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Criminal,
9th U.S. Circuit Court of Appeals

Jun. 8, 2021

DOJ argues law against private prisons is preempted

“Congress has expressly authorized the use of these privately operated facilities,” said Michael W. Kirk, an attorney with Cooper & Kirk PLLC who represents The Geo Group Inc., the prison company.

Attorneys for the U.S. Department of Justice and a private prison company told an appellate panel Monday that a state law barring the federal government from operating immigration detention facilities and for-profit jails should be preempted.

"Congress has expressly authorized the use of these privately operated facilities," said Michael W. Kirk, an attorney with Cooper & Kirk PLLC who represents The Geo Group Inc., the prison c...

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