Federal Judge Blocks Washington State’s Stricter Oversight of For-Profit Immigration Detention Center

TACOMA, Washington – A federal judge has blocked the enforcement of a Washington state law aimed at improving conditions and oversight at the only for-profit immigration detention facility in the state. U.S. District Judge Benjamin Settle’s decision on Friday provides relief to Geo Group, the owner of the Northwest Immigration and Customs Enforcement (ICE) Processing Center in Tacoma, which houses around 1,575 beds and is one of the largest facilities of its kind in the United States.

The Washington law required private detention facility operators to maintain regular cleanliness and hygiene standards, provide detainees with personal hygiene items at no cost, and offer nutritious meals. It also allowed unannounced inspections by state officials, gave detainees the right to sue over conditions, and authorized civil fines for violations. However, Geo Group sued Governor Jay Inslee and state Attorney General Bob Ferguson, claiming that the law targeted their facility while exempting state-run facilities from stricter oversight.

In a 64-page decision, Judge Settle ruled that the law “impermissibly discriminates against Geo” by imposing greater requirements on federal contractors like Geo Group than on state-run facilities. The judge emphasized that while Washington has a legitimate interest in protecting public health and safety, it cannot enforce unconstitutional laws to address its concerns. Governor Inslee and Attorney General Ferguson have not yet responded to requests for comment on the ruling.

The Tacoma facility has faced complaints from detainees and human rights advocates regarding unsanitary conditions, food safety, and medical care. Hunger strikes have even been reported among some detainees. According to the American Civil Liberties Union, over 90 percent of the approximately 30,000 people held daily in ICE detention are housed in privately-run facilities.

Geo Group, based in Boca Raton, Florida, owns, manages, or leases more than 100 correctional facilities, immigration detention centers, and treatment facilities across the country. The case is Geo Group Inc v Inslee et al, and it is being heard in the U.S. District Court for the Western District of Washington under case number 23-05626.