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DOJ: Immigration jail shouldn't have to pay minimum wage

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DOJ: Immigration jail shouldn't have to pay minimum wage
News

News

DOJ: Immigration jail shouldn't have to pay minimum wage

2019-08-24 00:22 Last Updated At:00:30

The Trump administration is opposing Washington state's effort to make a privately run, for-profit immigration jail pay detainees minimum wage for the work they do.

Washington Attorney General Bob Ferguson sued The GEO Group in 2017, saying its Northwest Detention Center in Tacoma must pay the state minimum wage to detainees who perform kitchen, laundry, janitorial, maintenance and barbershop tasks. The lawsuit seeks to force GEO to turn over profits it gained by underpaying them — an amount that could reach into the millions.

U.S. District Judge Robert Bryan has already issued some key rulings in the state's favor. But in a "statement of interest" filed this week, the Justice Department called the lawsuit "an aggressive and legally unjustified effort by the State of Washington to interfere with federal immigration enforcement," and it urged Bryan to reject it.

FILE - In this June 21, 2017, file photo, a detainee mops a floor in a hallway of the Northwest Detention Center in Tacoma, Wash., during a media tour of the facility.  The Trump administration is opposing Washington state’s effort to make a privately run, for-profit immigration jail pay detainees minimum wage for the work they do. Washington Attorney General Bob Ferguson sued The GEO Group in 2017, saying its Northwest Detention Center in Tacoma must pay the state minimum wage to detainees who perform kitchen, janitorial and other tasks. (AP PhotoTed S. Warren, File)

FILE - In this June 21, 2017, file photo, a detainee mops a floor in a hallway of the Northwest Detention Center in Tacoma, Wash., during a media tour of the facility. The Trump administration is opposing Washington state’s effort to make a privately run, for-profit immigration jail pay detainees minimum wage for the work they do. Washington Attorney General Bob Ferguson sued The GEO Group in 2017, saying its Northwest Detention Center in Tacoma must pay the state minimum wage to detainees who perform kitchen, janitorial and other tasks. (AP PhotoTed S. Warren, File)

The department said that because the state's minimum wage act doesn't apply to inmates of state prisons, it impermissibly discriminates against the federal government to apply it to a federal contractor holding detainees on civil immigration violations. The judge has already rejected that argument, but on Thursday agreed to reconsider it and other arguments and set a hearing for Sept. 12.

"The State insists that these federal immigration detainees are 'employees' under state law, even though it simultaneously exempts similarly-situated detainees in state facilities from the minimum wage," the Justice Department said. "Basic constitutional principles prevent a State from interfering with the federal government's activities in the way Washington is trying to do here."

The Northwest Detention Center is a 1,575-bed jail, one of the nation's largest privately run immigrant detention centers. On any given day, about 470 of them perform some sort of work through a voluntary program at the facility, earning $1 per day. GEO has the authority to pay more, but Congress will only reimburse it up to that amount.

FILE - In this June 21, 2017, file photo a detainee works in the kitchen of the Northwest Detention Center in Tacoma, Wash., during a media tour of the facility.  The Trump administration is opposing Washington state’s effort to make a privately run, for-profit immigration jail pay detainees minimum wage for the work they do. Washington Attorney General Bob Ferguson sued The GEO Group in 2017, saying its Northwest Detention Center in Tacoma must pay the state minimum wage to detainees who perform kitchen, janitorial and other tasks.(AP PhotoTed S. Warren, File)

FILE - In this June 21, 2017, file photo a detainee works in the kitchen of the Northwest Detention Center in Tacoma, Wash., during a media tour of the facility. The Trump administration is opposing Washington state’s effort to make a privately run, for-profit immigration jail pay detainees minimum wage for the work they do. Washington Attorney General Bob Ferguson sued The GEO Group in 2017, saying its Northwest Detention Center in Tacoma must pay the state minimum wage to detainees who perform kitchen, janitorial and other tasks.(AP PhotoTed S. Warren, File)

Washington argues it is entitled to enforce the minimum wage law against GEO just as it's entitled to enforce it against any other company. The law does exempt state prisons from paying inmates for work, but it doesn't do the same for private detention centers, it says.

