Does California ban private immigration detention centers?

This is general information, not legal advice. Detention law is changing fast. Ask a lawyer how any of this affects a specific case.

What did California's law say?

In 2019, California passed AB 32. It took effect January 1, 2020. Its core rule is short: except as the law allows, a person shall not operate a private detention facility within the state, under Penal Code 9501.

The law had exceptions, for example for some medical, mental health and juvenile treatment settings, under Penal Code 9502. It also let facilities keep operating under contracts signed before January 1, 2020, but only until those contracts ended and not through extensions, under Penal Code 9505.

The state's own report notes that GEO Group's contract adding Golden State Annex and Central Valley Annex to its Mesa Verde contract was signed on December 19, 2019, days before AB 32 took effect, the California DOJ May 2026 report says.

Why didn't the ban stop ICE?

Because federal courts said California can't control how the federal government runs immigration detention.

GEO Group, a private prison company, and the federal government sued. On September 26, 2022, the full Ninth Circuit Court of Appeals ruled in The GEO Group v. Newsom that AB 32 would give California a "virtual power of review" over ICE's detention choices. It said that violates the Supremacy Clause of the U.S. Constitution, which makes valid federal law win over state law. ICE relies almost entirely on private facilities in California, and the court said the state can't force it to stop.

On May 23, 2023, the trial court entered a final judgment and permanent injunction. A case tracker, the Civil Rights Litigation Clearinghouse, summarizes it as declaring AB 32 unconstitutional as applied to ICE and the U.S. Marshals Service. That is the tracker's summary, not the judgment itself; the tracker lists no later developments.

So the answer today: AB 32 is still on the books, but it can't be used to close private immigration detention centers run for ICE.

Who runs immigration detention in California now?

Private companies run all of it. The California DOJ's May 2026 report lists eight facilities:

People arrested in the Bay Area are usually sent to facilities in the Central Valley, such as Golden State Annex, Mesa Verde, California City or Central Valley Annex. Most are far from families and lawyers, the report notes.

News reports say the federal government bought the California City facility in July 2026, and CoreCivic still runs it, according to GV Wire. We have not seen an official federal notice of the sale.

What can California still do?

More than people think. The state can't close ICE's centers, but it can watch them, tax them and limit local help.

Inspect them. Since 2017, the Attorney General must review conditions in immigration detention centers in California, under Government Code 12532. The current law says this runs until July 1, 2027. The May 2026 report found the detained population grew about 162%, from 2,303 at the 2023 visits to 6,028 at the 2025 visits.

Keep cities and counties out of the business. Under Civil Code 1670.9, from January 1, 2018:

• a city, county or local police agency without an immigration detention contract may not sign a new one,
• one with a contract may not expand its beds,
• a facility holding people under a local contract is covered by the Public Records Act, and
• before any land deal or building permit for a private immigration detention center, the local agency must give 180 days' public notice and hold at least two public meetings.

New 2026 laws. On September 29, 2026, the Governor signed a package of immigration bills, according to the Governor's announcement. For detention centers, they include:

• AB 1633 and SB 420: a 25% tax on private detention centers, with the money going to immigration related services, and an end to a tax exemption some facilities claimed,
• SB 423: more public records about private detention centers,
• SB 942, SB 957 and SB 1399: health, safety and review rules,
• AB 1801 and SB 1367: public review and zoning steps before a new center can open, and
• AB 1806: a bigger role for the Attorney General, including a plan to oversee private detention centers.

Most start January 1, 2027. Some may be challenged in court, like AB 32 was. See New California laws that help immigrant families.

Does AB 32 still do anything?

Yes. It still applies to state prisons and other detention that is not federal immigration or Marshals detention. And it shows the state's policy. But for people held by ICE, the court ruling controls.

What does this mean for my family?

• Your loved one may be held far away. Plan for long drives and use phone and video visits when you can. See Visit, call or send money to someone in ICE detention.
• Conditions are being watched. If you see a problem with care, food, safety or legal access, write it down with dates. You can report misconduct to the email addresses ICE lists on each facility page, such as Golden State Annex. Tell your loved one's lawyer too.
• A private operator does not change your loved one's rights. In immigration court they still have the right to a lawyer of their choosing, at no cost to the government, under 8 U.S.C. 1229a(b)(4), and the facility must allow private legal visits under ICE's standards, the state report notes.
• Get a lawyer fast. Bond and other chances can be time limited. See Can I get a free lawyer for immigration court?

Questions people ask

Can California close the detention centers? Not under the current court ruling. The state can inspect, tax and regulate around the edges, and limit what cities and counties do.

Why are they all private? ICE chose to rely almost entirely on private facilities in California, the Ninth Circuit noted. California counties also can't sign new immigration detention contracts under state law.

Are conditions better or worse in private centers? The state's 2026 report describes crowding and other concerns after the 2025 population surge. Read it for the facility your loved one is in.

Will the new 25% tax close any centers? It is too early to know. Watch for news after January 1, 2027.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Anywhere in the U.S.: the EOIR list of pro bono legal service providers, by court, and ImmigrationLawHelp.org, which can search by detention facility.
• Anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• San Mateo and Santa Clara county residents with low income: Community Legal Services in East Palo Alto (CLSEPA), (650) 326-6440, which has a removal defense practice.
• More help: Find a family member detained by ICE and Make a family money plan during a case or detention

Walls and contracts don't decide your loved one's worth. Stay in touch, write things down, and get them a lawyer. Families who show up change how these cases go.