WASHINGTON, D.C. — The U.S. Supreme Court heard arguments Monday in a class action lawsuit by immigrants against the Aurora U.S. Immigration and Customs Enforcement (ICE) Detention Center owned by The GEO Group Inc.
The original lawsuit was brought in 2014 by Alejandro Menocal, a former detainee at the GEO ICE Detention Facility in Aurora, alleging forced labor in violation of the Trafficking Victims Protection Act.
Menocal said he and other detainees were required to do unpaid janitorial work and threatened with solitary confinement if they refused.
Detainees were paid just $1 a day for voluntary work, such as cutting hair or cooking.
In court Monday, the GEO group argued that it has immunity from litigation as a government contractor.
In 2024, the 10th Circuit Court tossed GEO’s appeal for lack of appellate jurisdiction, after a lower court denied the company’s immunity claim.
But Monday, the Supreme Court Justices also seemed skeptical of GEO Group’s defense.
“You're just asking for a blanket no liability for contractors who are following the government's instructions,” Justice Ketanji Brown Jackson said.
The Supreme Court's decision will largely hinge on its interpretation of the 1940 case Yearsley v. W.A. Ross Construction Co.
During the hearing, Justice Amy Coney Barrett tore into GEO’s defense.
“GEO's argument boils down to the claim that Yearsley is an immunity from suit for contractors who can't show that history and policy warrant immunity. That doesn't make sense as a matter of common sense,” said Barrett.
The Colorado class action could have a ripple effect on other government contractors who don’t want to be held liable for lawsuits.
Meanwhile, civil rights advocates worry that if the Supreme Court rules in GEO Group's favor, it could lead to more abuses in private prisons.
State
Lawsuit against Gov. Polis claims forced labor still exists in state prisons
Scripps News found GEO Group's revenue has increased 13% and is fueled by contracts with ICE.
The Supreme Court will now review the case.
It typically takes several months for the Justices to release their opinion.
