Art: Pierre-Paul Prud’hon, Justice and Divine Vengeance Pursuing Crime, 1808. Oil on canvas. Musée du Louvre, Paris. Image: © 1997 GrandPalaisRmn (musée du Louvre) / Jean-Gilles Berizzi. Prud’hon depicted justice as a force overtaking wrongdoing. Two centuries later, civil plaintiffs are asking federal courts to impose liability on private immigration-detention contractors for alleged forced labor and medical neglect.
ICE is building a larger detention system just as private contractors face growing civil exposure for the horrors occurring inside.
U.S. Immigration and Customs Enforcement (ICE), a component of the U.S. Department of Homeland Security (DHS), is expanding detention contracts as federal courts narrow the defenses GEO Group and CoreCivic invoke against civil damages. Each contractor-controlled policy can widen liability for GEO Group and CoreCivic. Private detention operator LaSalle and detention medical contractor Wellpath also face potential liability for practices their personnel control.
GEO Group, CoreCivic, and other contractors face potential civil liability for practices their personnel independently control. Federal judges distinguish federal authorization from corporate responsibility while examining decisions made by contractor personnel. Meanwhile, the Trump administration directs additional detention work and federal funding to private companies. ICE’s average daily detained population increased 71 percent between January 20, 2025, and April 1, 2026. Detainees and families allege forced labor, disability violations, medical neglect, force, and custodial deaths.
The federal government increased spending as detention capacity expanded. In February 2025, ICE awarded GEO a 15-year contract for the 1,000-bed Delaney Hall facility, which GEO valued at $1 billion. CoreCivic expanded ICE capacity in 2025 and reported $261.3 million in first-quarter 2026 ICE revenue, nearly double the prior year. ICE awarded CoreCivic a five-year contract that began August 11, 2026, at the 1,600-bed Prairie Correctional Facility. CoreCivic sold Prairie to DHS on August 4, 2026.
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On July 6, 2026, Ulises Peña Lopez, his wife, and their five-year-old daughter sued the federal government, GEO, and CoreCivic over their treatment during detention. The plaintiffs allege that contractor personnel mocked his disabilities and denied mobility accommodations during more than six months of detention. They seek damages for alleged medical neglect and disability violations and attribute the challenged conduct directly to contractor personnel.
In Menocal v. GEO Group, former detainees at GEO’s Aurora immigration-detention facility allege that GEO required unpaid sanitation work. They also allege that GEO threatened sanctions that included up to 72 hours in solitary confinement. The plaintiffs separately challenge GEO’s dollar-a-day work program. The district court found that ICE did not direct GEO to create the challenged labor policies.
GEO sought to terminate Menocal before trial. On February 25, 2026, U.S. Supreme Court justices held that Yearsley provides a defense to liability, not immunity from suit. The justices also barred GEO from using an immediate appeal to terminate the litigation. Contractors claiming Yearsley protection must connect disputed conduct to lawful federal authorization and direction. Judges must determine who authorized and directed the disputed practice.
In Nwauzor v. GEO Group, detainees obtained $17.29 million in back pay under Washington law. Washington separately obtained $5.95 million for unjust enrichment. GEO agreed in its ICE contract to comply with applicable federal, state, and local laws. Judges on the U.S. Court of Appeals for the Ninth Circuit found that ICE did not participate in managing GEO’s work program. The Ninth Circuit affirmed the judgments on January 16, 2025.
GEO continued seeking U.S. Supreme Court review after the Ninth Circuit ruling. GEO’s petition remained pending on August 13, 2026, after Supreme Court justices requested the U.S. solicitor general’s views. The multimillion-dollar judgments therefore remained in force while GEO pursued Supreme Court review. CoreCivic and private detention operator LaSalle face litigation over labor practices contractors controlled. Plaintiffs accuse GEO of unlawful force and disability violations. Plaintiffs have also pursued claims involving deaths in custody, while Wellpath faces claims concerning medical care.
Federal officials also scrutinize detention contractors when officials document procurement failures or deficient performance. Owino v. CoreCivic remained active in May 2026. A federal judge scheduled a mandatory settlement conference for April 19, 2027. Former detainees at Georgia’s Irwin County Detention Center continue forced-labor claims against LaSalle in Barahona v. LaSalle Management Company.
In Hugo Gonzalez v. GEO Group, plaintiffs challenge GEO personnel’s use of force during a 2020 protest at the Adelanto immigration-detention facility. More than 50 previously sealed records entered the public record on July 10, 2026. Those records contain video and internal documents concerning GEO personnel’s use of chemical agents against detained people.
