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There are many changes in law and In 2016, the Department of Justice
policy that would be required for a more (DOJ) Inspector General reported that
inclusive and compassionate U.S. private prisons are substantially less
immigration system. However, there has safe and secure than ones run by the
been little attention paid to the federal Bureau of Prisons, and have
significant financial incentives that fuel higher rates of violence and
harsh and punitive migration policies, contraband.3 Based on the report, the
what might be called the “financialization DOJ announced that it would begin
of migration.” What are the financial terminating contracts with private
interests and profit incentives that prisons.4
contribute to bad policies and bad
outcomes for migrants to the U.S.? The Department of Homeland Security
(DHS) then conducted a review of
Several industries have financial whether to continue its contracts with
interests in shaping law and public private prison corporations for
policy related to migrants in order to immigration detention5 and based on
maintain their labor forces, e.g., the that review, DHS’ Advisory Council
agriculture sector relies on both recommended terminating contracts
documented and undocumented with private prisons for immigration
immigrant labor, and the technology detention.6 These policy changes at the
sector relies on foreign graduate end President Barack Obama’s
students and foreign temporary workers. administration posed significant threats
to the financial interests of the private
This analysis will focus on corporations prison corporations, and sent their stock
profiting from private immigration prices plummeting.
detention and from increases in U.S.
federal budget expenditures on For decades, DHS’ Immigration and
immigration enforcement, e.g. Customs Enforcement (ICE) has
construction of a “wall” on the operated its own large detention
southwestern border, and expenditures facilities, or “service processing centers”
on border surveillance and other in El Centro, CA; Florence, AZ; El Paso,
technologies. TX; Port Isabel, TX; Krome, FL; and
Buffalo, NY. Detainees in such facilities
Applying a Political Economy are waiting for their immigration
Analysis to Profiteering from Private hearings, which are civil, not criminal
Immigration Detention proceedings. They have not been
The privatization of the detention of convicted of any crimes, and have not
immigrants has been a growing trend, been found deportable. However, with
creating direct and substantial profits for the expansion of immigration detention,
a small number of private, for-profit approximately two-thirds of all
prison corporations.1 The economic immigrants detained are now held in
interests in maintaining private private detention facilities operated by
immigration detention facilities has to be private, for-profit prison corporations. In
understood in the larger context of the Fiscal Year (FY) 2016, $2 billion was
$7.4 billion/year private prison industry paid to 200 federal, state, local, and
that incentivizes mass incarceration.2 private detention facilities for the
detention of over 440,000 immigrants by
ICE. It costs an average of $144/day to
In 2017, Human Rights Watch and Over the past two years, formal
Freedom for Immigrants (formerly complaints and lawsuits about the
Community Initiatives for Visiting conditions in private immigration
Immigrants in Confinement, or CIVIC) detention facilities were filed in
reported on the substandard medical Washington, California, Colorado, and
care for immigrants in private Georgia. The complaints include denial
immigration detention facilities.13 In of medical care, physical and sexual
2016, Human Rights Watch had found assault, serving spoiled food, mold-filled
that 18 individuals who had died while in showers, non-functioning phones,
immigration detention facilities in 2012- restrictions on access to attorneys, and
2015 had received substandard medical violation of minimum wage laws.20 The
attention.14 Freedom for Immigrants has 10th Circuit Court of Appeals has ruled
reported a total of 177 deaths of that class action litigation by immigrant
individuals in immigration detention detainees for minimum wage violations
facilities since 2003.15 12 individuals can proceed against The Geo Group.21
died in immigration detention in
FY2017;16 there already have been 9
deaths in 2018.17
report found that detainees were not Sacramento, CA. In October 2017, he
provided interpreters, were subject to described his conditions in detention:
unnecessary strip searches, were
arbitrarily subject to solitary confinement Every day here is the same. We have to
and lock-downs, experienced delays in get up for breakfast at four thirty in the
receiving urgent medical care, did not morning. A few potatoes, eggs and two
have access to working telephones, and pieces of bread, plus milk and
were obstructed when filing grievances. margarine. There is a loudspeaker with
The facilities themselves had mold and loud announcements starting at 5:00
peeling paint, and some bathrooms a.m. and continuing all day long, so you
lacked either hot water or cold water. can never sleep. Lunch is at 11:30 a.m.,
There were shortages of basic supplies and is always soup, sometimes with
such as toilet paper, soap, and something in it, and other times mostly
toothpaste. There was spoiled and just water. Then dinner is at 2:30 p.m.
moldy food, and food beyond their The best food is on Thursday nights at
expiration dates in the kitchen dinner when we get peanut butter and
refrigerators. ICE responded that it jelly sandwiches….Here, it’s all
would enhance its monitoring of these concrete — walls and floors. There are a
facilities, but there has been little couple skylights, but no windows. We
evidence of any more proactive never get to see outside, the sun, grass
oversight.23 or anything. For one hour a day, we get
to go to the “yard.” Except that it’s really
In 2015, hundreds of immigrants at the just another room with bars and mesh
Willacy County Correctional Center in across the top instead of a ceiling….
