Aaron Reichlin-Melnick
@reichlinmelnick.bsky.social
Senior Fellow at the American Immigration Council. Commenting generally on immigration law and policy. Retweets =/= endorsements, views are my own.
Of course, as the lawyer for GEO reminded the Justices, this is about a very real-world issue; the fact that lawyers have been successful in throwing sand in the deportation machine's gears is bad for their profit and thus bad for ICE.
The merits of one of those cases may go to the Court next year.
The merits of one of those cases may go to the Court next year.
November 11, 2025 at 12:57 AM
Of course, as the lawyer for GEO reminded the Justices, this is about a very real-world issue; the fact that lawyers have been successful in throwing sand in the deportation machine's gears is bad for their profit and thus bad for ICE.
The merits of one of those cases may go to the Court next year.
The merits of one of those cases may go to the Court next year.
In the end, only Justice Alito came in with a first question that took GEO's side, suggesting GEO had a good policy argument that lawsuits against it should be treated like lawsuits against ICE itself.
But even his heart didn't really seem into it. By the end he almost sounded defensive.
But even his heart didn't really seem into it. By the end he almost sounded defensive.
November 11, 2025 at 12:48 AM
In the end, only Justice Alito came in with a first question that took GEO's side, suggesting GEO had a good policy argument that lawsuits against it should be treated like lawsuits against ICE itself.
But even his heart didn't really seem into it. By the end he almost sounded defensive.
But even his heart didn't really seem into it. By the end he almost sounded defensive.
Justices Kagan and Jackson also expressed very clear skepticism for GEO's argument, both making it clear on their first questions they believed GEO was trying to invent a brand new immunity out of thin air.
November 11, 2025 at 12:40 AM
Justices Kagan and Jackson also expressed very clear skepticism for GEO's argument, both making it clear on their first questions they believed GEO was trying to invent a brand new immunity out of thin air.
Justice Sotomayor's first question pushed GEO on how they were stretching the precedent to create a new kind of immunity (one which they claimed had actually been there the whole time!).
She made the obvious point: if the government pays someone to break the law, why should the company be immune?
She made the obvious point: if the government pays someone to break the law, why should the company be immune?
November 11, 2025 at 12:37 AM
Justice Sotomayor's first question pushed GEO on how they were stretching the precedent to create a new kind of immunity (one which they claimed had actually been there the whole time!).
She made the obvious point: if the government pays someone to break the law, why should the company be immune?
She made the obvious point: if the government pays someone to break the law, why should the company be immune?
The first time Justice Barrett asked a question, it was to push back against GEO's policy arguments, asking why contractors couldn't just price litigation risk into their contracts?
GEO's lawyer claimed that would be illegal. The government, when it was up, basically went "Huh? No it's not."
GEO's lawyer claimed that would be illegal. The government, when it was up, basically went "Huh? No it's not."
November 11, 2025 at 12:31 AM
The first time Justice Barrett asked a question, it was to push back against GEO's policy arguments, asking why contractors couldn't just price litigation risk into their contracts?
GEO's lawyer claimed that would be illegal. The government, when it was up, basically went "Huh? No it's not."
GEO's lawyer claimed that would be illegal. The government, when it was up, basically went "Huh? No it's not."
The first time Justice Kavanaugh chimed in, it was also to express skepticism. Here's the first thing he asked GEO's lawyer.
November 11, 2025 at 12:27 AM
The first time Justice Kavanaugh chimed in, it was also to express skepticism. Here's the first thing he asked GEO's lawyer.
The biggest problem for GEO is that their whole theory was a biiiig overstretch -- so much so that even the Trump administration wasn't on their side. The Solicitor General argued that GEO Group was wrong.
The first very question GEO's lawyer got was clear skepticism from Justice Thomas.
The first very question GEO's lawyer got was clear skepticism from Justice Thomas.
November 11, 2025 at 12:22 AM
The biggest problem for GEO is that their whole theory was a biiiig overstretch -- so much so that even the Trump administration wasn't on their side. The Solicitor General argued that GEO Group was wrong.
The first very question GEO's lawyer got was clear skepticism from Justice Thomas.
The first very question GEO's lawyer got was clear skepticism from Justice Thomas.
GEO was sued under forced labor laws for operating ICE's "Voluntary Work Program," which pays $1 per day to people held in ICE detention who "voluntarily" cook, clean, and maintain a facility (which cuts GEO's costs). They wanted immunity because ICE authorized it. Here's how GEO's lawyer started.
November 11, 2025 at 12:17 AM
GEO was sued under forced labor laws for operating ICE's "Voluntary Work Program," which pays $1 per day to people held in ICE detention who "voluntarily" cook, clean, and maintain a facility (which cuts GEO's costs). They wanted immunity because ICE authorized it. Here's how GEO's lawyer started.
