header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather
Santa Clarita CA
Sunny
Sunny
90°F
 
Calendar
Today in
S.C.V. History
August 15
1849 - Eight-pound gold nugget found in San Feliciano Canyon (Val Verde/Piru area) [story]
map


| Friday, Oct 9, 2020
private prisons
A July 2018 study by CSUN political science professor links punitive immigration legislation to those members of Congress who have private prisons in their districts. Photo by ©iStockphoto.com/sezer66.

 

California’s law banning private prisons and immigration detention facilities was mostly upheld by a federal judge on Thursday, with the court denying a Trump administration request to block the law, but conceding that some private prisons would be exempt.

Assembly Bill 32, signed into law by Governor Gavin Newsom last year and effective Jan. 1, prohibits the operation of private detention facilities within the state. The law also sought to prohibit contracts between the federal government and private prisons to house detained immigrants.

The GEO Group, a private prison company, sued California and claimed the law is unconstitutional due to the federal government’s intergovernmental immunity should be preempted by federal law. In a separate lawsuit, the federal government sought injunctive relief from California’s ban.

GEO Group said it will lose $250 million per year in lost revenue over the next 15 years and more in capital investments under the law. They said closures would happen at all U.S. Marshal Services and Immigration and Customs Enforcement detention facilities, including the Adelanto facility in southern California, which has seen an outbreak of COVID-19 earlier this year.

The U.S. government, which operates Bureau of Prison facilities, said 2,200 inmates in California will need to be transported out of the state, including those who live in halfway houses.

This past July during oral arguments, California argued that because the Bureau of Prisons only has one prison in the state — Taft Correctional Institute in Kern County — and has made no plans to resume operations there, the federal government would not suffer any harm under the state law.

In a 75-page order, U.S. District Judge Janis Sammartino said the U.S. government could not establish that the Bureau of Prisons is likely to suffer a concrete injury.

“The court concludes that the United States has failed to establish the requisite justiciable case or controversy concerning the constitutionality of A.B. 32 as applied to its BOP facilities,” Sammartino wrote.

Sammartino later wrote the U.S. government failed to meet its burden when it came to its standing to challenge the state law.

“The United States therefore fails to demonstrate a concrete plan to violate A.B. 32 as to BOP’s privately operated prison facilities in California,” the judge wrote, dismissing the government’s claims without prejudice.

Sammartino did conclude the state law is an obstacle as applied to the U.S. Marshal Services contracts with private detention centers and as applied to GEO’s contracts with the marshals, but not an obstacle to the Bureau of Prisons’ halfway houses and ICE’s contracts with private prison centers.

“Congress clearly authorized USMS to use private detention facilities in limited circumstances, such as where the number of USMS detainees in a given district exceeds the available capacity of federal, state, and local facilities,” Sammartino wrote.

But Congress also required all private prisons to comply with local and state laws in order to be eligible for those contracts.

“A.B. 32 therefore forecloses USMS from contracting with private detention facilities in those districts in which there does not exist sufficient availability in federal, state, or local facilities, in contravention of Congress’ clear and manifest objective that the option be available,” the judge wrote.

Sammartino sided with California when she found that A.B. 32 “does not regulate federal contracting, but rather the operation of private detention facilities within California.”

She said the U.S. government’s interest in federal contracting does not preempt California’s law and the same applies to the foreign relations and immigration.

California’s law is not a direct regulation of the U.S. government, because those private prisons are under contract.

“To meet their burden, plaintiffs must demonstrate that the federal contracts operation detention facilities are ‘so closely connected to the government that the two cannot realistically be viewed as separate entities,’” the judge wrote.

But GEO was not able to argue that similarity.

Sammartino dismissed GEO’s causes of action for intergovernmental immunity and the cause for obstacle preemption as to the company’s contracts with ICE. The U.S. government’s claims were thrown for lack of subject-matter jurisdiction.

Sammartino did preliminarily enjoin enforcement of California’s ban against USMS’s private detention facilities because they may face “disrupted operations and the incurrence of incompensable damages, respectively.”

Emails to GEO and Newsom’s office for comment were not immediately answered.

The plaintiffs have 21 days to file an amended complaint.

— By Nathan Solis, CNS

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

0 Comments

You can be the first one to leave a comment.

Leave a Comment


SCV NewsBreak
LOCAL NEWS HEADLINES
Monday, Aug 15, 2022
Parents Urged to Practice Back-to-School Safety
Heads Up! The city of Santa Clarita and the Santa Clarita Valley Sheriff's Station urge parents to practice "safe pedestrian skills."
Friday, Aug 12, 2022
L.A. County Public Health Urges Public to Protect Pet Birds from Bird Flu
Avian influenza refers to a family of influenza or flu viruses that commonly infect birds.
Friday, Aug 12, 2022
Friday COVID Roundup: County Moves to Medium Community Level
The Los Angeles County Department of Public Health confirmed 19 new deaths throughout L.A. County, 3,995 new cases countywide and 112 new cases in the Santa Clarita Valley.
Keep Up With Our Facebook

