Federal judge blocks Colorado law aimed at Aurora ICE detention center
Chief U.S. District Judge Daniel Domenico issued a preliminary injunction blocking key Colorado inspection rules that applied only to GEO Group's Aurora ICE Processing Center. The Trump-appointed judge found the state likely singled out a federal contractor in violation of the supremacy clause.
DENVER - A Trump-appointed federal judge temporarily blocked key parts of a Colorado law that ramped up state oversight of the state's only ICE detention center, Fox News reported.
Chief U.S. District Judge Daniel Domenico issued a preliminary injunction Thursday after finding Colorado likely overstepped by imposing new requirements that singled out GEO Group's Aurora ICE Processing Center, which operates under a federal contract.
Democratic Gov. Jared Polis signed House Bill 26-1276 on June 4. Domenico wrote that GEO showed it was singled out for a special bill that applied to no other facility. As of May, Aurora was the only Colorado site subject to the law's additional rules. The blocked provisions required unannounced inspections at least once every three months, forced GEO to pay for those inspections, and authorized civil penalties of up to $50,000 for each refused inspection.
The ruling leaned on the Constitution's supremacy clause and Supreme Court precedent that federal activities, and private contractors carrying them out, generally remain free from state regulation that discriminates against federal work. Domenico said Colorado's claim that the law merely matched rules for other private detention centers was not persuasive because HB 1276 created a separately defined set of restrictions for this federal contractor category.
Other parts of the law covering reports on chronic health conditions, dietary needs, attorney access, worship space, housing of minors, and onsite medical staff were not blocked. Colorado told the court those pieces were not being enforced and would need future rulemaking it had no immediate plan to start. The injunction ends Oct. 15, when GEO's current federal contract at Aurora expires.
Colorado Attorney General Phil Weiser called the order narrow and temporary and said existing public health and safety authority remains intact. The state separately sued GEO over a tuberculosis investigation after an active TB case was confirmed June 22, alleging the company has not provided needed records. Fox News said it sought comment from GEO and the governor's office.
Go Deeper
What did the judge block?
Unannounced quarterly inspections paid by GEO, plus fines up to $50,000 for refusing those inspections, under Colorado HB 26-1276.
Why did the judge intervene?
He found the law likely singles out a federal ICE contractor in a way that conflicts with the supremacy clause.
Is the whole law dead?
No. Reporting and staffing provisions not yet enforced were left alone. The injunction is preliminary and runs to Oct. 15.
What else is Colorado doing?
The state sued GEO over cooperation in a tuberculosis investigation after an active case at Aurora.
Who operates the center?
GEO Group runs the Aurora ICE Processing Center under a federal contract. It is Colorado's only ICE detention site.
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