ICE’s New Immigration Detention Center Guidelines Make Them Even More Dangerous
On June 15, Immigration and Customs Enforcement released new rules governing immigration jails intended to “streamline requirements” and “reduce the burden on our detention operators.”
The Washington Post reported on Tuesday that during the revision process, The GEO Group, one of the biggest private prison firms in the country, requested that ICE make changes that would benefit its businesses and court cases.
The GEO Group has significant ties with the Trump administration. It was a major donor to President Donald Trump’s 2025 inaugural fund and Trump-aligned super PAC. In 2025, they spent more than $3.6 million on lobbying expenditures. Perhaps most importantly two of Trump’s top immigration officials—Border Czar Tom Homan and Acting Director of ICE David Venturella—were previously employed by them.
In a statement, ICE claimed it “consulted with a variety of stakeholders, including facility operators responsible for implementing the standards,” and “considered that input” during the revision process. The end result, however, is a series of policies that overwhelmingly benefit private prisons.
Detention centers have always been inhumane institutions by design. Under Trump, they are becoming even worse.
This includes: first, clarifying that detainees “are not considered facility and/or government employees and are not entitled to wages or benefits.” This effectively eliminates a prior rule that stipulated that detainees “shall receive monetary compensation of not less than $1.00 per day for work completed.”
That change alone is a major win for private prisons. The GEO Group has faced multiple lawsuits for violating minimum wage laws. In 2023, the Washington Supreme Court ordered the company to pay $17.3 million to hundreds of detainees in back pay.
By designating detainees as non-employees, ICE is providing private prisons with the legal excuse needed to engage in even more egregious wage theft.
Second, the new guidelines specify that detention centers do not “have a right of refusal for any ICE detainee that ICE decides to detain.” As such, they will likely be forced to admit people who are severely ill or injured, regardless of whether they are able to provide appropriate medical care.
A related rule change notes that “in cases where a detainee has medical or mental health needs that exceed the capabilities of the facility, the facility shall notify ICE and request a transfer.” This process may take days—time that a detainee with a life-threatening condition may not have. To date, at least 50 people have died in ICE detention since the start of Trump’s mass deportation campaign in January 2025.
Notably, last year, the Department of Homeland Security (DHS) funneled $10 billion through the Navy to accelerate the construction of new detention centers that could house as many as 10,000 people each. Under the Navy’s terms, contractors building and staffing those new facilities do not have a “right of refusal and shall take all referrals from ICE as applicable.” ICE’s new guidelines expand that “right of refusal” to existing immigration centers.
This sets a dangerous precedent at a time when more US citizens are being swept up in ICE’s immigration raids. This includes people like Dulce Consuelo Diaz Moralez, a US-born citizen, who was wrongfully imprisoned by ICE for 25 days late last year. Denying detention centers a “right of refusal” will likely protect them from any lawsuits resulting from US citizens arrested and held by ICE.
Third, detention centers are permitted to use “machine learning-based translation or generative AI” for “non-critical communication (i.e., those of moderate importance, urgency, or significance) or during informal interactions with detainees.” This includes “reviewing and responding to a detainee’s non-English grievance or other request related to basic issues/concerns within detention.”
As Dr. Homer Venters, an expert on correctional healthcare, remarks, such grievances often include “very urgent or even emergent information such as when a patient has been denied lifesaving care.”
Many detainees have reported........
