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WASHINGTON — Immigration and Customs Enforcement is taking more and more steps to avoid oversight by local and state authorities of immigration detention centers amid growing complaints alleging unsanitary and unsafe conditions at the facilities.

The efforts to sidestep laws in California and elsewhere take many forms. In some instances, contracts have been changed to declare that the centers are simply not subject to certain local or state laws.

In other instances, ICE has purchased facilities owned and operated by private companies. Though the companies continue to run the centers holding thousands of detainees, federal ownership could aid their defense in the event of legal action.

George Zoley, the chief executive of GEO Group, which contracts with ICE to run detention centers in California and across the country, said as much to company shareholders this year. In an earnings call in May, he said that ownership bolsters the facilities’ protection from “unwarranted litigation” around medical care and other detention conditions.

The federal ownership strategy has become particularly crucial, he said, “as some blue states are considering more active involvement in oversight of facilities.”

Local oversight has taken on greater significance since the Trump administration hollowed out federal offices that were charged with investigating civil rights and safety issues at detention centers and began restricting visits by members of Congress. A recent analysis by the Project on Government Oversight found detention center inspections under the second Trump administration have increasingly resulted in “superior” grades.

Eunice Cho, a former American Civil Liberties Union attorney and an expert in immigration detention, called ICE’s efforts a “naked strategy” to evade local scrutiny of detention centers.

“This is a huge sea change in the way that immigration detention is expanding and hardening in the United States,” she said, adding that “this was every advocate’s nightmare scenario.”

In California, state leaders once attempted to shut down privately run detention centers and, after losing, resorted instead to proposing other oversight measures. California is home to eight ICE detention centers with a combined capacity of nearly 9,000 people.

State laws allow monitoring and investigation of the facilities by the California Department of Justice and local health authorities.

A 2021 law allows people to sue for damages when private detention center operators fail to follow the care standards laid out in their contracts. Starting in January, another law will require independent medical investigations into deaths in law enforcement custody, including in immigrant detention facilities.

Several bills are being considered by the California Legislature that would further regulate detention centers. Among them are bills that would authorize the California attorney general to bring civil action and impose fines to protect detainees’ constitutional rights and require the disclosure of public records, such as 911 calls from the facilities.

Recent attempts to limit California’s oversight actions haven’t been successful. CoreCivic turned San Diego health inspectors away from the Otay Mesa Detention Center in February, but after legal action the visit took place in June.

Another oversight battle concerns the rights of detainees who work at a facility, perhaps as a janitor, for $1 per day.

GEO Group recently settled with California regulators after a years-long fight over workplace health and safety violations. The settlement affirmed that immigrants who perform work while detained are considered employees.

Weeks earlier, ICE released new detention standards in June declaring that detainees who participate in the voluntary work program aren’t employees “and are not entitled to wages or benefits under applicable wage laws or labor regulations.”

Because the new standards will take effect as contracts are established or modified, the rules don’t yet apply to existing facilities in California, though they were implemented at a new facility in Minnesota.

An ICE spokesperson did not respond to questions but said the agency consulted with a variety of stakeholders, including facility operators, while revising its standards. The spokesperson, who did not provide their name in an emailed statement, said the agency consistently looks for ways to improve detention facilities to ensure they provide detainees the best care.

“ICE is regularly audited and inspected by external agencies to ensure that all ICE facilities comply with performance-based national detention standards,” the spokesperson wrote, adding that “ICE has higher detention standards than most U.S. prisons that hold actual U.S. citizens.”

An oversight battle involving changes to contracts is also playing out in other states.

For the last three years, GEO Group has blocked Washington health officials from inspecting the Northwest ICE Processing Center near Seattle despite 3,500 complaints from detainees about black mold, unsafe drinking water and substandard medical care.

A previous contract for the facility stated that services must comply with “federal, state and local laws and standards. Should a conflict exist between any of these standards, the most stringent shall apply.”

But in March, ICE and GEO Group established a new contract that says the opposite — that “applicable or more stringent state or local laws or regulations shall not apply.”

A federal district judge, rejecting that contract provision, ruled last month that GEO Group must let health inspectors in, writing that “GEO’s new contract cannot preempt state law, even if it purports to.” That decision is now paused under appeal.

