A federal judge Thursday blocked part of a new Colorado law that deals with inspections at immigration detention centers, and U.S. District Court Judge Daniel Domenico granted a partial preliminary injunction against House Bill 26-1276 after GEO, which operates the state’s only immigration detention center, sued over its constitutionality. The ruling narrows Colorado’s ability to oversee health and safety conditions at the Aurora ICE Processing Center—a facility that has been at the center of recent tuberculosis outbreak concerns.
What changed
Domenico’s order voids a section of the law that allows health departments to conduct unannounced inspections at least four times per year and imposes hefty fines for refusal. Judge Daniel Domenico found that the law singled The GEO Group out as a federal contractor and required it “to violate its contract with the federal government, both grounds for preemption.” The requirement of a certain number of unannounced visits, for example, does not appear elsewhere.
The injunction applies “at least until a contract between private prison operator The GEO Group and U.S. Immigration and Enforcement expires in October,” according to the court’s order. However, the judge said the ruling “granted the GEO Group a narrow, temporary injunction against one provision of a new 2026 law-not the broad relief it sought-and leaves Colorado’s existing public health and safety authority intact.”
Why it matters
This ruling limits Colorado’s ability to independently investigate conditions and enforce public health standards at federal immigration detention facilities within the state. That section unfairly targets a federal contractor and goes beyond holding GEO to the same standards as other prisons and detention facilities in the state, and the bill facially singles out federal activity for state regulation.
If you represent a detainee or family member concerned about conditions at the Aurora facility, note that Colorado health officials retain pre-existing general public health authority—the injunction blocks only the new inspection regime. Colorado’s lawsuit filed yesterday seeks to enforce that existing authority and require GEO to cooperate with the state’s investigation into tuberculosis at the Aurora facility. State officials have signaled they will pursue other avenues to conduct health investigations under existing state law, not solely HB26-1276.
The timing matters: this is a preliminary injunction, not a final ruling. The underlying litigation will continue, and the injunction expires if GEO’s federal contract ends in October.
Way forward
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Verify current authority: If you are working with a client detained at Aurora, ask state or local health officials what existing public health investigative powers remain available after this ruling. The injunction does not eliminate Colorado’s general authority to protect public health.
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Track the underlying litigation: This is preliminary relief only. The full case on the constitutionality of HB26-1276 remains pending. Monitor the federal court docket for updates on GEO’s motion for a permanent injunction and the merits briefing.
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Document conditions: If facility conditions are a concern for your client, gather evidence now. State health officials may pursue investigations under pre-HB26-1276 authority, which may have different procedural requirements than the blocked unannounced-inspection regime.
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Consult updated guidance: Check with the Colorado Attorney General’s office and Adams County health department for clarification on what health oversight mechanisms remain in effect.
Disclaimer
This article is provided for informational purposes and is not legal advice. Folaform is a software and publishing company, not a law firm. Immigration and detention law is complex and subject to rapid change. You must consult a licensed immigration attorney or accredited representative to understand how this ruling affects your specific circumstances and to verify the current status of the law and any ongoing litigation. Policy and court rulings can change without notice.