CoreCivic reached a financial settlement and received an evidentiary sanction in wrongful-death litigation. CoreCivic reached a confidential settlement with Kesley Vial’s estate in March 2026 after Vial died following a suicide attempt at the Torrance County facility. Before the settlement, a judge sanctioned CoreCivic for destroying video evidence. The judge authorized an adverse inference concerning the destroyed evidence.
Martin Vargas Arellano’s son reached a settlement with the United States and continued pursuing claims against GEO and detention medical contractor Wellpath. A May 16, 2025, amended complaint alleges that both companies failed to follow COVID protections and detention standards. GEO also faces a Colorado wrongful-death suit alleging that medical neglect caused Melvin Calero Mendoza’s death at GEO’s Aurora facility.
California regulators can impose direct financial costs without waiting for private damages verdicts. The California Division of Occupational Safety and Health (Cal/OSHA) lists $104,510 in penalties against GEO’s Golden State Annex from a workplace-safety inspection opened June 15, 2022. Regulators still classified the enforcement case as open on August 13, 2026.
Federal officials imposed contracting consequences at the Camp East Montana detention facility without waiting for private litigation. They awarded Acquisition Logistics a $1.3 billion expedited contract to operate Camp East Montana, which opened in August 2025. The U.S. Government Accountability Office (GAO) found that Acquisition Logistics lacked detention experience. GAO investigators also documented serious performance failures after the facility began operating.
ICE terminated Acquisition Logistics’ contract for convenience in April 2026 and awarded contractor Amentum a new contract. The Federal Acquisition Regulation (FAR) permits default termination under § 49.402-1 when contractors fail to satisfy specified performance requirements. FAR §§ 9.407-2 and 9.406-2 establish separate evidentiary and seriousness standards for suspension and debarment.
Democratic Rep. Pramila Jayapal introduced H.R. 6397, the Dignity for Detained Immigrants Act, on December 3, 2025. More than 100 House members, including Rep. Adam Smith, cosponsored the measure. The proposal would require annual unannounced inspections under enforceable detention standards.
A serious first violation could trigger a fine equal to at least 10 percent of contract value. Repeated breaches could require termination and end federal funding.
H.R. 6397 would also create a federal cause of action permitting compensatory damages. The legislation would prohibit new or extended private detention contracts and terminate existing agreements within three years. Democratic Sen. Cory Booker introduced companion Senate bill S. 3702 on January 27, 2026. Ten senators cosponsored that measure, including nine Democrats and Independent Sen. Bernie Sanders.
On August 13, 2026, the U.S. House of Representatives consisted of 218 Republicans, 212 Democrats, one independent, and four vacancies. With 431 members seated, passage required 216 votes. Unanimous Democratic support still required four Republican votes, or three with the independent. GOP participation was therefore mathematically necessary for House passage.
The U.S. Senate had 53 Republicans, 45 Democrats, and two independents. All 47 non-Republican senators still needed 13 Republican votes to reach the 60-vote cloture threshold. Conversely, 41 GOP senators could prevent cloture even if every other senator supported the legislation.
States cannot directly obstruct federal immigration-detention contracting, but private operators remain subject to generally applicable state law. On July 22, 2025, the U.S. Court of Appeals for the Third Circuit struck down New Jersey’s ban on private detention contracts because the prohibition regulated federal procurement itself. The Third Circuit held that federal supremacy protected federal contracting authority from state interference.
The Ninth Circuit confronted a different constitutional question in Nwauzor. Its judges allowed Washington’s generally applicable minimum-wage law to apply to GEO because federal law and GEO’s contract did not displace the requirement. New Jersey officials now rely on generally applicable state enforcement authority.
New Jersey Attorney General Jennifer Davenport sued GEO on June 2, 2026, after Delaney Hall personnel obstructed health inspections. Delaney Hall personnel denied inspectors access to the medical unit and sleeping areas. Inspectors also could not enter bathing or toileting areas. GEO again denied inspectors full access on June 24, including access to the medical unit.
On August 7, Davenport announced an investigation by the New Jersey Division on Civil Rights into practices at Delaney Hall. Division investigators issued subpoenas examining whether actions or omissions by GEO employees violated detainees’ civil rights.