But this week, GEO Group had a court victory in Colorado, where a federal judge prevented the state from enforcing a law that requires unannounced public health inspections of detention facilities and stiff penalties for refusal. Colorado health officials wanted to investigate a tuberculosis case at the Aurora ICE Processing Center near Denver, but have been refused entry and records.

The judge wrote that GEO Group’s contract with ICE “plausibly” requires the company to follow only state laws that existed when the contract was signed. At GEO Group’s suggestion, the judge’s order remains in effect until Oct. 15, when the contract expires.

Meanwhile, ICE appears to be trying a different route to apply the same restrictive contract language to the facilities near Seattle and Denver, among others.

Last month, the agency posted a solicitation with draft contract terms seeking 5,500 detention beds in Colorado, Florida, Pennsylvania and Washington. The locations and requirements match four existing GEO-owned facilities where operating contracts are set to expire in the coming months. During a shareholder call earlier this month, Zoley, the GEO Group CEO, indicated that the four facilities could also be sold off to the federal government while the company would continue to operate them.

The facilities would be governed by the new 2026 detention standards and include terms that mirror those from the Northwest facility’s contract, that stricter state or local laws “shall not apply.”

Zoley said ICE is contemplating buying more than 10 facilities, and that number “could continue to grow.”

GEO Group’s main competitor, CoreCivic, recently sold four detention centers to ICE — two of them in California — for a combined $2.2 billion. Spokesman Ryan Gustin said the facilities were valuated using independent appraisers and federal acquisition standards “to determine objective fair market value.”

ICE paid for them using $45 billion approved by Congress for ICE detention last year, enough for the agency to meet the administration’s goal of 100,000 detention beds. ICE is about 30,000 beds shy of meeting that goal.

Among more than 200 facilities ICE now relies on nationwide (most being local jails) are 36 privately owned detention centers. Those facilities hold the vast majority of detainees.

A Homeland Security spokesperson previously told The Times that it’s crucial for ICE to own detention centers on the West Coast so the agency can maintain the detention capacity it needs.

“Unlike in states like Florida and Oklahoma, ICE can not rely on local state and county partners for detention space in California,” the spokesperson said last month. “The state’s sanctuary politicians continue to push legislation to outlaw or make private prisons financially [unfeasible].”

GEO Group didn’t respond to a request for comment. Gustin, of CoreCivic, said its facilities operate under substantial government oversight, including “on-site government personnel, regular audits and inspections, detention-standard reviews, independent accreditation processes, and routine visits by government officials, attorneys, families and community representatives.”

How much power the federal government would be required to grant states is an open question if more facilities become federally owned, even if private companies continue to run the day-to-day operations.

Claire Trickler-McNulty, a former Homeland Security official who led efforts to reform detention standards, said federal ownership of detention facilities isn’t, on its face, a bad idea. If the goal was to own facilities that would be needed long term, she said, the agency could slowly transition to staffing those facilities with its own employees and cut out the need for private contractors.

Trickler-McNulty said federal ownership of detention centers could make state oversight “slightly more complicated.” But that doesn’t mean the centers can be operated without any review.

“I don’t think it shields the government from liability in total,” she said. “If the government owns a facility whose negligence causes harm or death in the government’s custody, I don’t think you can just buy away liability.”

In 2023, California regulators levied more than $100,000 in fines against the private operator of a federal immigration facility, kicking off a three-year battle over whether detainees who do work at the facilities should be considered employees.

The question went beyond semantics: If considered employees, the detainees would be subject to state worker protection laws.

A legal settlement announced this week now affirms that private immigrant detention facilities are subject to California’s workplace safety and health requirements.

“Every worker deserves a safe and healthy workplace and should be able to report workplace hazards without fear of retaliation,” said Denisse Gómez, spokesperson for the California Division of Occupational Safety and Health or Cal/OSHA.

“Individuals who perform work in these facilities are entitled to workplace safety protections, and this settlement reinforces Cal/OSHA’s commitment to enforcing those protections and safeguarding vulnerable workers,” she added.

Under the settlement between California and the GEO Group, a Florida-based private prison company, the company recently withdrew its legal challenges and agreed to pay more than $100,000 in the fines.

