Lisa Himes Publishes Law360 Analysis of GEO Group v. Menocal

The United States Supreme Court heard oral arguments on Nov. 10 in GEO Group, Inc. v. Menocal, a case that has significant implications for federal government contractors. The justices have been asked to decide whether an order denying a government contractor’s claim of derivative sovereign immunity is immediately appealable under the collateral order doctrine.

Lisa N. Himes, Of Counsel at Rogers Joseph O’Donnell P.C., authored a Law360 article (subscription required) analyzing the case. In “How To Prepare If Justices Curb Gov’t Contractor Immunity,” Himes reviews the case background, highlights from oral argument, and potential implications for government contractors

The case arises from a 2014 class action lawsuit filed by immigration detainees against GEO, which operates the Aurora Immigration Processing Center in Colorado, under a government contract with the U.S. Immigration and Customs Enforcement. The detainees allege non-compliance with the Colorado Minimum Wages of Workers Act, violations of the forced labor provision in the Trafficking Victims Protection Act, and unjust enrichment. GEO asserted that derivative sovereign immunity protected it from suit, while the detainees argued the opposite. In October 2022, the district court denied GEO’s motion, and the Tenth Circuit dismissed GEO’s appeal of the district court ruling. The Supreme Court granted certiorari in June 2025.

“If the Supreme Court determines that a denial of derivative sovereign immunity is not subject to a collateral order appeal, which the court appears to be signaling through the oral arguments, it could result in federal contractors deciding not to compete for critical support contracts where the costs of potential tort litigation are simply too high,” Himes wrote.

Himes focuses her practice primarily on government contracts matters. She has more than 25 years of experience litigating and consulting involving a wide range of matters. She has significant experience asserting federal doctrines and defenses, such as federal officer removal, combatant activities preemption, the political question doctrine, derivative sovereign immunity, and the government contractor defense, including in Martin v. Halliburton, a case cited by the government in its GEO Group v. Menocal amicus brief. She also specializes in cyber and industrial security matters, particularly those involving Foreign Ownership, Control or Influence issues.

You can view a PDF copy of the full article here.