Despite its soaring stock prices, the $4 billion private prison company GEO Group continues to resist having to pay detainees more than $1 a day for cleaning facilities where the government has forced them to live, ProPublica reports. At the 1,575-bed detention center GEO runs for Immigration and Customs Enforcement in Tacoma, Washington, detainees once prepared meals, washed laundry and scrubbed toilets, doing jobs that would otherwise require 85 full-time employees, the company estimated. The state’s minimum wage at the time was $11 an hour. (It’s now $16.66.) In 2017, Washington sued GEO to enforce it, and in October 2021 a federal jury ruled unanimously in the state’s favor. This year, GEO and Washington are back in court — for a third time — as the company tries to reverse the earlier decision that sided with the state. GEO has brought in contract cleaners at the Tacoma facility while the case plays out, keeping detainees there from paid work and from having a way to earn commissary money.
It isn’t that GEO lacks the ability to pay, the company has made clear in legal filings. Its gross profit from its Tacoma facility, today called the Northwest ICE Processing Center, was about $20 million a year when Washington filed its lawsuit. The company told a judge in 2021 it could “pay the Judgments twenty times over.” The real issue is the precedent the Tacoma case could set. GEO, which manages 16 ICE detention facilities across the country, faces similar lawsuits in California and Colorado. The California case, also before the 9th Circuit, is on hold pending the outcome of Washington’s. Colorado’s is winding its way through a lower court. GEO frames the lawsuit as a fight over the federal government’s authority to make the laws of the nation. Multiple courts have decided that the Fair Labor Standards Act, which sets the federal minimum wage, does not apply to detained migrants. At issue in the Tacoma case is the state minimum wage. “Simply put, we believe the State of Washington has unconstitutionally violated the Supremacy Clause of the United States Constitution,” GEO wrote in a news release.
Comments