A Florida company, the GEO Group, is suing to overturn New Jersey’s ban on immigrant detention centers, citing the state law as a violation of the Constitution. The company’s plans for Delaney Hall, a privately-run facility in Newark, are at risk due to the ban, potentially costing GEO a contract with US Immigration and Customs Enforcement worth over $100 million. The lawsuit argues that the state’s ban interferes with federal immigration law and Congress’ intent, claiming that federal law should take precedence over state law.
Governor Phil Murphy and Attorney General Matthew Platkin are named as defendants in the lawsuit, which was filed in Trenton federal court. New Jersey’s history with immigrant detention centers has been complex, with counties making millions of dollars before the ban was signed in August 2021. Past criticisms from immigration advocates highlighted the irony of counties profiting from detaining immigrants while opposing conservative immigration policies. A federal judge previously declared the law partly unconstitutional in response to a challenge from another private firm.
GEO’s appeal will be heard by the same judge who addressed the previous case, District Court Judge Robert Kirsch. The company currently operates numerous facilities for ICE across the US, with approximately 19,000 beds in total. Despite allegations of abuse, including violence, medical neglect, and poor living conditions, GEO denies these claims and emphasizes its commitment to providing dignity and respect to detainees under its care. The company claims to offer access to medical, legal, and religious services, recreational activities, and regular meals approved by ICE and a dietician.
In New Jersey, GEO already owns Delaney Hall, which previously housed up to 450 immigration detainees from various states. In May, the US Department of Homeland Security requested information for potential detention sites, with GEO proposing Delaney Hall as a candidate. The facility has been upgraded to meet federal standards, making it a potential location for immigration detention services. However, the state ban on immigrant detention centers is seen as a significant obstacle for GEO’s plans to secure a contract with ICE for the facility.
Overall, GEO’s lawsuit against New Jersey’s ban on immigrant detention centers highlights the ongoing legal battle between federal and state laws regarding immigration policies. The company’s efforts to open a new facility in Newark are facing challenges due to the ban, which is seen as conflicting with federal immigration law. The outcome of this lawsuit, and the broader debate over immigration detention centers, will have implications for how these facilities are regulated and operated across the United States.
