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...

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