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Judge blocks tighter Washington state oversight of immigration detention center
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Judge blocks tighter Washington state oversight of immigration detention center
Mar 10, 2024 7:17 PM

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 preliminary injunction issued 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," Settle wrote.

The judge is based in Tacoma.

Inslee's and Ferguson's offices did not immediately respond

to requests on Sunday for comment.

Geo said it was pleased with the decision, and "committed to

continue providing the federal government with contracted secure

residential care services in accordance with all applicable

federal standards."

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% 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.

(Reporting by Jonathan Stempel in New York; Editing by Aurora

Ellis and Lincoln Feast.)

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