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 #ShutDownHutto Campaign
On Sunday, presidential candidate Donald Trump announced his plan for his first 100 days in office, which includes new mandatory minimum sentences for those who have crossed the border without documentation. These prosecutions already make up nearly half of all federal prosections annually.
The plan would create a "2-year mandatory minimum federal prison sentence for illegally re-entering the U.S. after a previous deportation, and a 5-year mandatory minimum for illegally re-entering for those with felony convictions, multiple misdemeanor convictions or two or more prior deportations."
Read more about Trump's immigration plan would add another unnecessary mandatory minimum
Currently, illegal re-entry is punishable by up to two years in prison, although a prior criminal record can add more years to a sentence. Last year, Republicans in Congress introduced a bill called "Kate's Law," named after Kate Steinle, who was shot and killed by a man with several violent felonies and illegal re-entries into the country. That bill would have also strengthened sentences for illegal re-entry, but advocacy groups that oppose mandatory minimums say Trump's proposal would go even further.
Illegal entry and re-entry is already one of the most prosecuted crimes in the U.S. and sucks up an enormous amount of federal resources. According to a report by Grassroots Leadership earlier this year, prosecutions of illegal entry and re-entry into the country already makes up 49 percent of the federal caseload every year. Foreign nationals make up 22 percent of the federal Bureau of Prisons system, which was operating at 20 percent over its maximum capacity as of 2015. The current average sentence for illegal re-entry is 18 months, according to the report.
What it [mandatory minimums] can make a statistically significant impact on is the Justice Department budget. The prosecution and incarceration of illegal entry and re-entry offenders under Operation Streamline has cost $7 billion since 2005, according to the Grassroots Leadership report.
This past August, the Department of Justice released a statement that it would begin the process of phasing out private prison contracts in federal prisons. According to the Department of Justice, the decision came in response to a declining prison population and acknowledgements that private prisons often have lower safety and security standards.
Private prison corporations, such as Corrections Corporations of America (CCA) and GEO Group, were struggling in the early 2000s. However, following 9/11, immigration became a national security issue, which led to an increase in funding for Immigration and Customs Enforcement (ICE). The growth in ICE following 9/11 led to CCA and GEO Group being awarded lucratvie immigrant detention center contracts.
These private prison contracts often include a further requirement that the government keep immigrant detention centres full and at times contain a "tiered pricing structure" that provides discounts for those detained in excess of the guaranteed minimum. Private prison companies now control 62 percent of immigration detention beds in the US, according to a report by Grassroots Leadership.
Following the Department of Justice's announcement, the Department of Homeland Security announced that it would evaluate whether it will phase out the use of private immigrant detention centers as well. Read more about Is this the end of prison for profit in the US?
A federal court ruling on Wednesday invalidated thousands of immigration detainers from Immigration and Customs Enforcement (ICE) in over thirty states, including Texas. The ruling will not impact those sent to the Travis County Jail, which detains undocumented immigrants that are being held for deportation. However Grassroots Leadership, a nonprofit group, expects that to change.
"This court decision essentially confirms what we've been saying for years, which is that not only do immigration detainers in the jail break up immigrant families, but they are also unconstitutional," said Grassroots Leadership Executive Director Bob Libal.
KUVE did reach out to ICE for a statement, but a spokesperson said they are reviewing the ruling to determine its course of action. Read more about Immigrant detainers ruled invalid in more than 30 states including Texas
(AUSTIN, Texas) — As the Department of Homeland Security (DHS) investigates its use of private prisons, women currently and formerly detained in two CCA-operated immigrant detention centers in Texas and their families are speaking out against abuses in the facilities. Read more about As DHS investigates its use of private prisons, women decry abuses in Texas detention centers
As the Department of Homeland Security (DHS) investigates its use of private prisons, women currently and formerly detained in two CCA-operated immigrant detention centers in Texas are speaking out against abuses in the facilities.
Their letters from inside are exposing grossly inadequate medical care and health conditions; unsanitary facilities; sickening food; verbal abuse & harsh, punitive treatment; re-traumatization of survivors of violence; interference with phone conversations.
A recent Homeland Security Department decision to consider ending the widespread outsourcing of immigrant detention could mean overhauling a $2 billion-a-year system built around private prison contractors that house the majority of immigrant detainees.
Critics of ICE question why there are so many people in custody when illegal immigration has slowed significantly. “The growth in the private-prison industry has been driven by more enforcement that fills beds, even at a time of relatively low immigration levels,” said Bob Libal, executive director of Grassroots Leadership, an organization that studies for-profit incarceration and favors ending it.
