A Trump-appointed federal judge halted key provisions of a Colorado law that singled out the state’s only ICE detention center for unannounced inspections and steep fines, ruling that the measure likely violated the Constitution’s supremacy clause by targeting a private company doing the federal government’s work.
Chief U.S. District Judge Daniel Domenico issued the preliminary injunction Thursday, blocking Colorado House Bill 26-1276’s requirements that the GEO Group submit to quarterly unannounced inspections at its Aurora ICE Processing Center, and pay for those inspections, or face civil penalties of up to $50,000 per refusal.
The ruling is the latest collision between a Democratic-led state government and federal immigration enforcement. Colorado Governor Jared Polis signed HB 26-1276 into law on June 4, expanding state and local oversight of immigration detention facilities. But the law applied, in practice, to exactly one place: the GEO Group’s Aurora facility, Colorado’s lone ICE detention center. Judge Domenico found that fact dispositive.
In his written order, Judge Domenico was blunt about the law’s selective reach. GEO, he wrote, “has shown that it is singled out for a special bill that applies to no other facility.”
Colorado had argued HB 26-1276 merely brought GEO into line with regulations already imposed on other private detention facilities in the state. The judge rejected that framing point by point.
“That other facilities might have some similar regulatory burdens does not change the fact that none of them are required to comply with HB 1276. As GEO notes, the extent of the additional burden is irrelevant for purposes of this test.”
Domenico went further, noting that the law carved out a distinct regulatory lane for one category of facility, and loaded it with penalties no other operator faced.
“At least some of the burdens of this bill are unique. The requirement of a certain number of unannounced visits, for example, does not appear elsewhere. And the state acknowledges that the penalty scheme is not imposed on other facilities.”
That was enough, the judge concluded, to establish that HB 26-1276 “discriminates against GEO based on its status as a federal contractor.” The ruling relied on the supremacy clause and Supreme Court precedent holding that federal government activities must generally remain free from state regulation, protections that extend to private contractors carrying out federal operations.
The order’s scope matters. Domenico blocked the unannounced quarterly inspections, the requirement that GEO pay for those inspections, and the $50,000-per-refusal penalty scheme. Those were the provisions with immediate operational bite.
Other parts of HB 26-1276 survived, but only because Colorado told the court they weren’t being enforced yet. Provisions covering reporting and staffing requirements, annual reports on chronic health conditions and disabilities, dietary restrictions, attorney access, worship spaces, housing of minors, and onsite medical and mental health professionals all remain on the books. Colorado said those provisions required future rulemaking before they could take effect.
The preliminary injunction carries a built-in expiration date: October 15, when GEO’s existing federal contract to operate the Aurora facility runs out.
Federal courts have increasingly served as the venue where state-level attempts to obstruct or regulate federal enforcement run into constitutional limits. A recent Ninth Circuit ruling similarly handed the Trump administration a win when a state tried to resist federal authority.
Democratic Attorney General Phil Weiser moved quickly to minimize the ruling’s significance. In a statement issued Thursday, Weiser framed the injunction as a limited setback.
“Today’s ruling granted the GEO Group a narrow, temporary injunction against one provision of a new 2026 law, not the broad relief it sought, and leaves Colorado’s existing public health and safety authority intact.”
Weiser’s characterization raises a question the available record doesn’t fully answer: what broader relief did GEO seek that the court declined to grant? The attorney general didn’t elaborate, and the full scope of GEO’s original petition is not detailed in public reporting.
But Weiser also tipped his hand about Colorado’s broader strategy against the facility. He referenced a separate lawsuit filed the day before the injunction ruling, on Wednesday, seeking to compel GEO to cooperate with a state investigation into tuberculosis at the Aurora center.
“Separately, our lawsuit filed yesterday seeks to enforce that existing authority and require GEO to cooperate with the state’s investigation into tuberculosis at the Aurora facility, and we will continue using every available tool to protect the health and safety of Coloradans.”
Colorado health officials confirmed an active tuberculosis case at the Aurora facility on June 22. The details of what cooperation the state says GEO has refused remain unclear from available reporting.
The timeline tells its own story. Polis signed HB 26-1276 on June 4. By May, GEO’s Aurora center was already identified as the only facility in the state subject to the new law’s additional regulations. Less than three weeks after the law took effect, health officials confirmed the tuberculosis case. Within weeks, Colorado filed suit against GEO over the TB investigation. One day later, a federal judge blocked the heart of the law itself.
The sequence suggests Colorado was building a multi-front regulatory and legal campaign against the Aurora facility, and, by extension, against the federal immigration detention operation it houses. The law didn’t regulate “detention centers” in the abstract. It regulated one detention center, run by one company, under one federal contract.
That kind of precision targeting is exactly what the supremacy clause is designed to prevent. When a state writes a law that applies to a single federal contractor and loads it with unique penalties, the constitutional question almost answers itself. Judge Domenico’s order reflects that reality.
The broader pattern of confrontations around ICE detention facilities has played out in multiple states, with local and state officials deploying a range of legal and political tools to frustrate federal enforcement.
The October 15 expiration of GEO’s federal contract adds another layer. The preliminary injunction lasts only until that date. If the contract is renewed or replaced, the legal fight over HB 26-1276 could resume, assuming Colorado moves forward with rulemaking on the provisions the court left untouched.
If the contract lapses and no federal detention facility operates in Aurora, the law becomes a regulatory weapon with no target. Either way, the state’s attempt to use HB 26-1276 as an immediate tool to hamstring ICE operations at Aurora has been stopped cold for now.
Fox News Digital reached out to GEO and to Governor Polis’s office for comment. Neither response was reported.
The ruling fits a broader judicial trend in which federal judges have shown increasing willingness to strike down laws that exceed their constitutional boundaries, even when those laws are dressed up in the language of public safety or regulatory parity.
Governor Polis and Attorney General Weiser may frame this as a narrow, temporary pause. But the judge’s reasoning cuts deeper than any single provision. When a state writes a law that applies to exactly one company because that company works for the federal government, the Constitution has a word for it. And a federal court just said it out loud.
Colorado’s leaders can keep filing lawsuits and drafting regulations. But if the goal is to shut down federal immigration enforcement by harassing the contractors who carry it out, they’ll keep running into the same obstacle: the law of the land still applies, even in blue states that wish it didn’t.
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