Washington state officials have gone to federal court seeking to force private prison company GEO Group to allow health inspectors into the Tacoma immigrant detention center. Governor Bob Ferguson and Attorney General Nicholas Brown announced they had filed for a preliminary injunction to prevent the company from obstructing inspections. "Enough is enough," Brown said, flanked by religious leaders and immigrant advocates, stressing that people are suffering in the facility and inaction is no longer acceptable.
The facility, known as the Northwest Detention Center, is the state’s only private immigration facility and has been operated by GEO Group since 2004. In the U.S., the federal government often contracts with private companies to run immigration centers because it is considered more cost-effective. Notably, Washington state banned private prisons for criminal inmates in 2022, but that ban does not apply to federal immigration centers because they are under federal jurisdiction.
Since 2023, Washington’s Department of Health inspectors have tried to enter the center 10 times but were denied each time. The most recent attempt was April 20, when inspectors sought to investigate complaints about the foul taste and smell of drinking water and a possible Legionnaires’ disease risk due to a malfunctioning water system. GEO Group directed the inspectors to the ICE office in Seattle, but there was no response from there. "I don’t believe we are ever going to get an answer," inspector Joseph Laxon told the court.
Those refusals persist despite the state having already won a legal victory against GEO Group. In 2023, Governor Jay Inslee signed a law giving the Washington State Department of Health authority to conduct regular inspections of immigration facilities, including checks of living conditions, sanitation, and access to medical care. Previously, such inspections were carried out only by federal agencies, creating a conflict of interest since those same agencies were responsible for contracts with private operators. The new law changed the balance by allowing the state to independently assess compliance with health and safety standards. GEO Group sued, arguing the state had no right to regulate a federal contractor’s activities, but the U.S. Court of Appeals for the Ninth Circuit — the largest of the 13 federal appeals courts and known for its progressive rulings on immigration rights — lifted a temporary injunction in August 2024, affirming the state’s authority. The company unsuccessfully sought rehearing.
The Tacoma center has been under intense scrutiny for years over horrific conditions. More than 3,500 complaints have been filed: nearly 1,000 relate to water, food and air quality. Detainees say they have found burned plastic, metal wires, splinters, hair and insects in their food. Another 900 complaints concern lack of medical care. The situation is so dire that some immigrants opt for voluntary deportation rather than remain in the center, losing hope of rescue.
“They give up,” says Malu Chavez, executive director of the Northwest Immigrant Rights Project (NWIRP) — the leading nonprofit legal organization in Washington that provides free legal services to immigrants and refugees. NWIRP is actively involved in litigation against GEO Group, including this case over inspections. Other local groups, such as OneAmerica, Washington Immigrant Solidarity Network and the King County Immigrant and Refugee Rights Task Force, also work to defend immigrant rights. Chavez notes that people’s mental and physical health are deteriorating to the point that they are willing to forego protections in the U.S. The center has already seen hunger strikes and suicide attempts: in 2018 one detainee took his own life. Conditions worsened especially after the Trump administration launched a large-scale crackdown on illegal immigration.
Under the 2023 law, GEO Group is required to provide detainees with hygiene items, clean bedding, fresh fruits and vegetables, free communication, as well as air conditioning and heating. The state has the power to fine the company for violations, but so far has chosen to pursue cooperation. "Our goal is to do this right so people are safe," said Lauren Jenks, assistant secretary for environmental health, offering technical assistance in developing a water management plan.
Governor Ferguson declined to comment on potential criminal charges against GEO Group for now: "First we need to get inside." The Ninth Circuit’s decision took effect March 4, and the company has until mid-May to seek review from the U.S. Supreme Court. A hearing date for the state’s new motion has not yet been set, but officials say they are determined: they intend to obtain access to the center at any cost.
Based on: WA seeks to force ICE facility owner to allow state health inspections