Colorado Politics

Geo Group sues Colorado over new immigration detention facility inspection law

Geo Group, the private prison company that owns the ICE detention facility in Aurora, has filed a lawsuit against Colorado to stop the enforcement of a new law requiring additional health and safety inspections of immigration detention facilities.

The suit, filed Monday in Denver District Court, lists Colorado Attorney General Phil Weiser as the plaintiff, along with Colorado Department of Public Health and Environment executive director Jill Hunsaker Ryan, the department’s environmental health and sustainability director Jeff Lawrence, and Adams County Health Department executive director Kelly Weidenbach.

Geo is seeking an injunction to block implementation of House Bill 26-1276, which would expand the state health department’s authority to conduct more frequent health and safety inspections at Colorado’s immigration detention facilities and impose fines or even revoke licenses if a facility refuses an inspection. Geo’s Aurora site is the state’s only major immigration detention center, though several temporary holding facilities operate elsewhere in Colorado.

Sponsors of the Democratic bill claimed they have seen reports of inhospitable and at times dangerous conditions in immigration detention facilities.

“As state legislators, we have a responsibility to do everything we can to keep our communities safe from the violent and unconstitutional overreach of ICE,” said Sen. Iman Jodeh, an Aurora Democrat. “We hear all too often about death, sickness, overcrowding, and other unacceptable conditions in ICE detention facilities, but there is almost no transparency. This law is about increasing oversight, ensuring frequent inspections, and protecting health and safety.”

Last week, New Jersey Attorney General Jennifer Davenport filed a lawsuit against Geo Group for allegedly denying the state’s Department of Health full access to one of its immigration detention facilities.

In the Colorado suit, Geo Group requests that the court evaluate the constitutionality of House Bill 1276, arguing that the measure’s provisions are preempted by federal law and “impermissibly attempt to directly regulate and control federal immigration operations of the United States.”

The suit argues that Colorado is asserting the power to allow state and local officials to directly regulate, and to levy civil penalties against federal facilities used to detain noncitizens awaiting removal. By doing so, the complaint says, the state is claiming regulatory authority in an area reserved exclusively for the federal government, which it contends is unconstitutional.

Geo Group also stated that HB 1276 would require it to implement “burdensome operational changes” and to breach its contract with ICE, likely resulting in termination.

In a statement issued on Tuesday, Weiser said his office was committed to defending state law and protecting the safety of immigrants.

“There are disturbing reports about unhealthy living conditions at for-profit detention camps like the GEO facility in Aurora,” he said. “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.”

The Colorado Department of Health and Environment said it does not comment on pending litigation, and the Adams County Health Department did not respond to a request for comment.


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