A recent development in the ongoing legal battles surrounding immigration detention centers reveals **ICE**'s strategic efforts to place its privately run facilities beyond the reach of state inspectors. Draft contract terms, published earlier this month, explicitly state that state and local laws "shall not apply" to the operations of these facilities. This move comes directly on the heels of a federal judge's ruling that a federal contract cannot override state law. **US District Judge Benjamin Settle** ordered the operator of the Tacoma immigration detention center to permit Washington state health officials access for inspections. ### Years of Litigation and Detainee Complaints Judge **Settle**'s ruling was the culmination of three years of litigation, during which Washington state reported 10 refused inspections and 3,500 detainee complaints. The **Ninth Circuit** temporarily paused the order, with a decision on a longer stay anticipated. The morning after Judge **Settle**'s ruling, **ICE** published draft contract terms for 5,500 detention beds across four regions. These terms notably included the controversial language aiming to nullify state and local legal applicability. ### The **GEO Group** and Contractual Maneuvers Judge **Settle** specifically found that **The GEO Group**, the private prison company operating the Tacoma facility, had executed a new contract with **ICE** mid-lawsuit. This was seemingly an attempt to bolster its claim that **ICE**, not **GEO**, controlled access to the building. Judge **Settle** firmly stated, "Preemption requires Congressional intent, not a contract, and GEO's new contract cannot preempt state law, even if it purports to." Interestingly, **GEO**'s court filing omitted a crucial part of a contract provision where **ICE** agreed to seek the **Justice Department**'s intervention to dismiss **GEO** from performance-related lawsuits or to substitute **ICE** as the defendant. ### Procurement Process Raises Eyebrows The new procurement document, posted on July 10 and first reported by the newsletter **Project Salt Box**, is presented as an initial step towards a competitive bidding process. However, its terms suggest otherwise. The requirement for facilities to house detainees within 30 days of an award, coupled with bed counts and locations that align perfectly with existing **GEO** facilities in Tacoma, Aurora (Colorado), Pompano Beach (Florida), and Philipsburg (Pennsylvania), points towards a pre-determined outcome. Operating agreements for these four **GEO** sites are set to expire in the coming months, aligning with the expedited timeline proposed in the new draft terms. Companies were given less than a week to respond to these terms, with the window closing on July 17. ### Shifting to Weaker Standards The draft contract terms also indicate a potential shift for three of the **GEO** facilities in Colorado, Florida, and Pennsylvania to the **National Detention Standards (NDS)**, which **ICE** issued in June. **ICE** claims these updated standards will "reduce the burden" on its contractors. Notably, the Tacoma facility was reinspected under the weaker **NDS** after its new contract took effect, despite previously operating under stricter 2011 performance-based standards. These new **NDS** standards permit operators to pay detainees no more than $1 a day for "voluntary work," explicitly stating that participants are not employees entitled to wages or benefits. They also allow for **AI** translation tools for "non-critical" communication and bar operators from refusing any detainee assigned by **ICE**, with exceptions only at **ICE**'s discretion. External inspections under the draft contract are limited to **ICE**, **ICE**-approved third-party inspectors, and other federal officials, and facilities may operate indefinitely at 85 percent staffing, including medical personnel. ### DHS's Prior Maneuvers in California This strategy is not entirely new. In California, **Department of Homeland Security (DHS)**, **ICE**'s parent agency, previously demonstrated similar tactics. After San Diego County officials were blocked from inspecting the Otay Mesa Detention Center, and a federal judge ordered access, its operator, **CoreCivic**, announced the sale of that facility and a second California facility to **DHS** for $1.5 billion. **DHS** spokesperson **Lauren Bis** linked the purchase to California's "sanctuary politicians," who she claimed "continue to push legislation to outlaw or make private prisons financially infeasible." ### Implications for Oversight and Accountability While Judge **Settle**'s ruling in Washington was clear, it is preliminary and only binds courts within that state. For **ICE**'s broader objectives, it may not need to survive. The three years of litigation required to gain inspection access to just one facility highlight the potential for protracted legal battles. By embedding this controversial language into contracts across four states, **ICE** risks reigniting the fight for oversight in multiple locations simultaneously, potentially further eroding transparency and accountability within its detention network.