New Washington law targets private detention centers
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The Northwest ICE Processing Center in Tacoma is run by The GEO Group, a for-profit company. Photo: Jason Redmond/AFP via Getty Images
A new Washington law seeks to increase state oversight of privately run detention facilities, including the Northwest ICE Processing Center in Tacoma.
Why it matters: The law — which Washington Gov. Bob Ferguson signed Monday — is the latest salvo in a battle over whether state officials can inspect and regulate the immigration detention center, which is run by a for-profit company, The GEO Group, under a federal contract.
Zoom in: The newly signed law allows the state Department of Health to inspect privately run detention facilities at any time to ensure they are meeting minimum standards, including for food safety, access to medical care, and adequate running water.
- Facilities that don't meet those standards can be fined up to $10,000 per violation, or up to $1 million in total.
- The law included an emergency clause, causing it to take effect immediately upon receiving Ferguson's signature.
State of play: Last month, U.S. Rep. Emily Randall (D-Bremerton) told reporters the Northwest ICE Processing Center in Tacoma held more than 1,300 people, which she described as a sharp increase from previous months.
Yes, but: Right now, the state Department of Health isn't inspecting conditions inside the facility, with state officials saying they have previously been denied entry.
- Since June 2023, the department has received more than 1,500 complaints about the Tacoma detention center, many of which concerned medical issues, water quality or availability, and unsanitary living conditions, according to data provided by the department.
Catch up quick: In 2023, Washington lawmakers passed a similar law mandating state inspections of private detention facilities.
- But a federal judge struck down much of the law last year, ruling it "impermissibly discriminates against GEO" and its Tacoma facility. The state is appealing that ruling.
Between the lines: The new law expands the definition of privately run detention centers, so that it will apply to at least one other facility — Martin Hall, a juvenile detention center in eastern Washington that is run by a not-for-profit.
What they're saying: In an emailed statement to Axios, The GEO Group said it considers the newly signed legislation unconstitutional.
- "We believe that any effort by a state to regulate a federally contracted facility is wrong under federal case law and the Supremacy Clause of the United States Constitution," the company said Monday.
What we're watching: Whether the new Washington law sparks another legal challenge.
Editor's note: This story was updated to include a new response from The GEO Group.
