GEO defended its practices and argued that the case should be tossed out because it's immune from lawsuits as a government contractor.
After a judge disagreed, the company asked the Supreme Court to allow it to quickly appeal the ruling. But the justices refused.
“If eventually found liable, GEO may of course appeal ... but GEO must wait until then,” Justice Elena Kagan wrote. All nine justices agreed with the outcome, but two justices, Clarence Thomas and Samuel Alito, differed on the reasoning.
An attorney who argued for the Colorado detainees applauded the ruling. “The Supreme Court’s unanimous decision reaffirms a straightforward rule: government contractors like GEO do not qualify for sovereign immunity and must follow the same ‘one case, one appeal’ principle that governs every other litigant," Jennifer Bennett said.
The Florida-based GEO Group is one of the top private detention providers in the country, with management or ownership of about 77,000 beds at 98 facilities. Its contracts include a new federal immigration detention center where Newark, New Jersey, Mayor Ras Baraka was arrested at a protest in May 2025, before the case against the Democrat was dropped.
Similar lawsuits have been brought on behalf of immigration detainees elsewhere, including a case in Washington state, where the company was ordered to pay more than $23 million.
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