The GEO Group, Inc. v. Newsom
Case Overview
GEO Group challenged California's AB 32 (2019), which banned for-profit private prisons and immigration detention. En banc 9th Circuit (2022) held AB 32 violates the Supremacy Clause as applied to federal ICE detention contracts. California's private-detention ban effectively enjoined for ICE-contracted facilities.
The Conclusion
**The Ninth Circuit en banc held that California's AB 32 violates the Supremacy Clause when applied to federal ICE detention contracts.** Federal law preempts the state's private detention ban where federal ICE contracts are concerned. The ban was effectively enjoined as to federally-contracted facilities.
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Case Analysis
Overview
GEO Group challenged California's AB 32 (2019), which banned for-profit private prisons and immigration detention. En banc 9th Circuit (2022) held AB 32 violates the Supremacy Clause as applied to federal ICE detention contracts. California's private-detention ban effectively enjoined for ICE-contracted facilities.
Conclusion
**The Ninth Circuit en banc held that California's AB 32 violates the Supremacy Clause when applied to federal ICE detention contracts.** Federal law preempts the state's private detention ban where federal ICE contracts are concerned. The ban was effectively enjoined as to federally-contracted facilities.
Notes
District no. for underlying case [UNVERIFIED] (S.D. Cal.). En banc ruling Sept 26 2022. GEO won; AB 32 enjoined for ICE detention. Supremacy Clause holding.
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