Raymondville, TX, a CAR prison Being here is costing my family a lot.
operated by the Management & Training Just to talk to them is twenty-one cents
Corporation, refused to continue to a minute. Because the food is so bad,
participate in mandatory work details my wife pays $38 a week for an “I Care
and set fire to the tents that they were Package,” a small box containing
housed in to protest their conditions, crackers, instant soup, tuna, and
which included overcrowding and cookies. In total, my family spends $100
malfunctioning toilets constantly backing or more a week to meet my basic
sewage water into the living areas, and needs: food, phone calls, stamps and
arbitrary use of solitary confinement.24 paper, which means that in the last five
In 2017, protests and hunger strikes months, they’ve spent $2,000 on my
were held at The GEO Group-operated detainment.26
Tacoma Detention Center in
Washington, and at the Adelanto Corporate Profiteering from Private
Detention Facility in north San Immigration Detention
Bernardino county, California, where Soon after his inauguration in 2017,
three immigrant detainees died last President Donald Trump announced
year.25 plans to double the average number of
immigrants detained by ICE from
Freedom for Immigrants also has been 41,000/day to as high as 80,000/day.
documenting the testimonies of Many understand this average as a
immigrants in detention. For example, minimum “quota” of immigrants to be
37-year old Hugo Mejia from Mexico detained since ICE has already
was arrested at his construction job site contracted and paid for that detention
and was detained at the Rio capacity.
Consumnes Correctional Center near
Corporate Contributions to
Candidates and Spending on
Source: U.S. Department of Homeland Security Lobbying
Every election cycle, these private
Additional contracts will be available for prison corporations make millions of
new immigration detention facilities in dollars in political contributions. The
Chicago, IL; Detroit, MI; St. Paul, MN; Washington Post reported that The
and Salt Lake City, UT, expanding new GEO Group made over $1.3 million in
political contributions in 2015-2016. A
contributions from the Corrections work for. For example, The GEO
Corporation of America, The GEO Group’s Senior Vice President for
Group, and/or the Management & Business Development David Venturella
Training Corporation. Parts of SB 1070 was a former Director, Enforcement and
were ultimately overturned by the U.S. Removal Operations at ICE; its Vice
Supreme Court in 2012.40 President for Transportation Ed Stubbs
was a former U.S. Marshal and former
As comprehensive immigration reform Administrator for the ICE Krome
legislation was being drafted and Detention Center; and its Vice President
debated in the U.S. Senate in 2013, The for Operations Eben Morales was a
Nation uncovered the influence of former Assistant Director of the U.S.
contributions by Corrections Corporation Marshal’s Service.
of America and The GEO Group to the
bipartisan “Gang of 8” sponsoring the The GEO Group’s board members
bill. In 2012-2013, the two corporations include Julie Myers Wood, a former
contributed over $380,000 to Assistant Secretary for Homeland
Republican candidates and committees, Security (and who is married to John F.
and thousands more to Democrats. Not Wood, the chief of staff for former
surprising, many of the provisions in Homeland Security Secretary Michael
S.744 called for increases in Chertoff) and Norman Carlson, a former
enforcement activities and personnel, director of the Bureau of Prisons.
and thousands of new immigration
detention beds. Senator John McCain CoreCivic’s Senior Director for
(R-AZ) specifically argued for provisions Customer Relations for the U.S.
to increase federal criminal prosecutions Marshal’s Service and ICE Chuck
for immigration-related crimes (now Kupferer was a former Chief Deputy at
being implemented by Attorney General the U.S. Marshal’s Service; its Senior
Sessions).41 McCain received at least Director for Partnership Development
$30,000 in contributions from the Kim Porter was a former Supervisory
Corrections Corporation of America. Detention and Deportation Officer at
Another member of the Gang of 8, ICE; and its Senor Director for Federal
Senator Marco Rubio (R-FL), actively Customer Relations Anthony Odom was
supported McCain’s approach; Rubio a former Chief, Threat Analysis Division,
received $33,500 from The GEO Group, at the U.S. Marshal’s Service.