Further, the state says, GEO's contract with U.S. Immigration and Customs Enforcement requires the detainee work program to comply with all applicable labor laws — including Washington's minimum wage law, since GEO is in a clear employer-employee relationship with the detainees.

"The Trump Administration apparently thinks the for-profit, private company that runs Northwest Detention Center should be above the law," Ferguson said in an emailed statement. "Despite President Trump's position, GEO must comply with Washington law and either pay the detainees that run its facility minimum wage, or pay minimum wage to Washington workers to do the job."

FILE - In this June 21, 2017, file photo, a guard with the GEO Group stands in a detainee processing section of the Northwest Detention Center in Tacoma, Wash., during a media tour of the facility.  The Trump administration is opposing Washington state’s effort to make a privately run, for-profit immigration jail pay detainees minimum wage for the work they do.Washington Attorney General Bob Ferguson sued The GEO Group in 2017, saying its Northwest Detention Center in Tacoma must pay the state minimum wage to detainees who perform kitchen, janitorial and other tasks. (AP PhotoTed S. Warren, File)

FILE - In this June 21, 2017, file photo, a guard with the GEO Group stands in a detainee processing section of the Northwest Detention Center in Tacoma, Wash., during a media tour of the facility. The Trump administration is opposing Washington state’s effort to make a privately run, for-profit immigration jail pay detainees minimum wage for the work they do.Washington Attorney General Bob Ferguson sued The GEO Group in 2017, saying its Northwest Detention Center in Tacoma must pay the state minimum wage to detainees who perform kitchen, janitorial and other tasks. (AP PhotoTed S. Warren, File)

GEO has attacked Ferguson's lawsuit as being "politically motivated." In court documents, the company says the state has known about the dollar-a-day payments since as early as 2009, but that Ferguson did not file a lawsuit until after the 2016 election of President Donald Trump and his implementation of controversial immigration policies.

WASHINGTON (AP) — Israel this week briefed Biden administration officials on a plan to evacuate Palestinian civilians ahead of a potential operation in the southern Gaza city of Rafah aimed at rooting out Hamas militants, according to U.S. officials familiar with the talks.

The officials, who were not authorized to comment publicly and requested anonymity to speak about the sensitive exchange, said that the plan detailed by the Israelis did not change the U.S. administration’s view that moving forward with an operation in Rafah would put too many innocent Palestinian civilians at risk.

Israeli Prime Minister Benjamin Netanyahu has vowed to carry out a military operation in Rafah despite warnings from President Joe Biden and other western officials that doing so would result in more civilian deaths and worsen an already dire humanitarian crisis.

The Biden administration has said there could be consequences for Israel should it move forward with the operation without a credible plan to safeguard civilians.

“Absent such a plan, we can’t support a major military operation going into Rafah because the damage it would do is beyond what’s acceptable,” U.S. Secretary of State Antony Blinken said late Friday at the Sedona Forum, an event in Arizona hosted by the McCain Institute.

Some 1.5 million Palestinians have sheltered in the southern Gaza city as the territory has been ravaged by the war that began on Oct. 7 after Hamas militants attacked Israel, killing 1,200 people and taking about 250 hostages.

The United Nations humanitarian aid agency on Friday said that hundreds of thousands of people would be “at imminent risk of death” if Israel moves forward with the Rafah assault. The border city is a critical entry point for humanitarian aid and is filled with displaced Palestinians, many in densely packed tent camps.

The officials added that the evacuation plan that the Israelis briefed was not finalized and both sides agreed to keep discussing the matter.

White House press secretary Karine Jean-Pierre told reporters on Friday that no “comprehensive” plan for a potential Rafah operation has been revealed by the Israelis to the White House. The operation, however, has been discussed during recent calls between Biden and Netanyahu as well as during recent virtual talks with top Israeli and U.S. national security officials.

