On any given day, at least 34,000 people are detained in immigrant detention centers in the U.S. to meet an arbitrary lock-up quota dictated by Congress. Stopping the quota would be a giant step forward in ending our reliance on detention. Grassroots Leadership researches and exposes the role of for-profit prisons and their lobbyists in enacting the quota contributes to the growing national movement to stop immigrant detention.
Detention and the #EndTheQuota Campaign
U.S. Immigration and Customs Enforcement agents say they arrested 153 people in Texas suspected of being in the country illegally — including 24 people picked up in the Austin-Waco area — as part of the second enforcement operation immigration officials have confirmed in the state this year.
The 12-day operation, which lasted from March 20 to March 31, differed in execution and results from another one performed in the area during the second week of February.
ICE officials also said all of the people arrested in last month’s operation had previous criminal convictions, as opposed to the February raid. Federal documents obtained by the American-Statesman showed 28 of the 51 people arrested in February were deemed “non-criminals,” or people with no previous criminal convictions but suspected of living in the country illegally.
U.S. Magistrate Judge Andrew Austin said in open court last month that ICE agents alerted him and another federal judge about the February raid, which they said was retribution for the new Travis County sheriff’s policy limiting the jail’s cooperation with immigration officials, the Statesman reported last month.
ICE officials declined Friday to comment further on the arrests, but in a news release, Daniel Bible, field office director for enforcement and removal operations in San Antonio, said: “ICE’s primary immigration enforcement efforts target convicted criminal aliens. … Consequently, our operations improve overall public safety by removing these criminals from our streets, and ultimately from our country.”
Local activists criticized the new operation.
“I think this continues a trend of ICE instilling fear in our community and … arresting more people in our community,” said Bob Libal, with the Austin-based immigration support network Grassroots Leadership. Read more about ICE officials: 24 in Austin-Waco arrested in new immigration sweep
Several Texas counties that are struggling with debt because their jails have few or no prisoners hope to refill those cellblocks with a different kind of inmate: immigrants who have entered the country illegally.
The debt dates back to the 1990s and the first decade of the 2000s, when some rural counties were losing employment prospects and population. To bring jobs and money, they built correctional centers with hundreds and sometimes more than a thousand beds that could be used to house inmates from other counties as well as prisoners for the state and federal governments.
Jails and private prisons across the country are weighing their options after the Department of Homeland Security announced in January that it was shopping for more jail space as part of its efforts to secure the border.
In some places, the situation is the reverse of Texas, with public prisons full and states paying for extra beds. A private prison operator that had been housing 250 inmates for Vermont recently dropped the state as a client because the federal government will probably offer more for the same space.
Three vacant Texas detention centers have been sold to private prison companies in the last few weeks, according to county officials and records filed with the national Municipal Securities Rulemaking Board.
Some of the jails require updating to meet U.S. Immigration and Customs Enforcement standards, but the existing facilities could put Texas at an advantage compared with other states where the companies would have to spend months building detention space.
Meanwhile, the traditional inmate-holding business is still declining. A proposed budget from the Texas Senate would end state contracts with four facilities, including three that are privately run, making it more important for those companies to get immigrant contracts to stay profitable.
ICE would not discuss how many beds the agency might need or its timetable for obtaining them. Agency spokesman Carl Rusnok declined to discuss any negotiations, citing the confidentiality of the federal contracting process.
At least one advocacy group is wary of the secretive process and of putting more detainees in privately run facilities after complaints and violations of inmate-care standards.
"If this is the plan to expand to the bottom of the barrel in detention centers, that should raise huge red flags for people concerned about immigrants' well-being and rights," said Bob Libal, executive director of Austin-based Grassroots Leadership, which seeks immigration and detention reform. Read more about Empty jails hope to cash in on illegal immigration crackdown
One of America's most notorious detention centers may be opening its doors again under President Donald Trump.
Immigrations and Customs Enforcement is considering reactivating the vacant Willacy County Correctional Facility in Raymondville, Texas, according to Texas Monthly, prompting concerns about the center's history of abuse, neglect, and other illegal activity.
The news comes as ICE rapidly moves to expand its detention capacity along the Mexican border, under instruction from Secretary of Homeland Security John Kelly.
Built in 2006 with a maximum capacity of 3,000, the detention center was the largest in the country at the time —but it faced problems immediately.
