A Florida-based company, The GEO Group, is suing to challenge New Jersey’s ban on immigrant detention centers, claiming that the ban violates the Constitution and impedes their plans to open a new facility in Newark called Delaney Hall. The ban could potentially cost GEO a contract with US Immigration and Customs Enforcement worth over $100 million. The group argues that the state law contradicts federal immigration law as per the Constitution’s supremacy clause, which gives precedence to federal laws over state laws that are in conflict with them.

The lawsuit, filed in Trenton federal court, names Garden State Gov. Phil Murphy and Attorney General Matthew Platkin as defendants. New Jersey has a controversial history with immigrant detention centers, with counties like Bergen, Essex, and Hudson profiting from them before the ban was signed by Murphy in August 2021. Despite criticism from immigration advocates, who accused the counties of hypocrisy for criticizing immigration policies while financially benefiting from detaining immigrants, the ban was partially declared unconstitutional by a federal judge in a previous case involving CoreCivic.

GEO is seeking relief from the court similar to the previous case challenging the ban. The company currently runs over 20 facilities for ICE across the US, totaling about 19,000 beds. However, GEO has faced numerous allegations of abuse over the years, including claims of violence, medical neglect, sexual abuse, and poor living conditions for detainees. The company denies these allegations and emphasizes its commitment to providing medical care, legal and religious services, recreational activities, and quality meals to those in their care in accordance with ICE guidelines.

Delaney Hall, the proposed site for the new immigrant detention facility, has previously held up to 450 immigration detainees from various states. The facility was upgraded to meet federal standards, and GEO submitted a proposal to ICE to house undocumented immigrants under the agency’s Newark field office. The company asserts that they have a realistic chance of securing a contract from ICE for the provision of immigration detention services at Delaney Hall, though the ban could prevent this from happening. The lawsuit raises concerns about the potential impact of the ban on GEO’s operations and finances.

While protests have called for an end to the alleged abuse of ICE detainees held in GEO facilities, the company maintains its commitment to respecting the human rights of individuals in their care and upholding ethical practices. Despite the controversies and lawsuits surrounding the company’s treatment of detainees, GEO asserts that it provides necessary services and facilities to meet the needs of those entrusted to their care. The lawsuit over the New Jersey ban on immigrant detention centers underscores the legal battle between state and federal government authorities over immigration enforcement policies and the role of private companies in this contentious issue.

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