DENVER — A federal judge has partially blocked a new state law that requires more regular inspections of immigration detention facilities in Colorado.
In a Thursday ruling in U.S. District Court of Colorado, Chief Judge Daniel Domenico granted the GEO Group a partial victory against HB26-1276 after finding that a portion of the law was likely unconstitutional because it singled out immigration detention facilities and, in practice, only the Aurora Immigration Customs Enforcement Processing Center.
At issue was a portion of the law which requires unannounced inspections of the Aurora ICE detention facility at least once every three months, and for the facility to pay for those inspections. Among some of the provisions also blocked by the preliminary injunction are penalties of up to $50,000 for each time the facility refuses those inspections, as well as access to detainees, records, officials and staff.
But the law — also known as the Protect Safety of Individuals Who are Immigrants Act — remains largely in effect.
Among the provisions of the law that were not blocked by the injunction is a section clarifying that county inspection authority remains in effect because that authority “does not impose significant new burdens.”
Domenico also did not block a subjection of the law which could eventually require annual reporting, restrictions on housing minors with non-family adults, and around-the-clock medical and mental health staffing because the state has indicated it has no current plans to being the rule making process needed to enforce those provisions.
The preliminary injunction lasts only until Oct. 15, 2026, when GEO's current contract with ICE expires. Domenico noted that any future contract "may alter the analysis significantly, or make proceeding further with this case unnecessary at all."
In a statement shortly after the ruling was announced, Colorado Attorney General Phil Weiser said Domenico’s decision “leaves Colorado’s existing public health and safety authority intact.”
“This ruling is separate from the lawsuit filed Wednesday seeking to force the GEO Group to comply with a state public health order related to the investigation of a confirmed tuberculosis case at the Aurora facility,” Weiser said. “That lawsuit seeks to enforce Colorado’s pre-existing public health laws and remains pending before the court.”
Watch Denver7's story on that lawsuit in the video below:
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