WA state law allows state officials to enter federal ICE detention centers unannounced to conduct 'oversight'

On Monday, Washington state Governor Bob Ferguson signed a new bill into law that grants the state sweeping authority to conduct oversight at all privately owned ICE detention centers in Washington, which includes the NW ICE Processing Center in Tacoma. The federal facility operated by The Geo Group, a private company, under contract with US Immigration and Customs Enforcement (ICE).

The legislation allows officials with the state Department of Health to enter the facility without notice, on any given day, to conduct enforcement inspections and issue $10,000 fines for each violation, which would be determined by the state agency. Fines are capped at $1 million annually, according to the bill.

House Bill 1232, introduced by state Democratic lawmakers, applies to all private detention centers and was passed in response to requests from La Resistencia, a taxpayer-funded group run by non-citizens in the Seattle area who advocate for the abolishment of ICE. The organization holds weekly protests outside of the Northwest ICE Processing Center in Tacoma, and has long maintained, without producing substantiated evidence, that migrant detainees are subjected to inhumane living conditions at the facility.

The GEO Group called the bill "unconstitutional" in a statement to King 5 News: "We believe that HB-1232 is unconstitutional as it applies to GEO's contract with the federal government for the provision of services at the Northwest ICE Processing Center in Tacoma. We believe that any effort by a State to regulate a federally contracted facility is wrong under federal case law and the Supremacy Clause of the United States Constitution."

In 2023, Washington state approved a similar measure allowing for unannounced inspections at the Northwest ICE Processing Center, but state personnel were barred from entering the federally contracted facility, which is one of the largest ICE detention centers in the country. The GEO Group sued over the law, alleging it was "unconstitutional" for a state to regulate a federally contracted institution, according to the outlet.

According to the new legislation, state Department of Health officials will enter the facility to inspect and enforce updated standards for inmate living conditions, such as access to clean water, adequate lighting, and cleanliness. It's unclear what the "updated standards" entail. The measure is expected to cost state taxpayers $1.8 million over the next four years for inspections and enforcement mechanisms.

Democrat state rep. Lillian Ortiz-Self, who sponsored the previous bill, said in 2024 that state officials seeking to enter the facility have been turned away at least six times between November 2023 and February 2024. "What is it that they're trying to hide," she questioned, adding that she found the matter "very concerning."

This comes after numerous Democratic members of Congress attempted to illegally enter an ICE Detention Center in New Jersey to perform oversight, with a number of them allegedly attacking ICE agents, according to the Department of Homeland Security (DHS). Ras Baraka, the mayor of Newark, New Jersey, was arrested and taken into custody for allegedly criminally trespassing on federal property.

Members of the public can report immigration-related crimes or suspicious activity by calling (866-347-2423) or completing the online tip form.