US Immigration and Customs Enforcement (ICE) has drafted new contracts that explicitly state state laws ‘shall not apply’ to their private detention centers. This move comes after a federal judge ruled that ICE’s largest Pacific Northwest detention center must allow Washington health officials in, only to see ICE publish similar terms for other regions.

The new contracts mirror language from a January lawsuit where the GEO Group argued ICE controlled access over state laws. Despite a temporary pause on the order by a Ninth Circuit judge, ICE is pushing ahead with these draft terms across four states: Tacoma, Aurora (Colorado), Pompano Beach (Florida) and Philipsburg (Pennsylvania).

The proposed contracts require facilities to start housing detainees within 30 days of an award, which would be impossible for new construction. This suggests the contracts are less about competition than maintaining control over existing sites where the GEO Group already operates. The Washington ruling caps years of denied inspections and two deaths in custody.

ICE is also pushing National Detention Standards (NDS) that limit detainees’ work to $1 a day, permit AI translation tools for non-critical communication, and require operational staffing at 85% indefinitely. This move could shift the balance of power away from state oversight towards federal control over immigration detention.