Immigration detainees are challenging long-held assumptions about workers’ rights within detention centers and prisons, leading to significant legal developments that extend minimum wage laws and protections against forced labor to individuals in civil detention. In Washington state, detainees who were paid $1 a day for cleaning were awarded over $17 million, as a jury recognized them as employees entitled to minimum wage. This marks a pivotal moment as courts are increasingly adopting textualist interpretations of labor laws, effectively challenging the practices of private detention center operators contracted with agencies such as U.S. Immigration and Customs Enforcement.
Despite assertions from companies like CoreCivic and GEO Group that participation in work programs is voluntary, detainees have argued that the conditions and consequences of non-participation, such as solitary confinement, suggest otherwise. The legal landscape is evolving, with courts upholding class certifications for forced labor claims and questioning the employment status of detainees. For a detailed exploration of these changes, visit Law360’s article.