Win or lose, it is important they tried. The General Assembly passed legislation, , requiring county health agencies to conduct unannounced inspections of immigrant detention centers at least every three months to confirm they meet food, medical, and housing standards. The law affects facilities run by state, county and private companies but not those managed solely by the federal government. Centers that fail to grant access could face up to $50,000 in fines.
Lawmakers and advocacy groups have been calling for regular inspections since聽Melvin Ariel Calero-Mendoza, a 39-year-old Nicaraguan national, died in Aurora, Colorado鈥檚 only center, in October 2022.聽The center, administered by Geo Group, has 1,530 beds.
In March of this year, the Adams County Health Department reprimanded the facility for lack of access to staff and delays during its investigation into accusations of widespread gastrointestinal and respiratory illness in January. Detainees have also criticized the center for serving moldy or spoiled food and poorly functioning air conditioning.
Geo Group, which operates the Aurora detention center under a contract with Immigration and Customs Enforcement (ICE), filed suit to strike down the law and suspend its implementation immediately. The company contends that unpredictable inspections will increase the cost and administrative burden to the company and the government, and that only the federal government can mandate how the company is run. Moreover, they say, the law is unfair since the state does not require county health inspections of prisons. These reasons have succeeded in deterring several other states where legislators have tried to oversee ICE.聽
One such state, , though in the midst of similar court proceedings, was able to conduct a partial investigation of Geo Group-run Delaney Hall and found the facility’s kitchen areas satisfactory. The state Department of Health inspectors, however, were not allowed to examine the medical unit, bathrooms or sleeping quarters. New Jersey Attorney General Jennifer Davenport filed a against Geo Group for denying that access.
Other detention centers run by other companies have also received complaints about food, sanitary conditions, air conditioning, medical care and abuse. Last week, the Government Accountability Office issued a report finding Camp East Montana in Texas, the nation鈥檚 largest facility, wasted millions of taxpayer dollars and failed to provide adequate care. The report found some egregious problems; a contract security guard at the center, for example, lost a loaded somewhere in the camp, putting everyone in danger.聽
For all these reasons, state lawmakers want greater leverage to investigate facilities to ensure detainees are receiving care. The Colorado General Assembly did the right thing in passing HB 1276. Whether they win or lose in court, the bill鈥檚 passage will serve as a wake-up call. All immigration facilities in this country, whether they are managed by ICE or through a contract, must provide basic, safe, clean facilities with clear water and decent food. The General Assembly will have their day in court. In the meantime, they can sleep at night, which may be more than we can say for detainees at some ICE detention centers.聽
Krista Kafer is a Sunday Denver Post columnist.
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