and its CEO also personally contributed
another $4,800 to Rubio’s campaign.42 CoreCivic’s board members include
Stacia Hylton, a former Director of the
Revolving Door Between Corporate U.S. Marshal’s Service; Donna
and Federal Government Leaders Alvarado, a former Deputy Assistant
Former high-ranking officials at DHS, Secretary for Defense and former
ICE, the U.S. Marshal’s Service, and Counsel to the Senate Subcommittee on
staff of Congressional committees with Immigration, Border Security, and
responsibility for immigration policy are Refugees; and Thurgood Marshall, Jr, a
now executives and board members at former Assistant to the President and
these private prison and immigration Cabinet Secretary, former Director of
detention companies. These individuals Legislative Affairs and Deputy Counsel
maintain professional and personal for the Vice President, and former
relationships with their former Counsel to the Senate Judiciary and
government agencies or committees, to Government Affairs Committees.
benefit the corporations that they now
Office (GAO) report concluded that such that work on the wall (Assembly Bill
federal expenditures would be a poor 946);50 the bill did not advance.51
investment,45 repeating similar
conclusions from a 2009 DHS Inspector The 2006 Secure Fence Act provided
General report.46 $12 billion for fencing and walls along
the southwestern border, but by 2011,
Among the challenges in constructing a only $2.3 billion was actually spent on
continuous wall or other barrier is that new fencing and barriers along the
much of the border between the state of border (354 miles of pedestrian barriers
Texas and Mexico includes the Rio and 300 miles of vehicle barriers). $78
Grande River, which cannot be million was spent on securing 600
physically separated by a “wall.” In parcels of private property for that
addition, the majority of the immediately fencing.
contiguous land on the Texas side of the
border is private property: farms, However, the Trump administration’s
ranches, orchards, even golf courses. plans to build a wall will create
The federal government would have to profiteering opportunities for additional
file and win thousands of eminent corporations. $20 million already was re-
domain claims even to get access to allocated from the Department of
those parcels of privately-held Defense (DOD) budget to commission
property.47 About 85 eminent domain designs for the wall.52 Despite Trump’s
cases authorized by the Secure Fence requests for as much as $25 billion in
Act of 2006 remain in litigation; one the FY2018 budget, the final budget
claim to gain access to just five acres only provided $1.6 billion for border
was settled for $5 million.48 walls and fencing.53
There are complex questions for local Researched and written by:
communities, especially in border areas Ignatius Bau
where many of these new positions 1067 Market Street Suite 3007
San Francisco, CA 94103
would be located, whether these
ignatius.bau@gmail.com
immigration enforcement jobs are “good IgnatiusBau.com
jobs.” The DHS Inspector General has
noted that many in the ICE workforce Thanks to Ford Foundation Senior Program
are under-trained, overworked, and do Officer Mayra Peters-Quintero for her
not have the information and tools to do support and guidance on this project.
their jobs. It is not clear what other
1
economic opportunities or alternative Detention Watch Network, The Influence of the
jobs are available in these border areas. Private Prison Industry in the Immigration
Detention Business (2011), available at:
https://www.detentionwatchnetwork.org/sites/defa
Many of those who will be hired in these ult/files/reports/DWN%20Private%20Prison%20In
new immigration enforcement jobs will fluence%20Report.pdf
2
come from immigrant families, raising Kincade B,.The economics of the American
prison industry. SmartAsset, May 21, 2018,
additional psychological, social, and
available at:https://smartasset.com/mortgage/the-
cultural issues and conflicts for these economics-of-the-american-prison-system
families and communities; one estimate 3
U.S. Department of Justice Office of Inspector
is that half of Border Patrol agents are General, Review of the Federal Bureau of
Latino.68 More research and reflection Prisons Monitoring of Contract Prisons,
Evaluation and Inspections Division 16-06
needs to be done on the family and (2016), available at:
community dynamics when members of https://oig.justice.gov/reports/2016/e1606.pdf
4
one’s family work in immigration Memo from Deputy Attorney General to Acting
enforcement. These are all important Director, Bureau of Prisons, Reducing Our Use of
Private Prisons, August 18, 2016, available at:
parts of the larger community and https://www.justice.gov/archives/opa/file/886311/
human-level impacts of immigration download
enforcement policies. 5
Statement by Homeland Security Secretary Jeh
C. Johnson on Establishing a Review of