ACLU Says History Supports Calif.'s Private Detention Ban

Law360 (February 17, 2021, 7:49 PM EST) -- Two civil liberties organizations asked the Ninth Circuit to toss a prison operator's challenge to California's ban on private immigration detention facilities, arguing that immigration law was not designed to protect contracts between private prisons and the federal government.

The National Immigrant Justice Center and American Civil Liberties Union told the court on Tuesday that the Immigration and Nationality Act of 1952 can't take precedence over California's A.B. 32, the newly enacted ban, because it never anticipated the federal government contracting with private facilities to detain immigrants.

"Nowhere does the INA provide similar authority for [immigration officials] to delegate detention functions...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!