States Are Blocking Trump's Detention Empire — And It's Working

ICE Admits Its Own Facilities Are Killing People

Last week, ICE released an inspection report on Camp East Montana, the Texas detention center where staff allegedly placed bets on which detainee would attempt suicide next. The findings: 49 documented failures in medical care, disease control, and oversight. Undocumented uses of force. Inadequate sexual assault response protocols.

This wasn't leaked by advocates or uncovered by investigative reporters. The federal government's own auditors documented the suffering. And the federal government will do nothing about it.

Nearly 70,000 people are now detained by ICE — a 70% increase from the end of the Biden administration. Children are reportedly denied medical treatment, drinkable water, and hygiene supplies. Deaths in ICE custody hit a two-decade high in 2025 and are on pace to surpass that record this year. Meanwhile, facility inspections dropped by more than 36%.

More bodies. Fewer inspectors. And a private detention industry profiting from every person behind bars.

States Aren't Waiting for Washington

While Congress remains paralyzed and the White House churns out executive orders, something significant is happening at the state level. Governors and state legislators are moving aggressively to impose accountability on a detention system explicitly designed to avoid it.

New Mexico just enacted HB9, which prohibits public bodies from entering agreements with ICE to hold immigrants for civil detention. The consequence is immediate: the state's largest detention center will have to close this year.

"New Mexico is not going to participate in the business of human misery," said State Representative Eleanor Chavez, co-chair of the State Futures Federal Response Coalition.

New Mexico isn't alone. State Futures, a coalition tracking state-level resistance, is monitoring over 200 immigration and rule of law bills moving in 31 states. The range of tools being deployed is striking.

How States Are Dismantling the Detention Machine

Cutting off cooperation. Twelve states — including California, Colorado, Delaware, Illinois, Maryland, Oregon, and Washington — have limited or banned state and local law enforcement from cooperating with federal immigration detention, including 287(g) agreements that delegate enforcement authority to local police.

Taxing private detention. New Jersey lawmakers proposed a 50% tax on the gross receipts of private immigrant detention facilities, with proceeds directed to an immigrant protection fund. This is a direct strike at the financial model that makes mass detention profitable.

Establishing legal rights for detained people. Washington gives detained individuals a private right of action — the ability to sue for monetary and injunctive relief when their rights under state law are violated. GEO Group, a federal contractor operating ICE facilities, tried to block the law and failed. Massachusetts is considering guaranteeing detained people meaningful access to information in their primary language, access to counsel, and phone access.

Zoning and health standards. Maryland restricts the conditions under which zoning variances and permits can be issued for private detention facilities. Illinois is weighing a bill that would prohibit detention facilities within 1,500 feet of schools, daycare centers, parks, and places of worship. Colorado is considering authorizing its Department of Public Health to require facilities to meet health and safety standards.

Transparency requirements. Maine requires law enforcement agencies to retain records whenever federal immigration authorities request that someone be held. Illinois requires annual reporting to the state attorney general on immigration enforcement requests. Washington lawmakers have proposed both a statewide registry of all detention facilities and mandatory reporting of serious incidents to the Department of Health.

Inspection authority. Colorado requires annual health inspections of detention facilities. Washington has established routine inspections by its Department of Health. New York is considering creating a dedicated legislative committee for detention facility oversight.

Why This Matters Now

For generations, liberals have been wary of state power, associating federalism with its ugly history as a shield for oppression. That wariness was understandable. It was also costly.

Conservatives figured out decades ago that states are critical venues of power. Acting in concert, they can shift narratives, move markets, and generate pressure that no single state can produce alone. ALEC has spent 50 years moving model bills from capitol to capitol through trusted networks of like-minded legislators.

The left ceded that ground for far too long. But state legislators who share a vision for the public good are finally reclaiming it.

These efforts aren't confined to deep blue trifecta states. Bills are moving in purple states and even some red states where local communities are pushing back against the expansion of detention infrastructure in their backyards.

The Trump administration wants to build a massive new detention empire. States are blocking construction, cutting off cooperation, and making it financially unviable. While Washington absorbs the daily torrent of provocations and paralysis, state governments are doing the work of accountability.

New Mexico just proved it can be done. The question is how many other states will follow.