Attorneys and immigration advocates revealed that undocumented immigrants were held up to 23 hours a day in the center's 10 windowless tents, and reported insufficient food, medical attention, clothing, and access to telephones, all within a year of the facility opening.
The problems continued in 2007, when in July officials discovered maggotsin the inmates' food supplies. Though officials called the incident a one-time occurrence, inmates complained the next month of mold, flooded toilets, and infestations of insects and rodents.
Inmates also claimed they were being given dirty underwear and towels for use, as well as shoes and socks with holes. The American Bar Association reported some detainees "indicated that they had been instructed not to say anything negative to the delegation about the facility."
The facility earned the disparaging moniker "Ritmo" during this time, because it was "like Gitmo, but it's in Raymondville," said immigration lawyer Jodi Goodwin, using the nickname for the Guantanamo Bay detention camp.
The facility was shuttered in 2015 after inmates revolted and set fire to three of its tents, leaving the center uninhabitable — a "welcome but long overdue move," the ACLU said at the time.
However, critics are now worried about its potential re-opening.
"To reopen this troubled private prison would be a giant step backwards," said Bob Libal, executive director of Grassroots Leadership, an Austin-based social justice group that opposes private prisons, in a statement. Read more about A notoriously abusive detention center nicknamed 'Ritmo' may be re-opening under Trump
On the Sunday morning after Donald Trump won the presidential election, Austin Mayor Steve Adler stood in blue jeans and a white button-down shirt before a crowd outside of City Hall. "I understand that you're angry and scared, hurt and confused," he said, pausing so an interpreter could translate his words from English to Spanish. "Many of us are. And that includes me."
Immigrants and allies, also wearing white, had gathered to protest one of then-President-elect Trump's most alarming campaign promises: plans to deport 11 million undocumented immigrants. Austin welcomes immigrants and will stand with them, Adler said, before offering his reassurance in Spanish himself. "Quiero que sepan que sus líderes, en este edificio que se encuentra a nuestras espaldas, nos comprometemos a la seguridad de ustedes y de sus familias," he said. "You need to know that your leaders, in the building behind us, are committed to your safety and your family's."
But throughout his speech, Adler did something interesting. The mayor never referred to Austin as a sanctuary city.
The term "sanctuary city" is a controversial, evocative, and vague one. It bears no legal standard or definition. It's wholly interpretable. For some, the phrase conjures images of the early Christian church offering refuge to the desperate. For others, it alludes to a set of concrete policies that limit a city's cooperation with U.S. Immigration and Customs Enforcement (ICE). In recent years, "sanctuary city" has become a bogeyman for GOP lawmakers, who use it in statements and stump speeches to typify a threat to local safety – or, worse, a symbol of defiance that they will punish. While cities like San Francisco have proudly declared themselves sanctuaries, Austin lawmakers have shied from its use since at least 1985, avoiding the lightning-rod term in favor of more neutral phrasing like "welcoming city."
"Sanctuary city" routinely pits cities against states, as evidenced here in Travis County. On Feb. 1, the Travis County jail stopped releasing inmates to federal immigration authorities – a so-called "sanctuary policy" introduced by the county's new sheriff, Sally Hernandez. That same morning, Gov. Greg Abbott cut $1.5 million in criminal justice grants to Travis County in response to Hernandez's policy. Members of both the state's Senate and House of Representatives have filed anti-sanctuary bills this session – bills that would dramatically affect public safety operations in every Texas city. President Trump has put forth an executive order that would force local law enforcement to cooperate with federal authorities, and even take on the role of immigration agents.
The groundswell raises an important question: Moving forward, what will "sanctuary city" mean to Austin?
"Is Austin a sanctuary city?" Sulma Franco considers the question from a booth at a noisy Waffle House, pausing over a plate of eggs. The Guatemalan activist raises her eyebrows: "No," she says, jabbing her fork in the air to punctuate. "No, no, no, no."
Ironically, it is Franco who brought sanctuary to Austin's religious communities. Facing deportation orders, in 2015 she walked through the doors of the First Universalist Unitarian Church and stayed there for 10 weeks until her legal case was temporarily resolved, thus becoming the first person in Texas to claim church sanctuary since the Eighties (see "New Name, Same Game," July 10, 2015). But Franco persists: "The Latino community does not feel that Austin is a sanctuary city – por nada. Not at all."
