Carlos Romero-Hernandez, who was detained at the Aurora Processing Center in Colorado for eight months in 2024, sued the private prison operator GEO Group and facility officials alleging violations of his constitutional rights during his immigration detention. Romero-Hernandez claimed he was subjected to prolonged solitary confinement, denied adequate medical care for a chronic back condition, and forced to work in the facility's kitchen for $1 per day in violation of federal labor laws.
Judge Domenico found that Romero-Hernandez failed to establish the personal involvement of individual defendants required for Section 1983 claims and could not demonstrate deliberate indifference to his medical needs. 'While plaintiff's allegations describe conditions that are certainly unpleasant, they fall short of the constitutional threshold for cruel and unusual punishment,' Domenico wrote. The court noted that Romero-Hernandez received medical treatment on multiple occasions and that his placement in restrictive housing was justified by disciplinary infractions.
The court was particularly critical of the plaintiff's forced labor claims, writing that 'the plaintiff's characterization of his voluntary participation in the facility's work program as forced labor borders on frivolous and demonstrates a fundamental misunderstanding of both the legal standards and the factual record.' Judge Domenico noted that participation in work programs is standard practice in detention facilities and that compensation, while modest, is not constitutionally required.
The case reached Judge Domenico after Romero-Hernandez was released from detention and filed his pro se complaint in December 2025. GEO Group moved to dismiss in February 2026, arguing that the claims were time-barred, failed to state viable constitutional violations, and improperly sought to challenge lawful detention conditions. The company also argued that as a private contractor, it could not be held liable under theories typically applied to government actors.
Romero-Hernandez argued in response that his prolonged isolation - which he claimed lasted 45 days - constituted punishment without due process and that the denial of adequate medical care violated his Fourteenth Amendment rights. He also contended that the $1-per-day wage violated federal minimum wage laws and constituted involuntary servitude. The court rejected each argument, finding that the plaintiff had failed to plead facts showing constitutional violations or establish that private actors could be held liable under his chosen legal theories.
The ruling adds to a growing body of case law limiting the ability of immigration detainees to successfully challenge conditions of confinement through federal civil rights lawsuits. While other circuits have reached varying conclusions on the scope of constitutional protections for immigration detainees, Judge Domenico's decision reflects a restrictive approach that emphasizes the differences between criminal incarceration and immigration detention.
The dismissal with prejudice means Romero-Hernandez cannot refile his claims, though he retains the right to appeal to the Tenth Circuit Court of Appeals. The decision may influence how other immigration detainees in the region pursue civil rights claims against private detention operators, particularly regarding medical care and work program policies that are standard across GEO Group facilities nationwide.