For Immediate Release
May 16, 2025
Contact
media@nipnlg.org
Washington, DC – This week, the U.S. District Court for the Central District of California granted Plaintiffs leave to file a third amended complaint in the case of Martin Vargas v. GEO Group et al., a significant development in the effort to hold private detention contractors accountable for the death of Martin Vargas Arellano, who was detained at the GEO operated Adelanto Detention Facility. Due to the gross negligence of GEO and Wellpath, the private contractor responsible for providing medical care at the Adelanto Detention Facility, Mr. Vargas Arellano contracted COVID-19 and subsequently suffered a string of COVID-related complications including multiple hospitalizations, a stroke, and ultimately his death. The Court’s order, issued on May 13, 2025, recognizes that justice required amendment in light of critical information uncovered through discovery about GEO’s unlawful actions and the dismissal of the United States as a party from the lawsuit.
The amended complaint, filed on May 16, 2025, includes extensive new evidence showing that both GEO Group and Wellpath systematically failed to implement COVID-19 protocols and comply with ICE and their own detention standards, which directly led to Mr. Vargas Arellano’s illness and death. The complaint seeks punitive damages based on newly uncovered facts demonstrating GEO’s willful and reckless misconduct.
With Plaintiff’s successful settlement of claims brought against the United States for its role in the lax compliance with detention standards at the Adelanto Detention Facility, the case now focuses on GEO and Wellpath’s independent liability under California state law, including AB3228. The complaint lays the legal groundwork for holding private contractors accountable for failing to comply with detention standards. It also comes on the heels of the California Attorney General’s recent report on Immigration Detention in California, which highlights that persistence of the same violations of detention standards by GEO and Wellpath that caused Mr. Vargas Arellano to contract COVID-19 and led to his death, making accountability through this lawsuit even more imperative.
“The new facts detailed in the amended complaint reveal the cruel extent of GEO’s misconduct in a system that encourages abuse and lack of accountability,” said Khaled Alrabe, Senior Staff Attorney at the National Immigration Project. “The complaint demands justice not just for Mr. Vargas Arellano and his family, but for all people suffering under the neglect of private detention contractors.”
Mr. Vargas Arellano contracted COVID-19 at Adelanto despite repeated pleas for release due to multiple severe medical conditions that made him especially vulnerable to COVID-19. The lawsuit was brought on behalf of his son 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 (NIPNLG) 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 NIPNLG on Bluesky, Facebook, Twitter/X, and Instagram at @NIPNLG.