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ICE’s New Detention Center Contracts Declare State Laws ‘Shall Not Apply’
['Dell Cameron', 'Caroline Haskins', 'Noah Shachtman', 'David Gilbert', 'Maddy Varner', 'Vittoria Elliott', 'Miles Klee', 'Emily Mullin', 'Molly Taft']
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US Immigration and Customs Enforcement is moving to place its private detention network beyond the reach of state inspectors, publishing draft contract terms that declare state and local laws “shall not apply” to the facilities, according to federal documents reviewed by WIRED.
Settle ordered the operator of Tacoma’s immigration detention center to admit Washington state health inspectors, ruling that nothing in the company's federal contract barred them and that no contract could override state law in any case.
The next morning, on July 10, ICE published draft contract terms for 5,500 detention beds in four regions of the country—including language declaring that state and local laws “shall not apply” to the facilities' operations.
“Preemption requires Congressional intent, not a contract,” Settle responded, “and GEO's new contract cannot preempt state law, even if it purports to.”
GEO’s securities filings show the Colorado and Florida contract terms end in October and September, respectively.