“We want to make sure that those conversations continue because it is important to protect those Palestinian lives — those innocent lives,” Jean-Pierre said.

The revelation of Israel's continued push to carry out a Rafah operation came as CIA director William Burns arrived Friday in Egypt, where negotiators are trying to seal a cease-fire accord between Israel and Hamas.

Hamas is considering the latest proposal for a cease-fire and hostage release put forward by U.S., Egyptian and Qatari mediators, who are looking to avert the Rafah operation.

They have publicly pressed Hamas to accept the terms of the deal that would lead to an extended cease-fire and an exchange of Israeli hostages taken captive on Oct. 7 and Palestinian prisoners in Israeli jails.

Hamas has said it will send a delegation to Cairo in the coming days for further discussions on the offer, though it has not specified when.

Israel, and its allies, have sought to increase pressure on Hamas on the hostage negotiation. Signaling that Israel continues to move forward with its planning for a Rafah operation could be a tactic to nudge the militants to finalize the deal.

Netanyahu said earlier this week that Israeli forces would enter Rafah, which Israel says is Hamas’ last stronghold, regardless of whether a truce-for-hostages deal is struck. His comments appeared to be meant to appease his nationalist governing partners, and it was not clear whether they would have any bearing on any emerging deal with Hamas.

Blinken visited the region, including Israel, this week and called the latest proposal “extraordinarily generous” and said “the time to act is now.”

In Arizona on Friday, Blinken repeated remarks he made earlier this week that "the only thing standing between the people of Gaza and a cease-fire is Hamas.”

The Chahine family prepares to bury two adults and five boys and girls under the age of 16 after an overnight Israeli strike in Rafah, southern Gaza Strip, Friday, May 3, 2024. An Israeli strike on the city of Rafah on the southern edge of the Gaza Strip killed several people, including children, hospital officials said Friday. (AP Photo/Ismael Abu Dayyah)

The Chahine family prepares to bury two adults and five boys and girls under the age of 16 after an overnight Israeli strike in Rafah, southern Gaza Strip, Friday, May 3, 2024. An Israeli strike on the city of Rafah on the southern edge of the Gaza Strip killed several people, including children, hospital officials said Friday. (AP Photo/Ismael Abu Dayyah)

FILE - Palestinians line up for free food during the ongoing Israeli air and ground offensive on the Gaza Strip in Rafah, Jan. 9, 2024. A top U.N. official said Friday, May 3, 2024, that hard-hit northern Gaza was now in “full-blown famine" after more than six months of war between Israel and Hamas and severe Israeli restrictions on food deliveries to the Palestinian territory. (AP Photo/Hatem Ali, File)

FILE - Palestinians line up for free food during the ongoing Israeli air and ground offensive on the Gaza Strip in Rafah, Jan. 9, 2024. A top U.N. official said Friday, May 3, 2024, that hard-hit northern Gaza was now in “full-blown famine" after more than six months of war between Israel and Hamas and severe Israeli restrictions on food deliveries to the Palestinian territory. (AP Photo/Hatem Ali, File)

Palestinians rescue a woman survived after the Israeli bombardment on a residential building of Abu Alenan family in Rafah, southern Gaza Strip, early Saturday, May 4, 2024. (AP Photo/Ismael Abu Dayyah)

Palestinians rescue a woman survived after the Israeli bombardment on a residential building of Abu Alenan family in Rafah, southern Gaza Strip, early Saturday, May 4, 2024. (AP Photo/Ismael Abu Dayyah)

President Joe Biden walks across the South Lawn of the White House as he talks with White House press secretary Karine Jean-Pierre Thursday, May 2, 2024, in Washington, after returning from a trip to North Carolina. (AP Photo/Mark Schiefelbein)

President Joe Biden walks across the South Lawn of the White House as he talks with White House press secretary Karine Jean-Pierre Thursday, May 2, 2024, in Washington, after returning from a trip to North Carolina. (AP Photo/Mark Schiefelbein)

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