In its filing, GEO emphasized that the principle established in the airport case — where state and local entities cannot impede federal operations, particularly regarding immigration policy — should apply to the voluntary work program at the Tacoma facility. GEO contended that the state of Washington should not be able to impose its own wage laws on a federal contractor acting under federal guidelines.
The issue arose when the Washington Supreme Court ruled last year that civil detainees held in private facilities could be entitled to the state’s minimum wage, which currently stands at more than $16 per hour. In contrast, detainees at GEO’s Tacoma facility were only paid $1 per day for performing tasks such as cleaning, cooking, and doing laundry as part of the voluntary work program.
GEO argued that the voluntary work program is a requirement for all federally contracted immigration centers and operates in line with standards and pay rates set by the federal government. The U.S. Department of Justice filed an amicus brief, asserting that applying state minimum wage laws to detainees in private facilities would conflict with Congress’ intent for voluntary work programs and would be prohibited under the Supremacy Clause of the U.S. Constitution.
