California Settles With GEO Group Over Immigrant Detainee Workplace Safety

The GEO Group has agreed to pay more than $100,000 in fines to the state of California after a legal battle confirmed that detainees performing work at private immigration facilities are subject to state workplace safety and health requirements. According to the California Division of Occupational Safety and Health (Cal/OSHA), the settlement ensures that individuals performing work in these facilities are entitled to protections and can report hazards without fear of retaliation.

Cal/OSHA Settlement and Safety Violations

The settlement concludes a three-year dispute over the employment status of detainees. In 2023, Cal/OSHA issued $104,510 in fines against the Florida-based GEO Group following complaints from detainees. These individuals reported cleaning facilities for $1 per day without proper training or protective equipment.

Specific allegations included:

• Wiping black mold off shower walls.
• Exposure to black dust emanating from air vents.
• Use of cleaning solutions that lacked instructions during the COVID-19 pandemic.

The largest penalty stemmed from the company’s failure to maintain “effective written procedures to reduce employee risk of exposure to aerosol transmissible disease,” according to Cal/OSHA records. As part of the agreement, the GEO Group withdrew its legal challenges and agreed to develop plans to prevent aerosol transmissions at 12 secure and reentry facilities in California, including five immigrant detention centers.

The Legal Battle Over ‘Employee’ Status

The core of the conflict rested on whether detainees in ICE’s voluntary work program are legally considered employees. The GEO Group argued that because detainees set their own schedules and participate voluntarily, hazard exposure did not occur as a result of “assigned duties,” a requirement for coverage under California law.

The state’s Occupational Safety and Health Appeals Board rejected this argument last year, ruling that detainees should be classified as “affected employees.” While the GEO Group initially sued to overturn this, the company settled three days before a California Superior Court hearing in May. Denisse Gómez, spokesperson for Cal/OSHA, stated that the settlement preserves the board’s ruling allowing civil immigration detainees to participate in safety proceedings anonymously to prevent retaliation.

ICE Federal Standards vs. State Protections

Despite the California settlement, the federal government has moved to clarify that detainees are not employees. Last month, U.S. Immigration and Customs Enforcement (ICE) released revised detention standards specifying that “detainee volunteers participating in the voluntary work program are not considered facility and/or government employees” and are not entitled to labor regulations.

Mariel Villarreal, who works for the California Collaborative for Immigrant Justice, suggests these new federal standards are a direct reaction to the Cal/OSHA settlement. Villarreal cited a Washington Post report indicating that GEO Group executives privately asked ICE to specify that detainees are not employees. She argues this is an attempt to “sidestep responsibility” and protect profits by avoiding similar fines in other states.

An ICE spokesperson stated via email that the agency is transitioning facilities to meet 2026 standards to maintain “safe, secure, and professional detention operations.” The spokesperson did not comment specifically on the California settlement.

Comparison of Labor Claims in Detention Centers

The GEO Group continues to face other legal challenges in Washington, Colorado, and California regarding the $1-per-day payment provided to detainees. While the new ICE standards aim to limit labor claims nationwide, Villarreal maintains that the Cal/OSHA settlement will remain binding within California regardless of federal guidelines.