(TACOMA) An overturned court ruling by the Ninth U.S. Circuit Court of Appeals on August 20, 2025 cleared Washington State to conduct unannounced inspections and enforce new health and safety standards at the Northwest ICE Processing Center (NWIPC) in Tacoma, reversing a lower court injunction that had blocked a 2023 oversight law. The decision immediately authorizes the Department of Health and the Department of Labor & Industries to enter the federal detention facility without advance notice, review records, interview detainees and staff, and issue fines up to $10,000 per violation. GEO Group, the facility’s operator, declined comment by August 23.
The law establishes minimum living standards at the NWIPC, which has capacity for 1,575 people under a federal contract. Required conditions include fresh fruits and vegetables, working air conditioning and heat, free telecommunication services, weekly mental health evaluations, and rooms with windows. Noncompliance can draw civil penalties of up to $10,000 per incident, with tougher measures for repeat violations. The Department of Health can investigate complaints, and both agencies must publish inspection findings.
As of August 23, officials had not released an inspection schedule, but they said the court’s decision allows immediate planning for routine, unannounced entry.
Background and legal context
The ruling follows years of conflict over how Washington State can oversee a federally used, privately operated detention site. Lawmakers initially attempted a statewide ban on private detention facilities, but courts sidelined that approach. They shifted to oversight, passing the 2023 law that GEO Group challenged as preempted by federal authority.
Allegations about conditions at the facility have been frequent, including claims of mistreatment, medical neglect, and poor nutrition. In 2025, state officials reported seven potential tuberculosis cases connected to the facility. Separately, courts ordered GEO Group to pay nearly $20 million in back wages after paying detainees $1 per day.
Public records show GEO’s 2015 federal contract was worth at least $700 million over ten years, with potential annual revenue around $57 million at full capacity — detail that helps explain why both the operator and the state contested who sets rules inside the fence.
“The decision allows the state to work toward safer, healthier conditions for everyone in these facilities,” the Department of Health said, calling the ruling an affirmation of state power to protect people inside.
Rep. Lillian Ortiz‑Self, sponsor of a bill to expand inspections to all private detention sites, praised the added transparency. Rep. Chris Corry opposed the 2023 law, arguing detention management belongs to the federal government. GEO Group did not respond to media questions by August 23.
What the ruling changes at the NWIPC
The core of the 2023 law is steady, independent scrutiny. Key powers granted to state teams include:
- Unannounced entry to the facility
- Examination of kitchens, clinics, and housing units
- Interviews with people in custody and staff
- Review of logs and records
- Testing of temperatures and ventilation
- Verification of access to free calls and messages
If problems recur, penalties can escalate. The Department of Health can investigate individual complaints and publish results, giving families and attorneys a public record.
According to analysis by VisaVerge.com, this layered approach adds accountability without displacing federal inspections already in place.
How inspections and enforcement will work (step-by-step)
- State teams arrive without notice and walk the facility.
- Inspectors measure compliance with written standards (food, climate, windows, telecom, mental health).
- If standards are not met, inspectors issue citations and civil penalties (up to $10,000 per violation).
- Follow-up inspections are scheduled to confirm corrections.
- The Department of Health may open full investigations on complaints, interview involved parties, and recommend further action.
- Findings are published publicly to create a record of problems, fixes, and repeat violations.
Federal oversight remains, but with a new layer
Federal oversight continues in parallel. ICE’s Office of Detention Oversight and outside contractors conduct regular reviews and issue corrective actions. Advocates and researchers have criticized those audits as too forgiving, warning about “compliance theater” when reported fixes do not last.
The new state authority does not remove federal control of immigration detention, but it adds a second layer of review. ICE’s public inspection reports and standards are posted at https://www.ice.gov/foia/odo-facility-inspections, offering a baseline for comparison once Washington posts its own results from unannounced inspections at the Tacoma facility.
Practical impacts on daily life inside NWIPC
Practically, the ruling promises concrete changes for people held at the NWIPC:
- Food: More consistent provision of fresh fruits and vegetables.
- Climate control: Working air conditioning and heat monitored and verified.
- Natural light: Checks for rooms with windows.
- Communication: Free telecommunication services verified (phones/tablets without fees).
- Mental health: Regular, weekly mental health evaluations with follow-up care when needed.
GEO Group must meet state benchmarks in addition to federal requirements, and faces fines for shortfalls. State teams can run complaint‑driven investigations and publish results, adding transparency advocates have sought.
Political and policy implications
The political debate continues:
- Supporters — including Rep. Lillian Ortiz‑Self — say unannounced inspections are basic public health tools protecting people in state jurisdiction regardless of immigration status.
- Opponents — including Rep. Chris Corry and GEO Group — argue detention operations fall under federal authority and contracts, warning state rules can conflict with federal terms.
The Ninth Circuit’s ruling indicates that neutral health and safety standards can operate alongside federal immigration enforcement within the current legal framework.
Wider stakes for Washington State and beyond
The Ninth Circuit’s action will likely resonate beyond Tacoma. States hosting federally used, privately run detention sites have watched Washington’s efforts closely. The central legal question — can state health and safety rules be enforced at facilities holding people under federal authority? — is answered “yes” in Washington for now.
Key consequences and considerations:
- The law requires agencies to publish inspection findings and enforcement actions, creating a public record for families, attorneys, and local leaders.
- Transparency helps hold operators accountable and provides common facts for future legislative debates.
- GEO Group and its contractors may need to intensify documentation, training, and regular audits to meet written requirements consistently.
- Repeated violations can trigger escalating penalties and more frequent checks.
The NWIPC’s scale — 1,575 beds — means changes in Tacoma affect families across the region. The focus on measurable standards (food quality, temperature stability, natural light, free communications, weekly mental health checks) provides a clear yardstick for assessing treatment and dignity while in custody.
Next steps and implementation details
Administrative steps underway include:
- Finalizing training for inspection teams
- Coordinating entry procedures and logistics
- Establishing evidence collection and storage protocols
- Setting schedules for follow-ups when violations are found
While no inspection dates were announced by August 23, officials say planning is underway and inspections can begin as resources and logistics permit.
Once reports are posted, the public can:
- Compare findings across time
- See whether fines or corrective orders lead to lasting change
- Track whether improvements persist from one inspection cycle to the next
Ongoing uncertainties and legal options
Legally, the case may not be over; GEO Group can pursue further appeals. But the Ninth Circuit’s order currently controls, allowing Washington State’s health and labor agencies to act unless another court intervenes.
Immediate impact: inspectors can enter without warning, compare conditions against state standards, publish findings, and levy fines up to $10,000 per violation.
For people inside the NWIPC and their families, the real test will be whether inspections and public reporting produce steady, measurable improvements in health, safety, and access during their time in custody. State health officials emphasized that disease control will be a priority after seven potential tuberculosis cases were reported this year; inspectors can now review isolation procedures, test records, treatment timelines, and ventilation performance to ensure protocols match the law’s requirements and current public health guidance.
This Article in a Nutshell
The Ninth Circuit cleared Washington to enforce its 2023 oversight law at NWIPC on August 20, 2025, allowing unannounced state inspections, record reviews, detainee interviews, and fines up to $10,000 per violation. The law mandates concrete standards—fresh food, functioning climate control, free telecom, weekly mental-health checks—and requires agencies to publish inspection findings. Federal oversight remains, but state enforcement adds transparency and accountability for the 1,575-bed facility.
