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.”