Fearing deportation, Austin's undocumented immigrants do not feel safe in their daily lives, says Franco. She explains a term widely used in the city's Latino community: polimigra. It's a blend of the Spanish words for "police" and "immigration," reflecting the notion that the two law enforcement entities – one local, one federal – are, in fact, one and the same.
That perception has roots in reality, says Franco. Greg Hamilton, Hernandez's predecessor, who served as sheriff from 2005 through 2016, made no bones about his willingness to work with ICE, the deportation arm of the Department of Homeland Security (DHS). Under its Priority Enforcement Program (PEP), which in 2015 expanded the Bush-era program known as Secure Communities (S-Comm), immigration authorities ask local jails – which are usually run by the county sheriff's department – to hold people after they've been ordered released. These "detainers," as they're called, give ICE time to investigate inmates' immigration statuses and transfer them to a detention center, possibly deporting them.
Federal courts have ruled that ICE detainer requests are just that – requests. During Hamilton's tenure, Travis County honored every such request, resulting in some of the highest deportation rates in the country, according to a 2014 resolution from City Council. Until 2009, the Travis County jail fielded less than 10 detainer requests each year, according to records held by the sheriff's department. That number has since skyrocketed: In the two years between 2012 and 2014, said Council's resolution, Hamilton complied with roughly 5,500 detainers, nearly three-fourths of which were for people whose criminal charges were eventually dropped. In the four years between June 2009 and June 2014, an average of 19 people were deported from the county each week. The Austin American-Statesman reported that nearly 10,000 ICE detainers have been issued in the last decade – more than half for people charged with one misdemeanor. ICE rarely sends warrants with detainers, says professor Elissa Steglich at UT School of Law's immigration clinic. That, in and of itself, is a violation of residents' Fourth Amendment rights to proper search and seizure.
That all changed with Hernandez's election, and, in turn, her Jan. 20 announcement. "Our jail cannot be perceived as a holding tank for ICE," the sheriff, previously a county constable in Precinct 3, said in her filmed statement. She later told the Chronicle: "We in law enforcement have had a difficult time with trust in our community and especially in our communities of color. And so the ability to have these communities feel like it's safe to call and cooperate with us – I feel like it's going to have a huge impact."
Offering shelter and support can prove complicated when authorities are involved, said Rev. Babs Miller, a minister at St. Andrew's Presbyterian Church, part of the Austin Sanctuary Network. Since early 2016, St. Andrew's has housed Hilda Ramirez and her son Ivan, a Guatemalan family fleeing death threats and domestic violence. Both held deportation orders that have recently been paused. "We said we wanted to support them and that we were willing to offer sanctuary," Miller recalled. "We said that having no idea what it really meant."
Though many faith communities have offered support to undocumented immigrants, not every house of worship has the resolve or resources to house those fighting their deportation orders in court. St. Andrew's congregants asked themselves what a family in hiding might need. The ministers called for donations; clothing and furniture poured in. Volunteer tutors arrived for both mother and son. When the church threw Ivan a birthday party, residents from the nearby apartment complex brought cakes. The boy's eyes were big, Miller recalled: He'd never had a party, let alone a bouncy castle.
There was also the day-to-day of sanctuary, full of unexpected hang-ups. The sink installed in the converted Sunday school classroom was too high for the tiny woman and boy to reach. The church began to lock its doors. As time passed, Miller said, "the church community gained a great deal more understanding of the immigration system." She spread her hands across the table where she sits, her fingers stretching wide. "You start doing justice work in one area, and it just grows."
As Trump's crackdown on immigration unfolds, the Austin Sanctuary Network has seen requests for sanctuary increase. There may come a day, Miller said, when there is "no room at the inn." Besides, no city or even state can restrict federal authorities from arresting noncitizens – regardless of local law enforcement's cooperation. So they have begun to expand their tactics: Sanctuary in the Streets, a newly formed group modeled after one of the same name in Philadelphia, stands ready to erect its own kind of wall in Austin: a barrier of people willing to stand between immigrants and ICE.
The network of immigrant advocates, attorneys and faith groups is now 150 people strong and growing. New volunteers assembled for a training session in early January at St. Andrew's. "Policy has never saved us," said Alejandro Caceres, an organizer with Grassroots Leadership, who spoke before a large group of Sanctuary in the Streets trainees. Behind him stood an easel marked up with promises from Trump's campaign: Build a wall. Muslim registry. Deport 11 million. Punish sanctuary cities. "We have to rely on ourselves," said Caceres.
