ICE’s New Detention Center Contracts Declare State Laws ‘Shall Not Apply’
ICE has published new contract terms for detention centers that explicitly state state and local laws do not apply to their operations. This move follows a federal judge's ruling that private prison contracts cannot override state oversight and health inspections.
Why it matters
The conflict highlights a significant legal battle over federal authority versus state-level oversight in the management of private immigration detention facilities.
The new terms were published earlier this month, a day after a federal judge ruled that a contract cannot override state law and ordered ICE’s largest Pacific Northwest detention center opened to Washington health officials.
The ruling, by US District Judge Benjamin Settle, came only after three years of litigation; 10 refused inspections, according to the state; and 3,500 detainee complaints. A Ninth Circuit judge temporarily paused the order on July 21, with a decision on a longer stay expected in early August.
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