GEO Group sues blue state over law requiring immigration detention center safety checks

The private company that operates the sole immigration detention center in Colorado sued state officials Monday over a new law that requires frequent health and safety inspections at the site.

The GEO Group, which operates the 1,530-bed federal detention center in Aurora, filed the lawsuit in Denver-based federal court on Monday against Attorney General Phil Weiser, two officials with the Colorado Department of Public Health and Environment and Kerry Weidenback, the executive director of the Adams County Health Department. The company claims that the new law, House Bill 26-1276, “imposes direct burdens and requirements on facilities used in immigration operations” and runs against federal authority.

“The state claims the authority to empower state and local officials to directly regulate—and impose civil penalties on—facilities used by the United States Government to securely detain noncitizens who are subject to removal from the country. Thus, the state claims the authority to exercise state regulatory power over an area that is exclusively the province of the United States Government. It cannot do so under the Constitution,” the lawsuit says.

Gov. Jared Polis signed the law last week. It was one of the only immigration-related bills to make it through the legislative process this year, after a bill to regulate officer behavior died in committee and Polis vetoed a measure to allow people to sue officers over alleged constitutional violations. The law requires CDPHE to inspect the Aurora facility at least every three months to ensure compliance with food, water and medical safety standards. It allows a $50,000 penalty if GEO denies state officials access.

Though the facility in Aurora is currently the only immigration detention center in Colorado, federal officials have eyed a dormant prison in Hudson for a new site. GEO has a contract for that new operation.

In the lawsuit, GEO lays out the federal safety regulations it must comply with to maintain its contract with the Department of Homeland Security and U.S. Immigration and Customs Enforcement, and it argues that the standards outlined in the law “create obstacles to Congress’ purpose of creating a uniform federal framework for the detention of aliens pending removal.” Additionally, the company alleges that the frequent and potentially unexpected inspections will increase the cost and administrative burden of running the facility.

The company is asking the court to declare the sections of the law related to detention facilities in violation of the contracts and supremacy clauses and prevent the state from enforcing it.

Lawmakers pursued HB-1276 following years of complaints around the facility’s conditions, including a report this year that details personal stories about poor nutrition and medical delays.

In a statement, Weiser said his office is committed to defending the law.

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

Colorado Newsline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Colorado Newsline maintains editorial independence. Contact Editor Quentin Young for questions: [email protected].