WASHINGTON | The Supreme Court agreed Monday to hear an appeal from a private prison company facing a lawsuit claiming immigration detainees were forced to work and paid $1 a day in Aurora.
The GEO Group appealed to the high court after a judge refused to toss out the 2014 lawsuit saying the detainees had to perform both unpaid janitorial work and other jobs for little pay to supplement meager meals.
The company says the lawsuits are really a back door way to push back against federal immigration policy, and its pay rates are in line with Immigration and Customs Enforcement regulations.
They say the migrants can’t sue because it’s running the GEO ICE detention center in Aurora on behalf of the government, which is immune from such lawsuits.
Attorneys for the migrants say the lawsuit is only about people being paid “almost nothing” for their work, and the contract didn’t require them to pay so little.
A lower court judge allowed the lawsuit to go forward and the U.S. 10th Circuit Court of Appeals found it couldn’t review the immunity claim before trial. The GEO Group argued to the Supreme Court that government contractors should be able to argue that issue on appeal quickly.
The Florida-based GEO Group is one of the top private detention providers in the country, with management or ownership of about 77,000 beds at 98 facilities. Its contracts include a new federal immigration detention center where Newark Mayor Ras Baraka was arrested at a protest in May.
Similar lawsuits have been brought on behalf of immigration detainees elsewhere, including a Washington state case where the company was ordered to pay more than $23 million.
A history of controversy in Aurora
The Aurora prison has been a magnet for protests, complaints and lawsuits for years.
In December, Aurora Democratic Congressperson Jason Crow created a bi-partisan bill restricting the government’s use of private prisons as immigration detention centers. Crow has been harshly critical of the GEO operation in Aurora since he was elected in 2018.
Crow has joined forces with Florida Republican John Rutherford to press for new legislation ensuring transparency and oversight at immigration detention facilities.
“Throughout my time in Congress, I have worked hard to promote transparency in government, and that includes making oversight visits to immigration detention facilities,” Crow said in a statement. “My experience being denied access to conduct an oversight visit of an immigration detention facility in my own community highlighted the importance of these visits in ensuring government accountability and the humane treatment of all those detained.”
While the issue of ICE detention facility oversight has long been a priority for Crow, the bill comes just as the Trump administration was threatening mass deportations of undocumented immigrants, a program Trump has dubbed “Operation Aurora.” Aurora has been the focus of anti-immigrant controversy after national attention was drawn to a controversy surrounding Venezuelan immigrants and reported gang activity in local apartment complexes.
Since he was first elected in 2018, Crow has led local and national efforts to require the ICE prison, run privately in Aurora by GEO Group Inc., to allow for immediate inspections by members of Congress and others.
The GEO-ICE prison in Aurora has been the subject of numerous allegations and lawsuits focusing on the mistreatment of inmates, sometimes resulting in death.
The 2025 POD Act is pending in the House.
The legislation would enable members of Congress and their staff to conduct oversight visits to these facilities, ensuring compliance with federal laws and the humane treatment of detainees.
Crow and Rutheroford said the bill closes a critical gap in congressional oversight by codifying protections that have previously relied on annual appropriations measures. The POD Act would guarantee immediate access for members of Congress to any immigration detention facility operated by or for the Department of Homeland Security, such as the GEO-ICE facility in Aurora.
Staff access would be required within 24 hours of a request. Facilities housing minors under the Department of Health and Human Services would have to grant member access within two days, balancing oversight with child protection considerations, according to bill sponsors.
Crow highlighted the necessity of the bill based on his experience in Aurora. He was denied entry amid reports of disease outbreaks and substandard living and working conditions.
“My attempt to visit an immigration detention facility in my community was denied for 24 days, underscoring the need for codified protections,” he said. “Transparency is essential to holding the government accountable and ensuring detainees are treated humanely.”
Rutherford agreed.
“Congress has a responsibility to ensure these facilities are run properly,” he said. “This bill allows lawmakers to fulfill that duty by conducting oversight visits without delay.”
Both sponsors said they’re counting on backing by the ACLU and similar civil rights and immigrant rights groups.
The POD Act builds on efforts led by Crow since 2020, when he successfully pushed for initial protections through the appropriations process.
Crow previously introduced a version of the bill co-sponsored by fellow Democrats. The latest iteration reflects bipartisan collaboration, with Rutherford’s support signaling growing momentum to make permanent oversight protections.
Associated Press writer Mike Catalini in Trenton, New Jersey, contributed reporting.