"Sanctuary is not passive," he said during a later interview. "Sanctuary is active. We're struggling, we're fighting alongside you. We're saying, 'This person's life matters more to me than the law.' ... It's an act of resistance."
Sanctuary in the Streets does not intend to wait for people to come asking for sanctuary. Rather, the organization aims to disrupt future raids. Rev. Miller told the Chronicle the group practices this scenario: An undocumented immigrant refuses to let an ICE agent into her home without a warrant; she calls a hotline (512/270-1515) that sends a small group of volunteers to the scene. Politely and silently, three or four people edge between the agent and the door, standing shoulder to shoulder. Only one speaks. "We are trained and certified immigration observers," the volunteer will say, as another stands nearby and films. "We have been notified that there is a situation to be observed. May I see your warrant please?"
In training sessions, Miller often plays the role of immigration officer. Sometimes she plays good cop; sometimes she is less lenient. "Does your husband know that you're doing this?" she'll ask one of the role-players, trying to rattle them. She wants to prepare volunteers – mostly white U.S. citizens – for an experience many have never had. "They don't live in a world where cops and immigration officers are confrontational and abusive toward them," said Miller. "I'm trying to help them understand it won't be like, 'Did you realize your blinkers are out, sir?'"
The volunteers must decide what to do if the agent threatens to arrest them, said Miller. Do they stand aside? Or do they stay put, and force the immigration official, who lacks the authority to arrest U.S. citizens, to call for police assistance? "We are using our white privilege to slow down the process," Miller said, noting that it doubles as an effort to buy time for reporters to arrive.
"Enforcement officers do not like media coverage," said Miller.
The reverend stressed that Sanctuary in the Streets' methods are nonviolent, though they are confrontational. "You can play nice and still go after the abuse of power," she said.
Sanctuary in the Streets may be the closest Austin has come to the spirit of the Eighties' Sanctuary Movement, which embraced civil disobedience. Then, the network of churches, synagogues, and safe houses stretched from Mexico to Arizona to Canada, sheltering and transporting roughly 1 million refugees. In Texas, sanctuary workers drove to the border to pick up Central Americans fleeing civil wars and genocides that activists accused the United States of fomenting. Informants infiltrated their network, stoking division and paranoia. Eighteen people – including nuns, priests, and a minister – were jailed and indicted for smuggling aliens.
Miller is hopeful that today's circumstances won't reach that point. Immigrants in 2017 have more grassroots support, she said. The Eighties movement came before the internet and was more isolated. The shift toward a more resistant strand of sanctuary is a result of that effort. "We're standing on their shoulders," Miller said.
When Sulma Franco declared sanctuary in the Unitarian church, she was not well-versed in this history. She calls her stay a mistake-filled learning process. But while the declaration was a cry for help, it was also a show of strength. With the help of her girlfriend and UT students, Franco built the chain-link fence that surrounded her church living quarters. "I wanted to show other women that we don't have to be scared all the time, that we can do something to defend ourselves."
Hilda Ramirez and her son followed Franco's lead. Though 28, Ramirez appears younger, with round cheeks and a quiet, measured way of speaking Spanish. Mam, an indigenous language, is her native tongue.
Ramirez was fearful when she first came to St. Andrew's. She jumped at small noises and anxiously watched the sheriff's patrol cars that were camped outside, knowing their presence was routine but still unable to shake the feeling that sheriff's deputies were watching her. Having spent 11 months in a family detention center with her son just seven months before that, she felt terribly sad to be confined again – even in a kind place like St. Andrew's. During her first week, Ramirez recalled, pastors asked if she wanted to meet the congregation. Ramirez said no. "I stayed in my room," she said, pulling her arms close as if clutching a blanket. The second Sunday, she was ready to meet the church.
Rev. Miller believes Ramirez's arrival made it clear to the congregants what was at stake with sanctuary. "What will you do if Immigration comes?" Caceres asked the churchgoers. He pretended to be an ICE officer. "We're here for Hilda Ramirez," he called out into the church.
The members began to move. Ramirez suddenly found herself in a circle deep with people. Some blocked the doorway. Others formed an outer ring. More pushed closer, she recalled, linking elbows together, saying to her, "We're not going to let them take you. You're safe."
