THE GEO GROUP, INC., ET AL V. GAVIN NEWSOM, ET AL, No. 20-56172 (9th Cir. 2022)Annotate this Case
ICE has decided to rely almost exclusively on privately owned and operated facilities in California. Two such facilities are run by appellant The Geo Group, Inc. AB 32 would override the federal government’s decision, pursuant to discretion conferred by Congress, to use private contractors to run its immigration detention facilities.
The Ninth Circuit en banc court vacated the district court’s denial of the United States and The Geo Group, Inc.’s motion for preliminary injunctive relief, and held that California enacted Assembly Bill (AB) 32, which states that a “person shall not operate a private detention facility within the state,” would give California a virtual power of review over Immigration and Customs Enforcement (ICE)’s detention decisions, in violation of the Supremacy Clause.
The en banc court held that whether analyzed under intergovernmental immunity or preemption, California cannot exert this level of control over the federal government’s detention operations. The en banc court remanded for further proceedings. The en banc court held that AB 32 would breach the core promise of the Supremacy Clause. To comply with California law, ICE would have to cease its ongoing immigration detention operations in California and adopt an entirely new approach in the state. This foundational limit on state power cannot be squared with the dramatic changes that AB 32 would require ICE to make. The en banc court held that appellants are likely to prevail on their claim that AB 32 violates the Supremacy Clause as to ICE-contracted facilities.
This opinion or order relates to an opinion or order originally issued on October 5, 2021.