Breaking news - #AB32 Decision is out with Judge upholding constitutionality of AB 32 as it applies to private ICE Detention facilities!
In light of the foregoing, the Court GRANTS IN PART AND DENIES IN PART Defendants’ Motions to Dismiss and for Judgment on the Pleadings.
Specifically, regarding the Motion to Dismiss, the Court DISMISSES GEO’s first and second causes of action for intergovernmental immunity and GEO’s third cause of action for obstacle preemption as to GEO’s contracts with ICE.
As for the Motion for Judgment on the
Pleadings, the Court DISMISSES the United States’ first and second causes of action as
they relate to BOP facilities for lack of subject-matter jurisdiction.
Additionally, the Court DISMISSES the United States’ first cause of action to the extent it is predicated on field
preemption and to the extent that it claims obstacle preemption as to its contracts for private detention facilities on behalf of BOP and ICE.
Finally, the Court DISMISSES the United States’ second cause of action for intergovernmental immunity in its entirety. In all remaining respects, Defendants’ Motions to Dismiss and for Judgment on the Pleadings are DENIED.
Any dismissals are WITHOUT PREJUDICE so that Plaintiffs may file amended complaints addressing the deficiencies outlined above.
Taking away private bed space from ICE is a major blow to their detention apparatus, that is why this ruling is significant. This is a huge win not only for California but for the viability of this bill in other states.
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This operation announced by ICE is a calculated PR stunt designed to distract from the catastrophic failure of ICE as an agency, including the unabated spread of COVID, the mounting death toll in detention & the horrific news that the agency has engaged in forced hysterectomies.
ICE’s decision to conduct these operations during a pandemic is not only a reckless threat to human life but flies in the face of their own mandatory guidance on COVID-19.