"I'd felt so alone," Ramirez said, her slow-moving Spanish suddenly picking up pace, animating. "And now there was everyone, who'd come to protect me without even knowing me. All, all of the church! I'm so small – all I could see was their backs. I felt so much joy. I was crying. There I was made invincible." Read more about Sanctuary Cities and the Ways We Fight for Human Rights
Last spring, Jim Rigby opened the doors of St. Andrew’s Presbyterian Church to Hilda Ramirez and her 10-year-old son, undocumented immigrants fleeing civil strife in Guatemala. He borrowed some furniture, set up bunk beds in the Sunday school teacher’s office — and trained church members to lock the doors and form a human shield if immigration officers come knocking.
“Do we stand up for human rights now? Or do we act like zebras on the Serengeti, hoping the lion eats us last?” said Rigby, 66, the longtime minister of one of Austin’s most liberal houses of worship. “People of good conscience,” he said, must put themselves between asylum seekers and “harm’s way.”
Rigby is part of a growing movement determined to oppose President Trump’s policies for cracking down on immigration. While thousands of protesters gather nationwide to decry Trump’s temporary travel ban on refugees and on citizens of seven majority-Muslim nations, Rigby and other activists in cities with large immigrant populations are bracing for what they fear will come next: a wave of raids and deportations.
Trump has called for the deportation of as many as 3 million undocumented immigrants who have committed crimes on U.S. soil. In one of his first acts as president, Trump ordered the Department of Homeland Security to look at withholding federal funding from cities that refuse to assist immigration officials, a loose collection of municipalities known as “sanctuary cities.”
Austin has become the first battleground in that conflict, where the governor and a local sheriff are now locked in a standoff over the issue. A liberal enclave in the heart of conservative Texas, the capital city lies a little more than three hours from the Mexican border. About 35 percent of its 931,000 residents are Hispanic, according to U.S. Census estimates, and the city is home to a vibrant sanctuary movement that sprang to life during President Barack Obama’s first term, when his administration carried out a record number of deportations.
In November, voters in Travis County, which includes Austin, elected a new sheriff, who campaigned on a promise not to detain people based solely on their immigration status. Hours after Trump took office, Sheriff Sally Hernandez (D) posted an eight-minute video on her official website explaining the new policy, which took effect Wednesday.
Texas Gov. Greg Abbott (R), a Trump supporter and immigration hard-liner, quickly fought back, accusing Hernandez of playing “a dangerous game of political Russian roulette — with the lives of Texans at stake.”
This week, Abbott made good on a threat to withhold $1.5 million in state criminal justice grants, money that funds services for veterans, parents struggling with drug addiction and victims of family violence. He also asked state agencies by Friday to prepare a full list of all state funding provided to Travis County, suggesting that additional punishment may be forthcoming.
Abbott called on lawmakers to act urgently to ban sanctuary cities. A measure drafted by state Sen. Charles Perry (R-Lubbock), an Abbott ally, would withhold state funding from cities, counties and colleges that do not comply with immigration detainers. It also would require county jailers to determine and record the immigration status of every arrestee. Supporters and protesters of the legislation crammed into the Texas statehouse Thursday for a hearing of the bill, which, as Perry acknowledged under questioning, does not actually define “sanctuary city.”
Last week, Abbott threatened to oust Hernandez, who was elected with 60 percent of the vote. Legislation to permit him to do so has yet to be filed, but a spokesman for Abbott noted that the threat to cut off state funding was sufficient to persuade the Dallas County sheriff to abandon sanctuary policies last year.
In Austin, sanctuary activists applaud the new sheriff’s stance. But they say that keeping ICE out of the county jail will not be enough to thwart the crackdown. So they’re planning mass acts of civil disobedience, soliciting churches to shelter undocumented immigrants, developing neighborhood warning systems so people know to hide when ICE comes through and training volunteers to act as human shields.
“Our plan is to prepare 500 people to do sanctuary in the streets,” said Alejandro Caceres, 29, a legal resident from Honduras who leads the ICE Out of Austin campaign for the civil rights group Grassroots Leadership.
Rigby, the church minister, acknowledges that sheltering an undocumented immigrant is risky. “When you’re aiding someone who is being called a criminal, you’re protecting them in your church, you can be charged with violating federal law,” he said.
But Rigby insists that Americans have a humanitarian obligation to provide shelter to innocent people fleeing violence and lawlessness — even if it means defying the government in Washington and the Texas statehouse.
