Federal Appeals Court Overturns California’s Ban on Private Immigration Detention Centers

Judge Jacqueline Nguyen was part of the the U.S. Court of Appeals for the 9th Circuit that ruled Immigration and Customs Enforcement relies almost exclusively on privately operated detention facilities in California to maintain flexibility. File photo from 2015 in Los Angeles, California. John Moore/Getty Images

California’s ban on privately owned and operated immigration detention facilities is unconstitutional because it interferes with and gives the state a veto over federal government operations, the U.S. Court of Appeals for the 9th Circuit ruled on Sept. 26.

In an 8–3 vote, an 11-member en banc panel of the court declared that California law AB 32, which states that “a person shall not operate a private detention facility within the state,” violates the Supremacy Clause in Article VI of the U.S. Constitution.