The GEO Group did not respond to requests for comment.

Back in 2023, Cal/OSHA issued $104,510 in fines against the GEO Group. The agency had found six violations of state code by the company after detainees complained about a lack of protective equipment and proper training while cleaning the facility for $1 per day.

Detainees alleged they routinely wiped black mold off shower walls at the facility, saw black dust spew from air vents and used cleaning solutions that lacked instructions during the COVID-19 pandemic.

The biggest fine levied against the GEO Group was for failure to establish and maintain “effective written procedures to reduce employee risk of exposure to aerosol transmissible disease.”

Advocates viewed Cal/OSHA’S recognition of the detainees as workers as a victory that could pave the way for future labor rights fights at other detention centers in the state.

But the GEO Group appealed, arguing that detainees participating in ICE’s voluntary work program make their own schedules and aren’t employees, so hazard exposure couldn’t be “as a result of assigned duties,” as California law states. Plus, the company argued, there wasn’t enough evidence that detainees were exposed to any hazard.

Early last year, the state’s Occupational Safety and Health Appeals Board rejected the GEO Group’s argument and found that detainees should be considered “affected employees.”

The GEO Group sued, but three days before a California Superior Court hearing in May, the company and Cal/OSHA reached the settlement.

Along with paying the fines, the GEO Group agreed to draft plans for avoiding aerosol transmissions at 12 secure and reentry facilities in California, including five detention centers that hold immigrants.

“GEO ensures detainees are afforded the necessary tools, equipment, and personal protective equipment … to safely and effectively perform any necessary tasks,” the settlement states.

Gómez said the settlement also leaves intact the appeals board’s ruling that civil immigration detainees who participate in work programs can participate in proceedings anonymously, “acknowledging the potential for retaliation when individuals raise workplace safety concerns.”

But the question of whether detainees are employees and deserve certain protections isn’t entirely resolved — at least not for the federal government.

Last month, U.S. Immigration and Customs Enforcement released new standards for detention facilities across the country. The revised guidelines “emphasize that detainee volunteers participating in the voluntary work program are not considered facility and/or government employees” and thus not entitled to labor regulations.

Attorney Mariel Villarreal said the timing of the new detention standards made her question whether the GEO Group had asked ICE to specify in its standards that detainees are not workers in response to its battle with Cal/OSHA.

“To me, it’s a reaction to this very settlement,” she said. Villarreal works for the California Collaborative for Immigrant Justice, which filed the original complaint on behalf of detainees who said they worked in unsafe conditions.

Villarreal pointed to a Washington Post report that GEO Group executives privately asked ICE to specify that detainees are not employees of the facilities where they work. Two top Trump administration officials, border czar Tom Homan and acting ICE director David Venturella, previously worked for the GEO Group.

New versions of ICE detention standards take effect as contracts are established or modified, so this year’s rules won’t immediately apply to every facility.

An ICE spokesperson did not comment about the settlement. The spokesperson, who did not provide their name in an emailed statement Wednesday, said the agency has begun transitioning detention facilities to meet the 2026 standards, “building on its longstanding commitment to safe, secure, and professional detention operations.”

“ICE has consistently implemented many of these best practices independently, reinforcing its role as the leader in detention operations,” the spokesperson added.

The GEO Group and other immigrant detention center operators have faced other legal battles over workers’ rights, including lawsuits in Washington, Colorado and California over the $1-per-day payment.

Villarreal said she’s confident that the Cal/OSHA settlement would continue to hold even if California facilities incorporated the new standards. But she said she believes the statements are an attempt by the GEO Group to “sidestep responsibility” and avoid the possibility of being fined under similar circumstances in other states.

“These statements in the new standards are a way for them to try and preserve profits as much as possible,” she said. “GEO and ICE are so intertwined at this point that they have the same motives.”

The Dodgers’ decision to deny U.S. Customs and Border Protection agents access to Dodger Stadium wasn’t the way the team intended to first address the surge of federal immigration enforcement a year ago.

Pressed by religious, labor and community leaders to take a stand, the Dodgers had prepared a response to Immigration and Customs Enforcement and Border Patrol raids that triggered widespread protests — only to shelve the announcement as the team went public with their refusal to let federal agents onto stadium grounds. A day later, on June 20, the Dodgers unveiled their plan, centered on $1 million “toward direct financial assistance for families of immigrants impacted by recent events in the region.”