“You got a president and a governor who are rattling swords,” Rigby said. “Would you protect people being hunted? Well, now we get to find out the answer.” Read more about The 'sanctuary city' on the front line of the fight over Trump's immigration policy
Activist groups and supporters crowded in the Grassroots Leadership headquarters in east Austin, vowing to protect undocumented immigrants amidst an incoming state legislative session and president-elect Monday morning.
“We’re here today because we know that the next president-elect [Donald] Trump has promised mass deportations and human rights violations,” Grassroots Leadership executive director Bob Libal said.
Grassroots Leadership, ICE Out of Austin and Austin Sanctuary Network members laid out plans and pledged to support undocumented immigrants in the community during a press conference.
The ICE Out of Austin campaign is overseen by civil and human rights organization Grassroots Leadership. The campaign aims to end local and state law enforcement’s practice of holding onto detained undocumented or suspected undocumented immigrants in local jails until Immigration and Customs Enforcement federal agents come to process arrests and deport them.
Sally Hernandez, Democrat and the new Travis County Sheriff who was sworn in Wednesday, has campaigned against holding onto undocumented immigrants until ICE agents arrive to arrest them. She replaced former Travis County Sheriff Greg Hamilton, who has cooperated with ICE, according to the Texas Tribune.
Libal said he and other activists are awaiting an announcement from Hernandez explicitly stating her policy to refuse Travis County jails from complying with ICE.
“She’s promised a really progressive immigration policy that we think will … reduce detainers or eliminate … detainers in the Travis County jail,” Libal said. “We’re very much looking forward to the announcement that could come at any time.”
Austin City Council has defied state government sentiment to crackdown on immigration through actions such as enacting emergency funding to cover immigration legal fees.
State lawmakers, however, are pushing for stricter immigration laws. Lt. Gov. Dan Patrick’s filed Senate Bill 4 outlaws “sanctuary cities” in Texas that adopt policies protecting undocumented immigrants.
Cristina Parker, immigration programs director of Grassroots Leadership, said it is an uphill battle when it comes to challenging state and federal oversight.
“We call on all state representatives and state senators to represent Travis County and the Austin area to stand with us,” Parker said. “Ultimately, this is really about us versus Trump. He has promised a campaign of terror against the immigrant community and we believe that the only way to fight back is locally.” Read more about Immigration rights groups organize day before state legislature convenes
The United States portrays itself as a beacon of freedom and liberty, yet it operates the world’s largest immigrant detention system, a burgeoning network that locks up refugees, asylum-seekers and other migrants who seek protection or a new life on our shores. In 2015 alone, more than 367,000 men, women and children were imprisoned in a system of 637 public and for-profit private prisons. The Trump administration has promised a crackdown on undocumented immigrants that could set off more growth in the detention sector.
On any given day, as many as 42,000 people wait in detention as their cases slowly move through overburdened immigration courts. Some will languish for years, costing U.S. taxpayers $126 per inmate per day. Far more significant is the human cost. Incarceration often leads to illness, depression or even suicide. In little more than a decade, at least 166 immigrants have died while in detention.
Critics of detention argue that a 2009 congressional mandate requiring that ICE maintain 34,000 daily detention beds forces the agency to choose detention over alternatives. The quota has helped boost the stock of for-profit prison companies, which have looked to non-criminal immigrants as a source of growth. Immigrants nowrepresent the fastest-growing sector of the prison population.
The system is also financially burdensome. “We spend $2 billion a year just on detaining immigrants,” says Bob Libal, director of Grassroots Leadership, a nonprofit immigrant advocacy group. “And this is only part of a much larger detention and deportation apparatus that costs us billions, but it’s also costly in human lives.” Alternatives to detention such as residential shelters are a less expensive, more humane way to comply with U.S. laws, he says. “Detention should never be the first priority.” Read more about America Beyond Detention
(AUSTIN, Texas) — More than 50 advocacy organizations have sent an open letter to President Barack Obama calling for six key reforms to dismantle the vast immigration detention and deportation apparatus before handing it over to the Donald J. Trump administration. Read more about 50 Advocacy Groups: President Obama should do these 6 things to begin dismantling deportation machine before leaving office
A Department of Homeland Security (DHS) subcommittee has decided that Immigration and Customs Enforcement (ICE) should continue contracting with private prison companies, which have come under fire for their incidents of preventable deaths and allegations that detainees are abused and mistreated.