Welp, that’s the Senate side of the shutdown over, it seems.
November 9, 2025 at 11:48 PM
Welp, that’s the Senate side of the shutdown over, it seems.
This was required as part of a Day One executive order. Took them a while to get them operationalized it seems.
November 6, 2025 at 11:42 PM
This was required as part of a Day One executive order. Took them a while to get them operationalized it seems.
I just deleted this post, as @SeidelContent has clarified that Bovino was referring to Los Angeles, not Chicago. I think it’s still absurd for Bovino to be saying that, but don’t want to mislead.
November 6, 2025 at 9:07 PM
I just deleted this post, as @SeidelContent has clarified that Bovino was referring to Los Angeles, not Chicago. I think it’s still absurd for Bovino to be saying that, but don’t want to mislead.
My favorite professor in college, who I credit to no small extent for me ending up in law school, wrote this great book on the jury and how important it is.
November 6, 2025 at 8:19 PM
My favorite professor in college, who I credit to no small extent for me ending up in law school, wrote this great book on the jury and how important it is.
Wild for Helen Andrews to hand-wave this stuff as "half-clad pin-ups":
- Outright porn posted on the walls at multiple worksites
- Penthouses and Playboys shared publicly to be read at work
- Management allowed nude women calendars but barred political ones
It's good that this is now unacceptable!
- Outright porn posted on the walls at multiple worksites
- Penthouses and Playboys shared publicly to be read at work
- Management allowed nude women calendars but barred political ones
It's good that this is now unacceptable!
November 6, 2025 at 4:27 PM
Wild for Helen Andrews to hand-wave this stuff as "half-clad pin-ups":
- Outright porn posted on the walls at multiple worksites
- Penthouses and Playboys shared publicly to be read at work
- Management allowed nude women calendars but barred political ones
It's good that this is now unacceptable!
- Outright porn posted on the walls at multiple worksites
- Penthouses and Playboys shared publicly to be read at work
- Management allowed nude women calendars but barred political ones
It's good that this is now unacceptable!
Finally, Judge Gettleman addresses significant accusations about ICE's process, including that ICE is falsely coercing people into deportations, that people's locations were not entered in the public locator system, and that people were told to sign documents they couldn't read.
November 5, 2025 at 11:54 PM
Finally, Judge Gettleman addresses significant accusations about ICE's process, including that ICE is falsely coercing people into deportations, that people's locations were not entered in the public locator system, and that people were told to sign documents they couldn't read.
Next, Judge Gettleman addresses concerns about legal access, ordering ICE to let people call their lawyer (the same right people arrested for a crime have), as well as access to confidential legal phone calls and visitation space, access to a list of pro bono lawyers, and interpretation.
November 5, 2025 at 11:48 PM
Next, Judge Gettleman addresses concerns about legal access, ordering ICE to let people call their lawyer (the same right people arrested for a crime have), as well as access to confidential legal phone calls and visitation space, access to a list of pro bono lawyers, and interpretation.
Judge Gettleman also ordered ICE to provide people their medicine, and to create a system where family members can bring a prescription to someone who needs it.
Multiple people had said that they didn't get their meds for days (this is a common problem in jails, I'll note).
Multiple people had said that they didn't get their meds for days (this is a common problem in jails, I'll note).
November 5, 2025 at 11:45 PM
Judge Gettleman also ordered ICE to provide people their medicine, and to create a system where family members can bring a prescription to someone who needs it.
Multiple people had said that they didn't get their meds for days (this is a common problem in jails, I'll note).
Multiple people had said that they didn't get their meds for days (this is a common problem in jails, I'll note).
ICE must also ensure that people get adequate food and water, including three full meals a day, plus access to water.
People testified that ICE sometimes gave out only bread, or just 1-2 sandwiches a day, and people would get 3 small water bottles a day and nothing else.
People testified that ICE sometimes gave out only bread, or just 1-2 sandwiches a day, and people would get 3 small water bottles a day and nothing else.
November 5, 2025 at 11:42 PM
ICE must also ensure that people get adequate food and water, including three full meals a day, plus access to water.
People testified that ICE sometimes gave out only bread, or just 1-2 sandwiches a day, and people would get 3 small water bottles a day and nothing else.
People testified that ICE sometimes gave out only bread, or just 1-2 sandwiches a day, and people would get 3 small water bottles a day and nothing else.
Next, ICE must provide the most basic requirements of personal hygiene.
- People have to be given soap, toilet paper, and toothbrushes.
- If held for multiple days, people get a right to a shower.
- ICE has to clean the toilets, so people aren't constantly exposed to filth.
- People have to be given soap, toilet paper, and toothbrushes.
- If held for multiple days, people get a right to a shower.
