The GEO Group Comments on Favorable Ruling by En Banc Panel of U.S. Court of Appeals for the Ninth Circuit Against California’s AB32 Law
On September 26, 2022, in an 8-3 decision, the En Banc Court vacated a prior U.S. District Court decision denying the requests by GEO and the United States for declaratory and injunctive relief barring application of the California law to federal immigration processing centers.
- On September 26, 2022, in an 8-3 decision, the En Banc Court vacated a prior U.S. District Court decision denying the requests by GEO and the United States for declaratory and injunctive relief barring application of the California law to federal immigration processing centers.
- The En Banc Court ruled that AB32 would give California a virtual power of review over detention decisions made by U.S. Immigration and Customs Enforcement (ICE), in violation of the Supremacy Clause.
- The En Banc Court held that whether analyzed under intergovernmental immunity or preemption, California cannot exert such control over the federal governments detention operations.
- The case is remanded to the U.S. District Court for further proceedings, consistent with the En Banc Court ruling.