US judge enjoins California’s ban on most private prisons

A federal judge has enjoined a California law that would effectively ban most private prisons in the state, pending the outcome of litigation.

SB 29 was passed in 2017 in response to President Donald Trump's illegal immigration crackdowns. It bars local governments from signing new agreements to allow private prisons to operate.

The law quickly was challenged by Geo Group Inc. The company operates two lockups in McFarland for those who entered the country illegally. GEO Group, Inc. v. Newsom, 2:20-cv-00533-TLN-AC (E.D. Cal., filed March 9, 2020).

An advocacy group for people in the U.S. without legal permission also sued the city to prevent it from reauthorizing these facilities. Immigrant Legal Resources Center v. City of McFarland, 1:20-cv-00966-TLN-AC (E.D. Cal., filed July 10, 2020).

Both cases are before U.S. District Judge Troy L. Nunley. On Aug. 10, Nunley ruled in favor of the immigrant advocacy groups, enjoining Geo from taking in new inmates at the facility pending the outcome of litigation.

But on Monday, Nunley enjoined California from enforcing SB 29 -- in part due to the other litigation. Geo has appealed his ruling in the Immigrant Legal Resources Center case, he wrote, adding the state was free to seek to intervene in that case.

"It is unclear what harm, if any, GEO would suffer if the court denies the stay," Nunley wrote. "However, the harm to defendants if the court grants the stay is also minimal."

-- Malcolm Maclachlan