- ICE has to clean the toilets, so people aren't constantly exposed to filth.
November 5, 2025 at 11:38 PM
Next, ICE must provide the most basic requirements of personal hygiene.
- People have to be given soap, toilet paper, and toothbrushes.
- If held for multiple days, people get a right to a shower.
- ICE has to clean the toilets, so people aren't constantly exposed to filth.
- People have to be given soap, toilet paper, and toothbrushes.
- If held for multiple days, people get a right to a shower.
- ICE has to clean the toilets, so people aren't constantly exposed to filth.
Judge Gettleman's order addresses most of the "serious conditions" shown by testimony from immigrants and citizens detained at the ICE facility.
First, basic stuff: people can't be made to sleep on cold concrete floors for days at a time, cells must be cleaned, and overcrowding must be managed.
First, basic stuff: people can't be made to sleep on cold concrete floors for days at a time, cells must be cleaned, and overcrowding must be managed.
November 5, 2025 at 11:34 PM
Judge Gettleman's order addresses most of the "serious conditions" shown by testimony from immigrants and citizens detained at the ICE facility.
First, basic stuff: people can't be made to sleep on cold concrete floors for days at a time, cells must be cleaned, and overcrowding must be managed.
First, basic stuff: people can't be made to sleep on cold concrete floors for days at a time, cells must be cleaned, and overcrowding must be managed.
NEW: Judge Gettleman just ordered ICE to improve "serious conditions" inside its Broadview facility in Chicago.
Yesterday, people testified in court that they were crammed into overcrowded and filthy cells for days, with little access to lawyers, and pressured into deportation.
Yesterday, people testified in court that they were crammed into overcrowded and filthy cells for days, with little access to lawyers, and pressured into deportation.
November 5, 2025 at 11:19 PM
NEW: Judge Gettleman just ordered ICE to improve "serious conditions" inside its Broadview facility in Chicago.
Yesterday, people testified in court that they were crammed into overcrowded and filthy cells for days, with little access to lawyers, and pressured into deportation.
Yesterday, people testified in court that they were crammed into overcrowded and filthy cells for days, with little access to lawyers, and pressured into deportation.
“Idle facility activations” mostly refers to CoreCivic bringing unused private prisons online — to be used by ICE.
In 2023, California stopped using a massive prison which CoreCivic had built in the California desert in the 90s. It sat empty until August. Now it’s ICE’s largest jail.
In 2023, California stopped using a massive prison which CoreCivic had built in the California desert in the 90s. It sat empty until August. Now it’s ICE’s largest jail.
November 5, 2025 at 10:59 PM
“Idle facility activations” mostly refers to CoreCivic bringing unused private prisons online — to be used by ICE.
In 2023, California stopped using a massive prison which CoreCivic had built in the California desert in the 90s. It sat empty until August. Now it’s ICE’s largest jail.
In 2023, California stopped using a massive prison which CoreCivic had built in the California desert in the 90s. It sat empty until August. Now it’s ICE’s largest jail.
Decision Desk’s tracker of the AG race is an interesting sight!
November 5, 2025 at 12:56 AM
Decision Desk’s tracker of the AG race is an interesting sight!
Deleted a previous version of this post which said all DPS officers will get 287(g) authority, which requires them to go through a training first. That may not be the case, as DPS hasn’t yet said how they’ll operationalize this.
November 5, 2025 at 12:03 AM
Deleted a previous version of this post which said all DPS officers will get 287(g) authority, which requires them to go through a training first. That may not be the case, as DPS hasn’t yet said how they’ll operationalize this.
One man who's been in the United States here for 20 years, and whose wife and kids live here, even says he was physically threatened into signing his own deportation, with the ICE officer threatening to physically hurt him if he didn't sign the paper, or even grab his hands and "sign" for him.
November 4, 2025 at 10:40 PM
One man who's been in the United States here for 20 years, and whose wife and kids live here, even says he was physically threatened into signing his own deportation, with the ICE officer threatening to physically hurt him if he didn't sign the paper, or even grab his hands and "sign" for him.
The declarations keep coming back to the ways in which the awful conditions themselves were used to coerce deportations.
Here, one lawyer describes how his client, who had a work permit, US citizen children, and a strong case for relief, was coerced into giving up his case.
Here, one lawyer describes how his client, who had a work permit, US citizen children, and a strong case for relief, was coerced into giving up his case.
November 4, 2025 at 10:39 PM
The declarations keep coming back to the ways in which the awful conditions themselves were used to coerce deportations.
Here, one lawyer describes how his client, who had a work permit, US citizen children, and a strong case for relief, was coerced into giving up his case.
Here, one lawyer describes how his client, who had a work permit, US citizen children, and a strong case for relief, was coerced into giving up his case.