March 10 (Reuters) - A federal judge blocked Washington
state from enforcing most of a law intended to boost oversight
and improve living conditions at the state's only privately-run,
for-profit immigration detention facility.
Friday's decision by U.S. District Judge Benjamin Settle
will benefit Geo Group ( GEO ), the owner of the Northwest
Immigration and Customs Enforcement (ICE) Processing Center in
Tacoma.
The center has about 1,575 beds, and is among the largest
such facilities in the country.
Washington's law required operators of private detention
facilities to regularly clean and sanitize living areas; provide
detainees with personal hygiene items such as soap, toothbrushes
and toothpaste at no cost; and offer nutritious, balanced diets.
The law also let state officials conduct unannounced
inspections, gave detainees a right to sue over conditions, and
provided for civil fines of $1,000 per violation per day.
Geo sued Governor Jay Inslee and state Attorney General Bob
Ferguson last July, two months after the law took effect,
claiming it was being singled out while Washington spared
state-run facilities of tighter oversight.
In a 64-page decision, Settle said the law "impermissibly
discriminates against Geo" by imposing greater requirements on
federal contractors such as the Boca Raton, Florida-based
company, than on similarly situated state constituents.
Despite's Washington interest in protecting public health
and safety, "the court will not permit the state to enforce
unconstitutional laws so that it can seek to address the public
policy concerns that gave rise to those laws," the judge wrote.
Inslee's and Ferguson's offices did not immediately respond
to requests on Sunday for comment. Geo and its lawyers did not
immediately respond to similar requests. The judge is based in
Tacoma.
Detainees and human rights critics had long complained about
sanitary conditions, food safety and medical care at the Tacoma
facility. Some detainees have gone on reported hunger strikes.
More than 90 percent of the average 30,000 people held daily
in ICE detention are housed in private facilities, the American
Civil Liberties Union estimated last July.
Geo owns, manages or leases more than 100 correctional
facilities, immigration detention centers and treatment
facilities.
The case is Geo Group Inc ( GEO ) v Inslee et al, U.S. District
Court, Western District of Washington, No. 23-05626.