A federal judge has temporarily blocked key provisions of a Colorado law that would have increased state oversight of the GEO Group's Aurora ICE Processing Center, the state's only immigration detention facility. U.S. District Judge Daniel Domenico issued a preliminary injunction, stating that Colorado likely exceeded its constitutional authority by targeting a facility operating under a federal contract.
Domenico's ruling on Thursday found that the law, House Bill 26-1276, singled out the Aurora facility for a specific set of regulations not applied to other detention centers in the state. "As GEO notes, the extent of the additional burden is irrelevant for purposes of this test," Domenico wrote in his order, referring to the facility's status as a federal contractor.
The blocked provisions included requirements for unannounced inspections at least once every three months, with GEO responsible for inspection costs, and civil penalties of up to $50,000 for refusing an inspection. The judge noted that the number of unannounced visits and the penalty scheme were unique to this law and not imposed on other facilities.
Colorado argued that the law aimed to place the GEO facility on the same footing as other private detention centers. However, Domenico stated that the argument might be persuasive if the state had required immigration facilities to adhere to the same regulations governing facilities carrying out state policies.
The ruling heavily relied on the Constitution's Supremacy Clause, which generally shields federal government activities and contractors from state regulation. The judge cited Supreme Court precedent affirming these protections for private entities performing federal operations.
Other provisions of the law, which would have granted the state authority for additional reporting and staffing requirements—including annual reports on detainees with chronic health conditions, dietary restrictions, and access to legal and spiritual services—were not blocked. Domenico noted that Colorado indicated these provisions were not currently being enforced and would require future rulemaking.
The preliminary injunction is set to expire on October 15, when GEO's current federal contract to operate the Aurora facility concludes.
Colorado Attorney General Phil Weiser characterized the ruling as a narrow, temporary victory for GEO, asserting that the state's existing public health and safety authority remains intact. Weiser also highlighted a separate lawsuit filed by Colorado seeking to compel GEO to cooperate with an investigation into tuberculosis at the Aurora facility, alleging the company has failed to provide necessary records and cooperation.
"Separately, our lawsuit filed yesterday seeks to enforce that existing authority and require GEO to cooperate with the state’s investigation into tuberculosis at the Aurora facility, and we will continue using every available tool to protect the health and safety of Coloradans," Weiser said in a statement.