U.S. District Judge Sunshine Suzanne Sykes issued a preliminary injunction Thursday, finding that detainees who filed the lawsuit are likely to succeed in proving that conditions at Adelanto violate Fifth Amendment protections against inhumane treatment while in custody. Although the broader case will continue moving through the courts, Sykes said she could not wait to act, warning that detainees risked serious and irreversible harm without immediate intervention.

The lawsuit followed the deaths of two men held at the facility within weeks of one another last fall — 39-year-old Ismael Ayala-Uribe, a former DACA recipient, and 56-year-old Gabriel Garcia-Aviles. Both deaths remain under federal investigation, adding to growing concern nationwide over conditions inside immigration detention centers under the Trump administration.

Attorneys representing detainees argued in their complaint that Adelanto had failed to meet basic ICE detention standards, pointing to a lack of clean drinking water, insufficient food, poor sanitation, limited access to medical care and medication, and failures to properly screen new arrivals for health issues. The lawsuit also cited violations involving outdoor recreation time, family visitation, mandatory headcounts meant to confirm detainees’ safety, and accommodations for people with disabilities.

In response, Judge Sykes’ order requires the facility to provide detainees with round-the-clock access to clean drinking water, meals containing adequate calories, and free hygiene products including soap. The ruling also mandates daily cleaning of the facility and prompt removal of any mold, along with providing detainees with blankets and clothing suited to the temperature. Detainees must now be given at least four hours of outdoor recreation time each day.

The order additionally addresses family visitation, barring Adelanto from imposing restrictive time limits or preventing physical contact such as hugging or holding hands during visits. Visits can no longer be cut short simply because a visiting family member needs to step away to use the restroom.

Most people held in California’s immigration detention facilities have not been charged with crimes — their cases stem from civil immigration violations rather than criminal conduct.

Under the new order, Adelanto must conduct at least two headcounts daily, one overnight and one during the day, to confirm that detainees are accounted for and not in medical distress. The ruling also limits the use of isolation, permitting it only when there is a genuine safety threat to staff or at a detainee’s own request.

ICE and other named defendants are required to begin implementing the court-ordered changes immediately.

The Department of Homeland Security declined to comment on the ruling. In court last week, DHS attorney Pushkal Mishra argued the federal government should not be held responsible for the actions of GEO Group, the private company that operates Adelanto along with 18 other detention facilities nationwide. In a motion seeking dismissal of the case, DHS contended it should not be forced to essentially take over daily oversight of a contractor’s operations. GEO Group did not respond to a request for comment.

Disability access has emerged as a recurring complaint at ICE facilities since the start of the current administration. According to the lawsuit, one detainee said he was shackled at the wrists and ankles for court appearances despite relying on a cane to walk. Others said detainees with mobility limitations were frequently assigned to top bunks. The court’s order now requires the government to provide reasonable accommodations for people with disabilities.

Federal officials have 14 days to submit a plan addressing medical care and disability accommodations at the facility. The order requires that every detainee receive a health screening upon arrival, continued access to needed treatment and medication, and proper isolation procedures to prevent the spread of contagious illness. It also guarantees detainees access to primary, secondary and specialized medical care, along with clear information about their rights as patients.

To ensure compliance, Sykes ordered the appointment of two independent monitors who will oversee conditions for the duration of the litigation. Detainees will be able to submit complaints in English or Spanish through a secure lockbox accessible only to those monitors.

The order comes months after a report from the California Attorney General’s Office found that six people have died in immigration detention facilities within the state since the start of the administration’s mass deportation efforts. Nationally, 22 deaths have been recorded in ICE custody so far this year.

This week, the Mexican government formally urged U.S. state attorneys general to open criminal investigations into cases involving Mexican nationals who have died while in ICE custody.

Original source: CalMatters

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The settlement, finalized in May and made public this week, marks a significant win for immigrant rights advocates who have spent years pushing California lawmakers to bring private, federally run detention centers under closer state scrutiny. Eight such facilities currently operate across the state, and the number of people held in them has climbed sharply since President Trump returned to office.

The case dates back to the pandemic, when state lawmakers passed legislation granting California workplace safety inspectors access to detention facilities. In 2022, after fielding complaints from advocacy groups and detainees held at the Golden State Annex facility in McFarland, inspectors with Cal/OSHA opened an investigation and ultimately cited GEO Group for labor violations. Regulators alleged the company failed to stop the spread of COVID-19 among detained workers and did not take other necessary safety precautions.

The case is believed to be the first instance in which the state formally treated detained immigrants as employees — and the companies running their detention facilities as employers bound by California labor law.

Immigrants held in ICE custody are typically detained for civil immigration violations, not criminal offenses. Still, many participate in a voluntary work program inside detention centers, cleaning common areas, preparing meals or cutting hair for fellow detainees, tasks for which they are paid just $1 a day. Detainees often take part so they can afford items from facility commissaries or pay for phone calls to relatives.

As part of the settlement, GEO Group agreed to strengthen its illness-prevention protocols for detained workers and dropped its challenge to a state ruling issued last year that determined the company is subject to California labor law. In exchange, the state agreed to withdraw its citations. Neither GEO Group nor Cal/OSHA responded to requests for comment on the agreement.

The dispute over detention conditions is far from settled elsewhere in the state. Detention operators and federal immigration officials have repeatedly clashed with state and local regulators seeking access to facilities. Last month, a federal judge sided with San Diego County health officials, ordering the Department of Homeland Security and its contractor, CoreCivic, to allow a county inspector into the 1,400-bed Otay Mesa Detention Center near the U.S.-Mexico border. Days later, CalMatters reported that CoreCivic sold that facility, along with another one in Kern County, to the federal government.

Meanwhile, as several federal lawsuits challenge the $1-a-day wage paid to detained workers, GEO Group successfully lobbied ICE last month to revise its detention standards for contractors, according to the Washington Post. The updated standards now state that detainees “are not entitled to wages or benefits under applicable labor laws or wage regulations.”

Original source: CalMatters

UPDATE:

“A settlement has been reached affirming that private immigration detention facilities, operating under contract with the U.S. Department of Homeland Security for civil detention, including those managed by the GEO Group, a Florida-based for-profit prison company, are subject to California’s workplace safety and health requirements.

The settlement also leaves intact the Occupational Safety and Health Appeals Board ruling that civil immigration detainees who participate in facility work programs may participate anonymously in proceedings before the Appeals Board acknowledging the potential for retaliation when individuals raise workplace safety concerns.

Every worker deserves a safe and healthy workplace and should be able to report workplace hazards without fear of retaliation. Individuals who perform work in these facilities are entitled to workplace safety protections, and this settlement reinforces Cal/OSHA’s commitment to enforcing those protections and safeguarding vulnerable workers.

Cal/OSHA will continue to enforce California’s workplace safety and health laws as applicable under the facts and law governing each case including ensuring the settlement in this case is complied with.”

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