GEO Group, the corporation that operates immigrant detention facilities nationwide and in Colorado, filed a lawsuit against the state Monday to stop enforcement of a new law that requires regular health and safety inspections of immigrant detention facilities.
House Bill 1276 was one of the only immigration-related bills Democrats passed and signed into law during the most recent legislative session. Other proposals failed to get enough Democratic support and Senate Bill 5, which would have given people more authority to sue in state court over federal immigration enforcement violations, was vetoed by Gov. Jared Polis. The governor argued it was crafted too narrowly.
In GEO’s lawsuit against state health and safety inspections and potential civil fines, it said that the law exceeded the state’s authority.
This story was produced as part of the Colorado Capitol News Alliance. It first appeared at cpr.org.
“These provisions are preempted by federal law and impermissibly attempt to directly regulate and control federal immigration operations of the United States,” the lawsuit contends. “That violates the Supremacy Clause of the United States Constitution and also impairs GEO’s contracts with the U.S., in violation of the Constitution’s Contracts Clause,” according to the lawsuit.
GEO is asking for declaratory and injunctive relief and/or the court to stop the state from implementing and enforcing various provisions in the legislation.
The company has not yet responded to CPR’s request for comment.
Also named in the suit are two officials with the Colorado Department of Public Health and Environment, Jill Hunsaker Ryan, its executive director, and Jeff Lawrence, who directs its sustainability division. Kerry Weidenback, the executive director of the Adams County Health Department is also named in her official capacity.
Neither agency nor Polis’ office has yet responded to a request for comment. Polis signed HB 1276 into law on June 4.
The law would authorize additional state health inspections of immigrant detention facilities. It would also require new training for police officers on Colorado laws related to complying with federal immigration enforcement.
Democrats who hold a majority in the legislature passed the bill last month largely along party lines.
The legislation was amended at the governor’s request to take out a provision that would have made it illegal for state agencies to comply with immigration enforcement subpoenas, the Colorado Capitol News Alliance reported last month.
An immigrant rights group criticized the lawsuit.
“HB26-1276 was passed and signed into Colorado law to ensure that immigrants were treated with dignity while awaiting their immigration decisions,” the Colorado Immigrant Rights Coalition said in a statement. “For decades, we’ve heard horrific reports of dangerous, inhumane conditions inside the GEO detention facility in Aurora. A private, for-profit detention center. Colorado wants to ensure that this facility abides by basic safety standards: clean food and water, humane conditions, and adequate medical services.”
The statement noted that before implementation could even begin, GEO Group filed a lawsuit.
“That is an admission that GEO understands they are not meeting those standards. GEO would rather fight in court than fix the life-threatening conditions inside their own facilities,” the statement said.
About a third of people in immigration detention in the country are in facilities run by GEO Group, according to reporting from NPR. About half its revenue comes from its contracts with U.S. Immigration and Customs Enforcement, the outlet reports, and the corporation also operates state prisons.
Colorado Attorney General Phil Weiser, a Democratic gubernatorial candidate, said in a written statement that there are disturbing reports about unhealthy living conditions at for-profit detention camps like the GEO facility in Aurora.
“Meeting basic health and safety requirements and being transparent about facility conditions are necessary for the humane treatment of immigrants who are going through civil immigration proceedings. We’re committed to defending state law and protecting the safety of immigrants,” Weiser said.
This story was produced by the Capitol News Alliance, a collaboration between KUNC News, Colorado Public Radio, Rocky Mountain PBS, and The Colorado Sun, with support from news outlets throughout the state. Startup funding for the Alliance was provided in part by the Corporation for Public Broadcasting.