Colorado ICE detention law blocked over GEO Group contractor rights


NEWYou can now listen to Fox News articles! A Trump-appointed federal judge dealt a blow to Colorado’s effort to increase oversight of an ICE detention center by temporarily blocking key provisions in a state law after finding that the state likely exceeded its authority. Chief U.S. District Judge Daniel Domenico issued the preliminary injunction Thursday, ruling that Colorado likely crossed a constitutional line in a state law by imposing new requirements specifically targeting GEO Group’s Aurora ICE Processing Center, which operates under a federal contract and is the state’s only ICE. detention center.”Here GEO has shown that it is subject to a special bill that does not apply to any other center,” Domenico wrote. “The fact that other facilities may have similar regulatory burdens does not change the fact that none of them are required to comply with HB 1276. As GEO points out, the extent of the additional burden is irrelevant for the purposes of this test.” (Hyoung Chang/The Denver Post via Getty Images) Colorado Democratic Gov. Jared Polis signed House Bill 26-1276 into law on June 4, expanding state and local oversight of immigration detention centers. In his order, Domenico noted that GEO’s detention center in Aurora was the only facility in Colorado subject to the law’s additional regulations as of May. “And while Colorado argues that the law only brings GEO into compliance with existing state regulations applied to other detention centers, that law singles out this category of facilities for a separately defined set of restrictions and rules,” Domenico wrote. “And that is enough to establish that HB 1276 discriminates against GEO because of its status as a federal contractor.” FEDERAL JUDGE BLOCKS NEW YORK LAW BANNING ICE AGENTS FROM WEARING MASKS The immigration detention center operated by private group GEO for U.S. Immigration and Customs Enforcement (ICE) is shown in Aurora, Colorado. (Jim West/UCG/Universal Images Group via Getty Images) The blocked provisions required unannounced inspections of the facility at least once every three months, and GEO will have to pay for the inspections. The law also authorized civil penalties of up to $50,000 for each refusal to allow an inspection. “At least some of the burdens of this bill are unique,” Domenico wrote. “The requirement for a certain number of unannounced visits, for example, does not appear anywhere else. And the state recognizes that the penalty system is not imposed on other facilities.” Colorado argued that the law simply placed GEO on equal footing with other private detention centers. But Domenico said that if the state had required immigration facilities to follow the same regulations that govern facilities that carry out state policies, that argument “could be persuasive.” CONTRACTORS AFTER MONTHS OF ACTIVIST PRESSURE The ruling relied heavily on the Constitution’s Supremacy Clause. Domenico cited Supreme Court precedent that states that federal government activities generally must remain free of state regulation and that protections can extend to private contractors that carry out federal operations. Colorado’s new law also sought to give the state authority to impose additional reporting and staffing requirements. Those provisions include possible annual reports on people with chronic illnesses and disabilities, dietary restrictions, access to attorneys and access to places of worship. The law also addresses the housing of minors and requires medical and mental health professionals on site. An Immigration and Customs Enforcement (ICE) agent stands in front of a large American flag. (Charly Triballeau/AFP via Getty Images) Domenico did not block those provisions because Colorado told the court they were not currently enforced and would require a future rulemaking process, which the state said it had no immediate plans to begin. The preliminary injunction will end on October 15, when GEO’s existing federal contract to operate the Aurora facility expires. IMMIGRANTS Democratic Colorado Attorney General Phil Weiser said the ruling was only a minor victory for GEO. “Today’s ruling granted GEO Group a limited, temporary injunction against a provision of a new 2026 law, not the broad relief it sought, and leaves Colorado’s existing public health and safety authority intact,” Weiser said in a statement Thursday. “Separately, our lawsuit filed yesterday seeks to enforce that existing authority and require GEO to cooperate with the state’s investigation into tuberculosis at the Aurora facility, and we will continue to use all available tools to protect the health and safety of Coloradans.” Colorado sued GEO on Wednesday, seeking to force the company to comply with a public health order stemming from a tuberculosis investigation at the Aurora facility. Health officials confirmed an active case of tuberculosis there on June 22, but the state alleges that GEO has not provided the records and cooperation necessary to determine the extent of possible exposure. CLICK HERE TO DOWNLOAD THE FOX NEWS APP The state argues that its authority to investigate communicable diseases predates HB 26-1276 and remains intact, despite Domenico’s decision to temporarily block the law’s new inspection requirements. Fox News Digital has reached out to GEO and Polis’ office for comment. Elaine Mallon is a writer for Fox News Digital and Fox Business covering national politics.