Latest Additions to SCVNews.com
Heads Up! The city of Santa Clarita and the Santa Clarita Valley Sheriff's Station urge parents to practice "safe pedestrian skills."
Parents Urged to Practice Back-to-School Safety
1849 - Eight-pound gold nugget found in San Feliciano Canyon (Val Verde/Piru area) [story]
map
1986 - Canyon Country's Mitchell adobe demolished; components salvaged & later rebuilt at Heritage Junction [story]
Mitchell adobe
1961 - First Mass celebrated at new Our Lady of Perpetual Help Catholic Church (3rd building) in Newhall. Cardinal McIntyre attends [story]
OLPH
Are you worried about getting diabetes? Have you been told that you have pre-diabetes? One out of three American adults has prediabetes.
Aug. 16: Henry Mayo Hosts Diabetes Prevention Program
Avian influenza refers to a family of influenza or flu viruses that commonly infect birds.
L.A. County Public Health Urges Public to Protect Pet Birds from Bird Flu
The Los Angeles County Department of Public Health confirmed 19 new deaths throughout L.A. County, 3,995 new cases countywide and 112 new cases in the Santa Clarita Valley.
Friday COVID Roundup: County Moves to Medium Community Level
Marvel Comics’ best-known, tree-like sentient being, Groot, a character that became widely popular through the action comedy "Guardians of the Galaxy," gets his own animated show on Disney+ this week.
CalArts Alum Kirsten Lepore Brings ‘I am Groot’ to Disney+
Work along the I-5 corridor in Burbank continues and will include nighttime lane reductions and the closing of the Verdugo Avenue off-ramp during the week of Aug. 15 to Aug. 18.
I-5 Corridor Improvements Include Nighttime Lane Reductions
As part of his legislative package calling on accountability, transparency, and integrity in the state government's procurement process, Senator Scott Wilk, R-Santa Clarita, announced Senate Bill 1271 (SB 1271) passed out of the Assembly Appropriations Committee on Aug. 11.
Wilk’s Measure Increasing Transparency Passes Assembly Committee
The early portion of The Master's University women's soccer team's schedule in 2022 will have a national tournament-type feel.
TMU Women’s Soccer To Play Top Teams on Florida, Indiana Trips
Princess Cruises today announced updated COVID-19 protocols and guidelines, removing the vaccine requirement for most voyages of less than 16 days so that anyone can cruise and adjusting pre-travel testing requirements to make it less complicated.
Princess Cruises Removes Vaccine Requirement for Most Sailings
As the summer travel season wraps up, the Los Angeles County Sheriff’s Department reminds drivers to be responsible and never drive under the influence of alcohol and/or drugs.
Aug. 17-Sept. 5: LASD Will Increase End-of-Summer DUI Patrols, Checkpoints
Historically, California has been the most wildfire prone state in the United States. In 2021, the California Department of Forestry and Fire Protection, reported over 4,000 fires that burned 60,507 acres across the state.
Ken Striplin | Keep Your Family, Home and Property Safe from Wildfires
The county of Los Angeles Sheriff Civilian Oversight Commission is hosting a Special Hearing on Deputy Gangs in the Los Angeles County Sheriff’s Department.
Aug: 19 Special Hearing on L.A. County Sheriff’s Deputy Gangs
1944 - Newhall Refinery on Sierra Highway destroyed by fire (then rebuilt) [watch film]
Newsreel
As local students get ready to head back to class for the new school year, your Salvation Army Santa Clarita Corps wants to ensure they have the supplies and resources necessary for success.
Salvation Army Santa Clarita Hosting Back-to-School Drive
The Rancho Camulos National Historic Landmark Presents: "Sundays at the Landmark" on Sunday, Aug. 28, with Dave Berg. He will present "Stories to Share.
Aug. 28: Author Dave Berg Presents ‘Stories to Share’ at Rancho Camulos
The WiSH Education Foundation's much-anticipated Cocktails on the Roof event is back for the community to enjoy on Saturday, Nov. 19, from 6 p.m. to 10 p.m. at the Subaru of Valencia campus.
Nov. 19: Cocktails on the Roof Returns with ‘Share the Love’ Event
The Santa Clarita Valley Sheriff's Station is reminding residents that no one will ever call your home demanding payment for "outstanding warrants."
SCV Sheriff’s Station Warning Residents of Scam Calls
Carousel Ranch, in Agua Dulce, was presented with a $5,000 donation from the Logix Federal Credit Union Community Stars Foundation.
Logix Foundation Donates $5K to Carousel Ranch
The Los Angeles County Department of Public Health confirmed Thursday no additional deaths and 107 new cases in the Santa Clarita Valley, with a total of 15 new deaths and 4,345 new cases countywide.
Thursday COVID Roundup: 107 New SCV Cases; No Additional Deaths
The California Department of Transportation announces overnight full closures of Interstate 210 in the San Fernando Valley for striping and staging of a temporary lane configuration for a paving project.
Caltrans Announces Full I-210 Closures
The Valencia High School Band and Color Guard will hold a Clothes 4 Cash clothing drive fundraiser every Tuesday, Aug. 16 to Sept. 13.
Valencia Band, Color Guard Holding Clothes 4 Cash Fundraiser
SCVNews.com
%d bloggers like this: