Private immigration detention facilities may be bad — but they’re probably not going anywhere.
That, in essence, was the conclusion of a much-anticipated review of the Department of Homeland Security’s reliance on private companies to detain an immigrant detainee population that’s reaching historic highs, which the president-elect is promising to escalate to even greater levels.
The report, produced by a panel of law enforcement, national security, and military experts, was commissioned by the Department of Homeland Security on the heels of a similar review by the Department of Justice in August. In that report, the DOJ found that private prisons “simply do not provide the same level of correctional services, programs, and resources,” “do not save substantially on costs,” and “do not maintain the same level of safety and security” as facilities operated by the Bureau of Prisons. The Justice Department said it would begin to gradually phase out its own private contracts — which make up a fraction of private prison companies’ business when compared to federal immigration detention centers.
The DHS advisory committee report, released last week, raised similar criticisms of the billion-dollar private prison industry, but was more fatalistic in its conclusions.
“Much could be said for a fully government-owned and government-operated detention model, if one were starting a new detention system from scratch,” said the report. “But of course we are not starting anew.”
“Fiscal considerations, combined with the need for realistic capacity to handle sudden increases in detention, indicate that DHS’s use of private for-profit detention will continue,” the report concluded. Only one of the six members of the Homeland Security Advisory Council subcommittee that drafted the report, Marshall Fitz, dissented, recommending instead “a measured but deliberate shift away from the private prison model.”
But when the report — and its conclusion that private prisons were an inevitable evil — was brought to the broader HSAC committee for a vote, it sparked a contentious discussion. The committee ultimately voted 17-5 to make Fitz’s dissent the report’s recommendation to DHS.
Carl Takei, an attorney at the ACLU’s National Prison Project, called the vote a “stunning reversal.”
“It is tremendously important that the full Homeland Security Advisory Council voted to shift away from using private prisons to detain immigrants,” he told The Intercept in an email. “These are not immigrant rights advocates — they are a nonpartisan expert council of law enforcement, national security, military, and corporate leaders.”
“Secretary Johnson now needs to move swiftly to reduce his agency’s reliance on private prisons,” he added, “starting with facilities with longstanding records of abuse and neglect holding ICE detainees.”
Unfortunately, since HSAC serves in an advisory function only, the symbolically powerful vote is unlikely to have much effect.
According to Immigrations and Customs Enforcement, the DHS agency in charge of immigration detention, more than 70 percent of its detainees are held in privately run facilities. Earlier this year the average number of individuals in detention skyrocketed to an unprecedented 41,000, and immigration officials expect that number to soon hit 45,000. President-elect Donald Trump has pledged to deport 2 to 3 million immigrants when he takes office. If he plans to do so without violating due process protections, deportations on that scale would cause immigration detention numbers to rapidly skyrocket by the tens of thousands.
A spokesperson for the GEO Group, one of the two largest private prison companies, said in a statement that “in spite of the past rhetoric and inaccurate claims,” the HSAC report’s findings confirm the company’s “long history of providing culturally responsive, safe, and humane environments.”
DHS did not respond to a request for comment, but Secretary Johnson made the agency’s position clear last month when — with the HSAC review still in process —he authorized ICE “to acquire additional detention space.”
In fact, since the DOJ announced the phase-out of private prison contracts, ICE has moved to negotiate at least 15 new or expanded contracts, with both private prisons and local jails, adding more than 3,600 beds, according to research compiled by Detention Watch Network. That included quickly moving to reopen the Cibola County Correctional Center in Milan, New Mexico, formerly a BOP prison run by Corrections Corporation of America, as an immigration detention center. And, as The Intercept previously reported, the DOJ itself also renewed two of its own contracts with private prisons.
“ICE should never have signed the massive new Cibola private prison contract while the HSAC review was pending,” said Takei. “Now that the full HSAC committee has made its recommendation, Secretary Johnson needs to heed that recommendation and undo ICE’s rogue contracting decision.”
Mary Small, Detention Watch Network’s policy director, said the HSAC report was disappointing but not surprising. “The investigation’s findings don’t respond to the mountain of evidence against private prison facilities, which are rife with abuse, mismanagement, and neglect,” she said. “Instead, the committee focused first on saving money, rather than ensuring the safety and dignity of people in ICE’s custody.”