In total, the Dodgers donated $1.1 million, representatives for California Community Foundation and Labor Community Services — the two nonprofits that received the funds — told The Times.

“The Dodgers have been in L.A. for 68 years,” said Joseph Tomás McKellar, executive director of PICO California. “They’re beloved among immigrant communities in a way that no other sports team is. That gives the Dodgers cultural and financial power in the region. We applaud what they did, but they could do even more by exercising leadership.”

PICO California, the state’s largest faith-based organizing network, was behind a petition delivered to the Dodgers, the contents of which were largely addressed by the team’s $1-million commitment. But as the last of the money flowed to immigrant families in need in late August, another petition circulated that demanded Dodgers owner Mark Walter sell his “company’s stake in ICE jails and deportation flights.”

Walter’s massive investment firm, Guggenheim Partners, owned more than a million shares of GEO Group, valued at nearly $12 million. By the end of 2025, Guggenheim’s interest in GEO Group had fallen to around 10,000 shares. And by the end of March of this year, Guggenheim no longer owned any shares of the prison company that also assisted in the deportation of immigrants, according to SEC filings reviewed by The Times.

Walter also faced criticism over the partnership announced last year between Palantir Technologies and TWG Global — of which Walter is chairman and chief executive officer. Palantir provides AI and analytics software to ICE, tools the American Civil Liberties Union said “form the backbone for ICE’s mass deportation regime.”

There are no indicators as to why Guggenheim Partners divested from GEO Group. The Dodgers declined comment. Guggenheim Partners did not respond to The Times’ request for comment. GEO Group referred questions to Guggenheim Partners.

In January, Coalition for Humane Immigrant Rights, or CHIRLA, filed a federal lawsuit against federal officials over the condition of the Adelanto ICE Processing Center in San Bernardino County, a facility operated by GEO Group. In the complaint, CHIRLA alleged “detained individuals face dangerous conditions and pervasive abuses — disease and illness are rampant, mold grows on the walls, and detained individuals are denied sufficient food, clean drinking water, proper medical care, and disability accommodations.”

Donald Trump’s reelection has been a major driver of profits for GEO Group. GEO Group founder, chairman and chief executive George Zoley said in a May earnings call the company was “awarded new or expanded contracts that represent up to approximately $520 million in new incremental annual revenues, which represents the largest amount of new business we have won in the single year in our company’s history.” Former GEO Group exec David Venturella is the acting director of ICE.

“It’s really good to know [of the Guggenheim divestment],” said Rabbi Susan Goldberg, a longtime immigrants rights activist and founder of Nefesh, a Jewish spiritual community in Echo Park. “We showed up so often at its [regional] headquarters in Culver City that they moved. We don’t know where they are located in the area now.”

The California Community Foundation received $1 million, which worked with Los Angeles city officials to distribute $1,000 in direct relief to 1,000 households impacted by the immigration raids. The money was distributed through cash cards, according to the foundation. The Dodgers’ gift amounts to a quarter of the $4 million the foundation has raised for its Los Angeles Neighbors Support Fund, $3.3 million of which has been “deployed to impacted communities with new investments continuing to roll out,” according to the nonprofit.

The Dodgers also donated $100,000 to Labor Community Services, a partner of the Los Angeles County Federation of Labor, that provided more than 4,000 families with food assistance with the team’s donation.

“The Dodgers’ generous donation has enabled us to reach and assist more families throughout Los Angeles County with dignity and compassion, providing critical food assistance at a time when it is needed most,” Labor Community Services Executive Director Norma López said in a statement to The Times.

A spokesperson for Labor Community Services said no other pro sports team outside the Dodgers made a similar donation to help impacted immigrant families.

“The Dodgers have a unique responsibility and they are an example of something we want to continue to see, especially as the World Cup and the Olympics come to L.A.,” said Carlos Martin Rodriguez, director of organizing for L.A. Voice, a multifaith coalition that organized several vigils and demonstrations when the raids were at their height. “I hope this wasn’t a singular moment, but the beginning of a movement.”