 2026, according to the National Weather Service. Similar records have been set across the state line in New Mexico.

“If we started to do these kinds of things — having big data centers with natural-gas-fired turbines — it’s kind of like bringing back a lot of the retired plants that were more dirty, like coal,” said DuBois, the New Mexico state climatologist. 

Fernando Berjano, El Paso’s climate coordinator, wouldn’t comment specifically on effects resulting from the data centers in the region, but he said the kinds of power plants tied to them produce greenhouse gases that will make it harder for the city to meet its climate goals, as well as produce air pollutants.

If emissions increase in the El Paso area, “that has an impact on air quality, that has an impact on pollution,” Berjano said, “which is something that we all know is not good.”

An elevated view captures a sprawling construction site filled with large steel structures, heavy machinery and prominent yellow and red cranes set against a mountain backdrop at dusk.
Construction at the Project Jupiter data center in Santa Teresa, New Mexico

The Road Ahead for Data Centers

Although construction is already underway on the Project Jupiter and Meta data centers, regulatory hurdles remain for both facilities. The public hearing on the Project Jupiter air permit was scheduled to begin Sept. 14, but the New Mexico Supreme Court delayed it when opponents filed lawsuits challenging the state’s approval process and the facility’s use of groundwater. 

The state Supreme Court last month lifted the stay. New Mexico more recently appointed an examiner to preside over the hearing that would authorize the facility’s emissions. Other legal challenges are making their way through the court system. 

In Texas, El Paso Electric is still waiting for the state’s Public Utility Commission to approve construction of the power plant planned next to Meta’s data center, a decision that could come later this year.

Officials with both Project Jupiter and Meta have said they are taking steps to help mitigate the climate effects of their projects and plan to develop clean energy projects elsewhere to create new electricity sources and offset the greenhouse gases their data center power plants will release. Oracle also maintains that its emissions will be lower than what it sought in its air permit application and that it plans to get to net zero greenhouse emissions by 2031. 

“Oracle is committed to building Project Jupiter responsibly and incorporating community feedback into our planning,” the company said in a statement. 

A crowd gathered under a covered outdoor pavilion holds up printed signs with slogans like, "Don’t mess with our water," "Not in anyone’s backyard," and “El agua es vida.”
Protesters rally against the construction of data centers in their region.

The road ahead for data centers is unclear. Even once-supportive officials have softened or changed course: Last year, Lujan Grisham, New Mexico’s governor, said Project Jupiter “reaffirms New Mexico’s leadership in global trade, advanced manufacturing, and digital infrastructure.” In Texas, Gov. Greg Abbott at one point called his state “the epicenter of AI development.” 

Now, amid growing opposition to Project Jupiter, Lujan Grisham recently said she takes seriously residents’ concerns about the data center “and expects any data center operating in New Mexico to meet the state’s rigorous environmental standards and use water responsibly.” This summer, Abbott called on the Texas Public Utility Commission to ensure the projects pay for their own infrastructure and don’t lead to higher electricity costs for residents. He also recommended the state Legislature pass a number of regulations related to data centers next year, many concerning water and electricity usage, and recently told the Texas Water Development Board to penalize data centers that do not report their water usage. 

Abbott’s new edicts do not address air pollution or climate change, nor the effects that a data center project in one state can have on another. 

Texas Democratic state Rep. Joe Moody, whose district includes much of west and northeast El Paso, near two of the data center projects, said Abbott’s proposals will likely shape the Texas Legislature’s debate over data-center-related policies next year but called them just a starting point. 

“In the governor’s directives, we’re not talking about local control and local autonomy to make decisions on these projects,” he said. “And I do think that that’s a whole other lane of conversation that we’re going to get into next session.”

The post New Mexico and El Paso Spent Millions on Climate Plans. Three New Data Centers Could Undo Them. appeared first on ProPublica.

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