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A federal judge has issued a ruling that prevents Washington state from implementing the majority of a law designed to enhance oversight and enhance living conditions at the state’s sole privately operated, for-profit immigration detention center.
On Friday, U.S. District Judge Benjamin Settle issued a preliminary injunction that will be advantageous for Geo Group, the owner of the Northwest Immigration and Customs Enforcement (ICE) Processing Center in Tacoma.
The facility boasts a staggering 1,575 beds, making it one of the largest centers of its kind in the entire country.
Private detention facilities in Washington are mandated by law to ensure regular cleaning and sanitization of living areas. In addition, detainees must be provided with personal hygiene items like soap, toothbrushes, and toothpaste, all at no cost. Furthermore, these facilities are required to offer detainees nutritious and balanced diets.
State officials were granted the authority to conduct surprise inspections under the law. Additionally, detainees were given the right to file lawsuits regarding their conditions. The law also established civil fines of $1,000 per violation per day.
In July of last year, Geo filed a lawsuit against Governor Jay Inslee and state Attorney General Bob Ferguson. The lawsuit was in response to a law that had been implemented two months prior, which Geo claimed unfairly targeted them while exempting state-run facilities from stricter regulations.
In a 64-page decision, Settle stated that the law unfairly discriminates against Geo by placing stricter obligations on federal contractors like the Boca Raton-based company compared to other state constituents in similar situations.
In his ruling, Judge Settle emphasized that although Washington had a genuine concern for safeguarding public health and safety, the court would not allow the state to enforce laws that were deemed unconstitutional. He made it clear that the state cannot use unconstitutional laws as a means to address public policy concerns.
The judge is located in Tacoma.
Inslee’s and Ferguson’s offices were unavailable for comment as of Sunday.
Geo expressed its satisfaction with the decision and emphasized its commitment to providing secure residential care services to the federal government in accordance with all relevant standards. The Tacoma facility has faced complaints from detainees and human rights advocates regarding issues such as sanitary conditions, food safety, and medical care. There have also been reports of detainees going on hunger strikes.
According to the American Civil Liberties Union, approximately 90% of the daily average of 30,000 individuals held in ICE detention are accommodated in privately operated facilities. This estimation was made in July of last year.
Geo is the proud owner, manager, or leaser of over 100 correctional facilities, immigration detention centers, and treatment facilities.
The case, Geo Group Inc v Inslee et al, is currently being heard in the U.S. District Court, Western District of Washington, with the case number 23-05626.
Jonathan Stempel, reporting from New York, has edited the work of Aurora Ellis and Lincoln Feast.