The immigrant-bed quota, which Congress first mandated in 2009, benefits the private-prison industry and promotes detention, Mr. Libal and others say. Read more about Immigrant Detention System Could Be in Line for an Overhaul
A scathing early-August report by the Office of the Inspector General on the quality-of-inmate-life in private prisons led to a very quick decision by the Department of Justice: Unless a new contract is “substantially reduce[d] in scope in a manner consistent with law,” the Bureau of Prisons must allow its current contracts with private prisons to expire.
The U.S. deputy attorney general said she believes this is just the beginning. In a memo to the acting director of the BOP, Sally Q. Yates wrote, “This is the first step in the process of reducing — and ultimately ending — our use of privately operated prisons.”
But on Friday, Aug. 25, Jeh Johnson, homeland security secretary, announced that he has ordered “a review of for-profit immigration detention contracts.”
The homeland security review comes as something of a surprise: In an e-mail to me later on that same Friday, ICE spokesperson Carl Rusnok indicated that private prisons would continue to be utilized as part of ICE’s inventory of prisoner housing. It should be noted, he included in his message that “ICE detention is solely for the purpose of either awaiting the resolution of an individual’s immigration case or to carry out a removal order. ICE does not detain for punitive reasons.”
Bob Libal, executive director of Grassroots Leadership, a nonprofit focused on ending the use of private prisons in the United States, scoffed at the notion that ICE prisons are not punitive.
“People stay in ICE facilities for weeks, months, sometimes years,” he told me in response to Rusnok’s comments. “Just because they put pictures on the walls doesn’t mean [the facilities] are not punitive. There are still locks on the doors and guards to keep you from leaving.” Read more about Private Hells
The Obama administration is considering an end to the practice of keeping immigrant detainees in for-profit centers, weeks after the Federal Bureau of Prisons announced it would stop its use of private prisons.
Homeland Security Secretary Jeh Johnson, whose agency includes the immigration service and the Border Patrol, in late August ordered a review of ways to end the use of the private facilities.
A decision to do so would mark a major victory for the coalition of civil rights groups and immigrant advocacy organizations that has sought to roll back the growth of the private-prison industry. Immigration detention facilities house far more detainees than the private facilities the federal prison system has used.
Civil rights advocates have documented a pattern of poor medical care and abuse inside private immigration facilities over the last several years. They say such prisons have an incentive to cut corners and reduce costs.
Although the allegations of abuse are not limited to privately run prisons, “we certainly see a lot of these problems magnified when a company is seeking to extract as much profit as it can out of a detention center,” said Bob Libal, executive director of Grassroots Leadership. Read more about White House considers ending for-profit immigrant detainee centers but critics say it could add billions to the cost
It is not clear, at this point, what impact Johnson’s announcement will have on the people incarcerated in immigrant detention centers, which rights campaigners say are more like prisons or even internment camps.
The incarceration of immigrants, migrants and refugees is the area of greatest growth for the private prison industry in the United States, with the companies Corrections Corporation of America and GEO Group making windfall profits. According to the latest figures from Immigration and Customs Enforcement, more than 70 percent of all ICE beds are operated by for-profit companies.
In turn, these corporations have been instrumental in pressing the U.S. government to adopt heavy-handed immigration policies. A report released last year by the organization Grassroots Leadership, which opposes prison profiteering, reveals that the for-profit prison industry in 2009 successfully pressured Congress to adopt the congressional immigrant detention quota, which today directs ICE to hold an average 34,000 people in detention on a daily basis. Read more about DHS To Revisit For-Profit Immigrant Prisons: Will It Also Revisit Mass Detentions?
The Texas-based organization Grassroots Leadership last year released a report revealing that private prisons increased their share of the immigrant detention industry after the implementation of the “detention bed quota,” which guaranteed 34,000 immigrants would be detained at any given time.
Private prison corporations accounted for two-thirds of ICE detention beds in 2014, according to the organization. The share of immigration detention beds operated by private prison corporations has increased to 72 percent, as NPR reported. Corrections Corporation of America (CCA) and GEO Group, the country’s two largest private prison companies, operate nine out of ten of the largest detention centers.
The HSAC is comprised of 40 members that advocates have called “an unusual group of people.” Members include controversial New York Police Commissioner William Bratton, a retired chairman and CEO of Lockheed Martin, Chuck Canterbury, the president of the Fraternal Order of Police, Marshall Fitz, a senior fellow at the Center for American Progress, and Dr. Ned Norris Jr., former chairman of the Tohono O’odham Nation, a tribe that was divided by the construction of the U.S./Mexico border. Read more about ICE May Stop Contracting With Private Prison Companies