DHS Secretary Jeh Johnson tasked the Homeland Security Advisory Council (HSAC) with creating a subcommittee to review ICE’s use of private prison companies like the GEO Group and Corrections Corporation of America, whichrecently rebranded as CoreCivic. Opponents of private prison companies have pointed to allegations of human rights abuses, including incidents of sexual abuse, as a primary reason for the closure of facilities operated by the GEO Group and CoreCivic.
HSAC released the report on December 1 after conducting interviews with detention experts, executives from the major private detention companies, and representatives from national and local immigration advocacy groups, according to the report. Members of the subcommittee also visited two ICE detention facilities, one owned and operated by ICE and the other owned and operated by a private for-profit prison company.
A fear among advocates—including Bob Libal, executive director of the Austin, Texas-based immigrant rights’ organization Grassroots Leadership—is that ICE will not be held accountable for the growing number of deaths at for-profit prisons. In Raquel Calderon de Hildago’s case, she was being held at CoreCivic-run Eloy Detention Center, which is considered by migrants as one of the worst places to be detained, when she had a series of seizures. She was transferred by paramedics to a nearby hospital, where she died on November 27 at the age of 36. As the Arizona Republic reported, “At the time of her death, she was awaiting deportation to Guatemala, ICE officials said. ICE said database checks indicate she had no criminal history in the U.S.”
Libal told Rewire in a phone interview that he was “heartened” by HSAC rejecting the report’s core recommendation at the hearing this week.
Libal said that while it’s “somewhat heartening” that the committee dissented, it’s important to get to the heart of the “real issue”: The reason ICE can’t extract itself from contracts with companies like CoreCivic and GEO is because there are too many people in detention—and more expected in the coming months. Any plans for mass deportation, as the president-elect has proposed, require an immediate increase in detention, as migrants awaiting their deportations are placed into detention centers for weeks and sometimes even years. This is an issue that rests squarely on the shoulders of both ICE and the Obama administration, Libal said.
“My hope, and I think a hope of a lot of advocates, was that the report would recommend that ICE reduce the number of people detained, but the report made no such recommendation,” the executive director said.
Moving forward, there are a lot of unknowns about the detention system and how it will continue to take shape. This week, the U.S. government argued at the U.S. Supreme Court that certain migrants in detention shouldn’t qualify for bond hearings after being detained for at least six months. The American Civil Liberties Union and other advocacy organizations are pushing back against these policies, arguing that all migrants in detention deserve legal protections and due process. Libal said it is this kind of pushback that will be needed more than ever as we enter a new administration intent on further criminalizing and targeting migrants for prolonged detention and deportation.
“We are preparing for what could be one of the darkest times in our nation’s history,” Libal said. “We are handing over the keys to a human rights violation machine to Donald Trump’s immigration force—and that is the fault of this administration. The level of detention dictated why [the subcommittee] felt so beholden to private prison interests. If we had a quarter of people in immigration detention that we do, this would be a much easier problem to solve. And the fact that ICE continues to promote reliance on detention over release from detention or community-supported alternatives is the other reason we have this huge problem.” Read more about Department of Homeland Security Will Continue Contracting With Private Prison Companies
Separately, the election of Donald Trump as president of the US has activists worried that the steps taken by the Obama administration to reduce the population of inmates in private prisons will be quickly rolled back. Trump has said outright that he supports prison privatization, and his plans for cracking down on illegal immigration would be a boon for prison operators: the stock prices of CCA and the Geo Group soared following his election.
“We are actually anticipating that the DOJ decision be quite possibly overturned. Either formally or they would be renewals or re-granting of the full contracts,” said Bethany Carson at Grassroots Leadership, a prison advocacy organization.
What has Carson and her group particularly worried is the president-elect’s promise to introduce mandatory minimums for illegal re-entry convictions after a previous deportation. Illegal entry and re-entry convictions already make up nearly half of federal prosecutions. The convicts are mostly held in thirteen so-called “Criminal Alien Requirement” (CAR) prisons, run by private companies, largely CoreCivic and GEO. Both facilities with which the BOP extended its contracts are CAR prisons.
Carson said that mandatory minimums would send average sentences for re-entry “through the roof,” and would require expanding the private prisons the DOJ said it would close in August.
“Expanding this existing system that federally prosecutes immigrants just for crossing the border to reunite with their families or flee dangerous situations could be one way to quite literally manufacture the so-called criminals he wants to deport,” said Carson. Read more about The US government is already quietly backing out of its promise to phase out private prisons