Colorado established a separate enforcement system after Governor Jared Polis signed House Bill 26-1276 (H.B. 26-1276) on June 4, 2026. Under the statute, Colorado officials may conduct public-health inspections and collect associated fees. State authorities may also enforce health and safety requirements, require reporting, and impose civil penalties for refusing access or violating state rules.
Illinois restricts where qualifying immigration-detention facilities may operate. California officials use inspections and municipal compliance requirements involving CoreCivic. Courts entered the Nwauzor judgments under Washington’s minimum-wage law. Oregon prohibits privately operated centers used for immigration detention.
Additional facilities place more operations under contractor control, including medical care and disability accommodations. Contractor managers also administer labor arrangements and impose discipline within detention facilities. Contractor managers separately control uses of force and maintain operational records. The Trump administration determines detention funding and awards federal detention contracts.
The U.S. Supreme Court barred GEO Group’s interlocutory appeal in Menocal over labor practices ICE did not direct. The Ninth Circuit affirmed $23.24 million in Nwauzor judgments because ICE did not manage GEO’s work program. In both cases, federal judges examined who controlled the challenged conduct when determining liability. As ICE awards additional contracts, GEO and CoreCivic control operations at additional facilities and incur additional potential liability.
As ICE detention expands and alleged abuses multiply, civil litigation against private detention contractors is likely to intensify.
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Sources
U.S. Supreme Court, GEO Group, Inc. v. Menocal, February 25, 2026; U.S. Supreme Court docket, GEO Group v. Nwauzor, No. 25-828.
U.S. Court of Appeals for the Ninth Circuit, Nwauzor v. GEO Group, January 16, 2025.
GEO Group, Delaney Hall contract announcement, February 27, 2025; CoreCivic, first-quarter 2026 financial results and Prairie Correctional Facility contract records; CoreCivic Form 10-Q, August 6, 2026.
U.S. Government Accountability Office, Immigration Detention: Waste and Performance Issues at Camp East Montana Provide Valuable Lessons for Future Facilities, GAO-26-108886, June 9, 2026.
Pangea Legal Services and Disability Law United, Joint Press Release: Bay Area Family Sues U.S. Government and Private Prison Contractors for Violent ICE Arrest and Abuses in Immigration Detention, Demands Reparations, July 6, 2026; full Peña Lopez federal complaint linked in the release.
U.S. District Court, Owino v. CoreCivic, May 20, 2026 order; Barahona v. LaSalle Management Company, March 20, 2026 order.
Public Justice, Hugo Gonzalez v. GEO Group records release, July 10, 2026.
ACLU of New Mexico, CoreCivic Pays Settlement to Estate of 23-Year-Old Asylum Seeker Who Died in Torrance County Detention Facility, March 19, 2026; Youngers v. CoreCivic, New Mexico First Judicial District Court, Case No. D-101-CV-2022-01722; Prison Legal News, July 1, 2026, reporting Judge Francis J. Mathew’s December 2025 spoliation sanction and adverse-inference instruction.
National Immigration Project, Martin Vargas amended complaint, May 16, 2025; Adams County District Court, Colorado, Melvin Calero Mendoza wrongful-death litigation.
U.S. Department of Labor, Occupational Safety and Health Administration, Inspection No. 1609228.015, The GEO Group, Inc. dba Golden State Annex; California Occupational Safety and Health Appeals Board, In the Matter of the Appeal of The GEO Group, Inc. dba Golden State Annex, Inspection No. 1609228, Decision After Reconsideration, January 10, 2025.
USAspending.gov, U.S. Department of Homeland Security contract to Amentum Services, Inc., PIID 70CDCR26C00000016, for detention, transportation, and medical services at Camp East Montana.
Federal Acquisition Regulation §§ 49.402-1, 9.406-2, and 9.407-2.
GovInfo, H.R. 6397 and S. 3702, Dignity for Detained Immigrants Act; congressional sponsorship records.
Office of the Clerk, U.S. House of Representatives, 119th Congress membership and vacancy data; U.S. Senate, 119th Congress party division; U.S. Senate, About Filibusters and Cloture, Rule XXII.
U.S. Court of Appeals for the Third Circuit, CoreCivic v. Governor of New Jersey, July 22, 2025.
New Jersey Attorney General and Department of Health, Delaney Hall enforcement records, June 2, June 24, and August 7, 2026.
Colorado General Assembly, H.B. 26-1276; Illinois Public Act 104-0786; California Department of Justice CoreCivic enforcement records; Oregon Department of Justice Sanctuary Promise guidance.
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