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Detention Center Operator Retaliated Against Immigrant Detainees, Labor Board Finds

Private prison company GEO Group is facing accusations of retaliating against immigrant detainees who protested working conditions at a California facility, the National Labor Relations Board (NLRB) has found. According to a complaint filed by a regional NLRB office in Los Angeles on Jan. 6, GEO Group allegedly punished detainees at its detention center in Bakersfield for signing a petition and participating in a work stoppage to protest wages and working conditions. The complaint alleges that protesters had commissary privileges revoked, were placed in solitary confinement, and faced disciplinary write-ups.

Immigrant Detainees Face Retaliation

Two detainees named in the complaint, Pedro Jesus Figueroa Padilla and Jose Ruben Hernandez Gomez, held cleaning and maintenance jobs at GEO Group’s Bakersfield facility. The men were paid $1 per day for their work, according to their attorney. The California Collaborative for Immigrant Justice, an organization representing the detainees, praised the NLRB’s complaint as a landmark move for workers’ rights. The complaint recognized detained workers as employees under federal law.

GEO Group’s Response

In response, GEO Group spokesperson Christopher Ferreira stated that the company strongly disagrees with and disputes the allegations. He argued that because work was performed on a “strictly voluntary” basis, the immigrant detainees could not be considered employees under federal law and were not subject to the alleged violations. Ferreira maintained that participation in the Voluntary Work Program does not equate to being an employee.

Legal Battle Ahead

The complaint marks the first step in litigating the case, following an investigation that found merit to the detainees’ claims. If a settlement is not reached with GEO Group, the case will proceed to an administrative law judge hearing scheduled for August. Sameer Ashar, an attorney representing the detainees, acknowledged the challenges ahead, noting potential obstacles with the NLRB under the Trump administration’s control.

Jose Ruben Hernandez Gomez shared his harrowing experience of being transferred to a facility in El Paso, where he faced mistreatment, including being shackled, placed in solitary confinement, and threatened with force-feeding to break a hunger strike. Gomez suffered injuries from falls due to the hunger strike and unsanitary conditions, impacting his physical and mental well-being. Despite the ordeal, he expressed concern for those still in detention, reflecting on the nightmares and flashbacks he continues to endure.

GEO Group’s operations in California have been contentious, with ongoing activism among detainees and clashes with state officials over regulatory oversight. The company’s resistance to inspections and fines for unsafe conditions have fueled tensions, highlighting the complex landscape of immigration detention and labor rights. As the legal battle unfolds, the implications for immigrant detainees and their advocates remain uncertain in a system grappling with accountability and justice.