California regulators have reached a settlement with the GEO Group, a private prison company that operates federal immigration detention facilities, confirming that detainees who perform work at these sites are entitled to state workplace safety protections. The agreement, announced this week, ends a three-year dispute over whether immigrant detainees should be classified as employees under California law.

In 2023, the California Division of Occupational Safety and Health (Cal/OSHA) imposed more than $100,000 in fines on the GEO Group following complaints from detainees about unsafe working conditions at one of the company’s facilities. Detainees reported performing cleaning tasks for $1 per day without adequate protective equipment or training, including wiping black mold from shower walls and handling unlabeled cleaning chemicals amid the COVID-19 pandemic. Cal/OSHA cited six violations, with the largest penalty tied to the absence of effective procedures to reduce exposure to airborne diseases.

The GEO Group challenged the fines, arguing that detainees participating in Immigration and Customs Enforcement’s (ICE) voluntary work program were not employees, citing that detainees set their own schedules and that exposure to hazards was not directly linked to assigned duties. However, California’s Occupational Safety and Health Appeals Board rejected this position early last year, holding that detainees should be regarded as “affected employees” subject to worker protections. The GEO Group subsequently filed a lawsuit, which was withdrawn as part of this week’s settlement.

Under the terms of the settlement, GEO Group agreed to pay the assessed fines and develop plans to minimize aerosol-transmitted diseases at twelve California secure and reentry facilities, including five detention centers. The agreement also upholds the appeals board’s ruling allowing detainees to participate anonymously in workplace safety proceedings, acknowledging concerns over potential retaliation.

While the settlement resolves the issue at the state level, the federal government has taken a different stance. In June, ICE released revised detention standards emphasizing that detainee volunteers are not considered employees and therefore do not qualify for labor protections. Advocates have criticized this position as potentially undermining state-level worker protections.

Mariel Villarreal, an attorney with the California Collaborative for Immigrant Justice that initiated the original complaint, noted the timing of ICE’s updated guidelines. She suggested the changes were a response to the legal battle with GEO Group, citing reports that GEO executives requested ICE clarify detainees’ employment status to limit liability. Villarreal also highlighted the close ties between the GEO Group and former ICE officials now in private industry.

ICE has stated it is transitioning detention facilities to comply with the new 2026 standards over time, maintaining that it continues to implement best practices in detention operations. A spokesperson did not comment directly on the settlement.

The GEO Group and other detention operators have faced similar legal challenges in multiple states related to detainee work programs and compensation. Advocates say the California settlement sets an important precedent, though they remain concerned about efforts to circumvent worker protections at the federal level. Villarreal described such efforts as attempts to “sidestep responsibility” and maintain profitability by avoiding fines tied to hazardous working conditions.