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Paying Immigrant Detainees the Minimum Wage
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Paying Immigrant Detainees the Minimum Wage

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ProCon Debates: Should Prisons Be Privatized?; Should the Federal Minimum Wage Be Increased?

ProCon Issue in the News: A federal appeals court is considering rehearing a case about whether private prisons have to pay immigrant detainees the minimum wage of the state in which they work.

On behalf of Immigration and Customs Enforcement (ICE), the GEO Group operates the Northwest Immigration and Customs Enforcement Processing Center in Tacoma, Washington. The private prison is one of the largest immigration detention facilities in the United States. The GEO Group paid immigrant detainees $1 a day for work, which, according to detainees and the state of Washington, was illegal. In 2021 a jury awarded $17.3 million in back pay to detainees, and a federal judge ordered the GEO Group to pay $5.9 million to Washington for the unjust enrichment that it obtained by not adhering to the state’s minimum wage law.

The verdict was upheld by the U.S Court of Appeals for the Ninth Circuit in January 2025. The court held that all private companies are required to abide by state minimum wage laws. On February 6 the GEO Group petitioned the court to hear the case again. It argued that Washington state pays its own detainees in state prisons less than the minimum wage.

The GEO Group faces similar lawsuits in California and Colorado. Experts suggest that the case could wind up in the U.S. Supreme Court, which could then set a national precedent that would have an impact not only on the GEO Group but also on other private prison companies, including CoreCivic, MTC, and LaSalle Corrections.

Discussion Questions

  • Should prisons be privatized? Why or why not?
  • Should the federal minimum wage be increased? Should state minimum wages be increased? Explain your answers.
  • Should immigrant detainees and prisoners be paid minimum wage for their work while held in prison? Should there be different rules for state and private prisons? Explain your answers.

Sources

  1. Lauren-Brooke Eisen, “Private Prison Company Seeks New Hearing on Wages for Immigrants in Detention” (February 14, 2025), brennancenter.org
  2. Washington State Office of Attorney General, “Ninth Circuit Affirms For-profit Operator of Northwest ICE Processing Center Violated Labor Law” (January 16, 2025), publicnow.com
  3. Washington State Office of Attorney General, “For-Profit Operator of the Northwest ICE Processing Center Must Pay $23.2 Million as a Result of Unfair Labor Practices” (November 2, 2021), atg.wa.gov