Plan for immigration detention cells at Federal Building on hold

This post is one in a partnership between the Rochester Beacon and veteran reporter Gary Craig, featuring articles published on his Substack site.

The plan to build immigration detention cells at the downtown Kenneth B. Keating Federal Building is on hold as federal officials respond to concerns raised by city and state officials.

Despite some reports to the contrary, no construction has begun at the federal building, which houses federal courtrooms and other offices. U.S. Customs and Border Protection wants to move its current facility at Pattonwood Drive in Irondequoit to the Federal Building, where space that once held a post office is now vacant.

A state agency charged with protecting historic properties is now scrutinizing the proposal.

“The New York State Historic Preservation Office (SHPO) is reviewing documentation submitted by the U.S. General Services Administration (GSA) related to the potential effects to a historic property, the Kenneth B. Keating Federal Building, that would occur under its proposals to renovate and harden spaces within the building,” state officials said in a statement in response to questions.

I have filed a Freedom of Information request for correspondence between SHPO and GSA, the latter which manages federal properties. If there is new information there, I’ll follow up.

It appears that GSA has maintained that the proposal will have “no adverse effect” on historic properties, but SHPO and others have raised questions about this determination. It’s possible, if not likely, that some of those questions are the same as ones posed by city officials.

In August City Corporation Counsel Patrick Beath wrote to SHPO officials, stating: “The City of Rochester believes that a lease to the U.S. Customs and Border Patrol that, as the City understands it, would include a dog kennel and overnight detention cells, is contrary to the underlying purposes of historic preservation, and, therefore, would have an adverse effect on the historic value of the Keating Federal Building.

“The Keating Federal Building at 100 State Street is listed on the State (Historic) Register.”

As I wrote in March, the proposal for CBP to move into the federal building is not new and has been proposed for more than five years. However, the current proposal, though presented as the same as earlier, has significant differences—namely, the original proposal did not include plans for overnight detainees.

Here is that post: New Border Patrol detention proposal significantly different than original

In his letter Beath also wrote: “As recited in the (Keating) deed, the building was to be used for purposes consistent with the Genesee Crossroads Urban Renewal plan, and as such was ‘limited to public court and office buildings.’ While the deed imposed that condition for forty years, that same use condition continues to be preserved via listing on the State Register exactly because it was a part of the Urban Renewal plan.”

(The impacts of that Urban Renewal plan from the 1970s, which altered the appearance of a major chunk of downtown, is an entirely separate conversation.)

The city raised other objections, saying the CBP plan is not aligned with the federal building’s historic and intended use.

“For the foregoing reasons, it is the position of the City of Rochester that the proposed construction of detention cells and a canine kennel are inconsistent with the purposes of historic preservation of the Keating Federal Building and that such uses should not, therefore, be undertaken at this location,” Beath wrote in the Aug. 16 letter to SHPO.

SHPO also considers the federal building a contributor to the historically designated downtown “Four Corners – Genesee Crossroads Historic District,” which prompts its review of the CBP proposal.

This Rochester Business Journal story notes that the district was nominated for a designation because “it is representative of the historical changes, architectural trends and community development experienced in downtown Rochester between 1821-1977.”  (Story here: Rochester’s Four Corners district nominated for historic registry)

The issue is whether the project must undergo what is known as a Section 106 review under the National Historic Preservation Act. Federal officials have argued that federal courthouses often contain holding cells and this proposal, which adds cells, is no different.

The changes will affect less than10 percent of the building’s interior, federal officials have contended, and make no alterations so significant that a review under NHPA is required.

Asked about the proposal, a GSA spokesman provided the statement given by federal officials in the spring.

“The Court approved CBP’s occupancy as a compatible tenant five years ago. The Court recently raised concerns about CBP’s occupancy, citing a mission change. Subsequently, CBP met with the Court and stated that its mission and plans for use of the space have not changed.

“GSA has a directive from the President to consolidate space. If CBP does not move forward with filling this vacant space, a costly lease would likely have to be signed while the existing space remains vacant. We will continue to partner with the Court, USMS (Marshals Service) and FPS (Federal Protective Service) to ensure all parties can achieve their mission and that occupants and visitors to the Keating Federal Building are safe.”

Gary Craig is a Rochester Beacon contributing writer. A retired Democrat and Chronicle reporter, he now writes on Substack.

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