FOR IMMEDIATE RELEASE
August 19, 2026
CONTACT
Lilly Gonzalez, media@nipnlg.org
SANTA ANA, CA—On August 17, the U.S. District Court for the Central District of California denied the GEO Group’s motion for summary judgment in its entirety, allowing the case over the death of Martin Vargas Arellano at the Adelanto ICE Processing Center to proceed toward a jury trial. The court rejected every argument GEO raised for why it should not have to answer for his death and found that “there are sufficient facts that a reasonable jury could conclude that GEO Group’s acts were a substantial factor in bringing about Vargas’s injury.”
Mr. Vargas Arellano’s son, Martin Vargas, brought claims of negligence and wrongful death against the GEO Group, after his father contracted COVID-19 while detained at the Adelanto detention center, and eventually passed away on March 8, 2021. Mr. Vargas alleges that the GEO group was negligent in caring for his father and ultimately responsible for him having contracted COVID-19 and his eventual death.
Judge John W. Holcomb also granted the plaintiff partial summary judgment on the question of duty, ruling that GEO owed Mr. Vargas Arellano a duty of care while he was in its custody.
The court turned down each of GEO’s defenses:
- GEO argued it was immune from suit under the PREP Act, a federal law that shields certain pandemic-related medical decisions. The court held the PREP exemption does not cover claims that a company failed to follow the COVID protocols it was required to follow by federal law.
- GEO argued the plaintiff could not show that its conduct caused Mr. Vargas Arellano’s illness and death, and that his stroke was “inevitable.” The court held that a reasonable jury could find otherwise, and that the question belongs to the jury.
- GEO argued that punitive damages were off the table. The court found genuine disputes remain, pointing in part to the conduct of Adelanto’s then facility administrator, James Janecka, who is now GEO’s Western Region Vice President.
- GEO argued the plaintiff could not recover for wrongful death. The court disagreed and held that that claim also must go to the jury.
- GEO argued that the newly enacted California Government Code §7320, which allows attorneys’ fees, costs, and expert fees for people injured by private detention operators that violate their own contract standards, could not apply to conduct in 2020. The court rejected that, too. This means that GEO will likely have to pay attorneys fees and costs if Martin Vargas is successful in any claims against GEO.
In the course of the ruling, the court described facts that GEO does not dispute: GEO allowed staff members with COVID-19 symptoms into Adelanto at least 47 times, and GEO allowed at least one staff member who had known exposure to come in close contact with Mr. Vargas Arellano. GEO was under contract with ICE to follow CDC and ICE Covid-19 guidance that required screening of every person entering the facility and to turn away anyone with COVID-19 symptoms, and also to turn away anyone exposed to the virus unless there was a critical need for them. It was also under a federal court injunction requiring testing, distancing, protective equipment, and population reduction at Adelanto.
“GEO gave the court five separate reasons why this case should end before trial, and the court turned down all five,” said Khaled Alrabe, Senior Staff Attorney at the National Immigration Project. “Mr. Vargas Arellano asked to be released from Adelanto because he knew what the virus would do to someone with his health. Sick staff kept walking through the door anyway. His family has waited five years to put that in front of a jury, and now they will get to.”
“GEO will be held accountable for its failure to follow federal detention standards that require the protection of vulnerable detainees. This case sets a precedent for future actions against private prison companies who believe they can profit from mass detention while violating basic human rights,” said Attorney Stacy Tolchin.
“We will not allow Mr. Vargas Arellano’s death to be in vain. ICE’s decision to release a man with multiple COVID-19 co-morbidities only after its own contractor failed to keep him safe from the disease is a disgrace, which the prior Administration acknowledged.This lawsuit will ensure accountability in the face of our government’s backtracking on enforcing basic health and safety standards, which is more egregious than ever,” said Attorney Laboni Hoq.
Mr. Vargas also sued the federal government for its role in his father’s suffering and death, including its failure to provide required oversight over GEO’s compliance with COVID-19 standards, which the parties settled in November 2024. Through discovery in the case, Mr. Vargas learned that ICE’s Office of Civil Rights and Civil Liberties (“CRCL”) determined that ICE’s decision to release Mr. Vargas Arellano on his deathbed, in an apparent attempt to avoid requirements to investigate his death and report it publicly, was a “missed opportunity to improve the care provided and reduce liability.” Following CRCL’s finding, ICE amended its death investigation and reporting policy to include detainee deaths occurring 30 days after release, which the Trump administration recently rescinded in the face of record numbers of detainee deaths.
Mr. Vargas Arellano was detained at Adelanto beginning in April 2019. He had high blood pressure, diabetes, liver disease, cellulitis, and severe psychiatric illness, and he asked repeatedly to be released as the pandemic spread. ICE refused. He contracted COVID-19 in December 2020 and died on March 8, 2021, at the age of 55, after pneumonia, a fall, brain surgery, and a stroke. The lawsuit was brought on behalf of his son, Martin Vargas, and is litigated by the National Immigration Project, the Law Offices of Stacy Tolchin, and Hoq Law.
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The National Immigration Project is a membership organization of attorneys, advocates, and community members who believe that all people should be treated with dignity, live freely, and flourish. We litigate, advocate, educate, and build bridges across movements to ensure that those most impacted by the immigration and criminal systems are uplifted and supported. Learn more at nipnlg.org. Follow the National Immigration Project on Instagram, Bluesky, Facebook, and Threads at @NIPNLG.