Ahead of the HSAC review, Detention Watch Network released its own report on the “toxic relationship” between private prisons and U.S. immigration detention. “Throughout the system, we see evidence that these companies seek to maximize their profits by cutting costs at the expense of people’s health, safety, and wellbeing,” the report found. “[They] are not accountable and don’t experience consequences for even severe deficiencies; exert undue influence over government officials and immigration policy; and fight tooth and nail to avoid even minimal transparency.”
“While the investigation was taking place,” Small added, “ICE was recklessly expanding detention to an unprecedented level by entering into and renewing contracts with private prison companies, ultimately compromising the integrity of the investigation from the very beginning.”
Top photo: Guards prepare to escort an immigrant detainee from a “segregation cell” back into the general population at the GEO Group-managed Adelanto Detention Facility on Nov. 15, 2013, in Adelanto, California.
if they don’t approve of the accomodations maybe they’ll just go home
It appears to me that it’s the ACLU and other illegal immigrant’s rights groups who have made the long stays at these private prisons necessary and driven the cost of deportation to over $10,000. Years ago I watched ICE raids and the people without papers were almost immediately transported to the border and returned to their home country. Now hearings must be held and that system is jammed and slow as all courts are.
I suppose this illegal immigrant rights industry can only grow as it becomes a political tool used to further jam up the deportation system even though Trump has narrowed its focus to criminal illegal aliens.
I wonder how the do-gooders will spin their first victory saving a rapist or murderer from Trump’s dastardly deportation agenda.
This is unsurprising. The DOJ was able to promote a transition away from private prisons because they have the infrastructure to do so. They own many facilities. DHS simply does not. That report says they own 10% of facilities. Therefore, if ICE was to end use of privates today, where would they put them all?
Private prisons are a problem, but one that was created over many years. It cannot be undone quickly as it’s become entrenched. Furthermore, these private prison operators have lobbyists. I can almost guarantee that they are or will be lobbying their congressman to prohibit the construction of new correctional facilities in the DHS/ICE budget appropriation.
Has anybody heard from Julian Assange lately?
He seems to have dropped out for some reason. Is there a media blackout?
How hard would it be for someone to stop by the embassy and talk to him?
On Nov 26:
https://www.youtube.com/watch?v=R1mIvXWcV_s
When I recently referred to these private prisons as America’s concentration camps, I could hear the hate of some who countered my comment. It is not by coincident that the private prison lobbyist are behind long term confinement of immigrants. Many of these prisons belong to the same criminals that raided the banking system …. you see the influence they have, since they already own most of America’s politicians!
It is such a simple compromise with what the fuhrer wants done.
PRIVATE PRISONS ARE REALLY BAD, BUT GOOD ENOUGH FOR IMMIGRANTS, CONCLUDES HOMELAND SECURITY REPORT
ALL prisons are really bad. Have you ever been shoved in a cage, Alice? Ridiculous title.
Private prisons have a poor reputation. This is because many of the prisoners are not there by choice, so the prisons have no incentive to improve the level of service. This could change, however, if defendants found guilty were given prison vouchers. These would entitle them to serve their sentence in a prison of their choice. Suddenly, private prisons would be forced to compete against each other, unleashing a wave of innovation as prisons tried to outdo one another and attract the most prisoners. You would see prisons offering courses on how to get a job in Mr. Trump’s cabinet and other useful life skills suitable for the criminal element of society.
Don’t settle for the private prison system you have; demand the private prison system you should have.
Good thinking benitoe. In that case, I would demand … Trump Four Star Correctional Facilities, LLC
“Your Time Away is Precious. Never Settle. Unique Experiences in Iconic Locations
Special Offers-The Spa at Trump”
*Join Hero/Celebrities like General David Patraeus describe how to give ‘false statements’ to the FBI without ‘knowing you gave a false statement’. .. and other tricks of the trade as seen on TV.
HA! HA! HA! HA! HA! HA!
My side hurts!
This is capitalism gone wild.
Do you know that the bulk of private prisons are owned by 3 corps?
Have you ever heard of collusion and corruption? That is the current system we have. Not just in prisons but most of of the corporate / political relationships are incestuous.
The system does not work (for 99% of the people) and doubling down on it is pure insanity.
Ever hear of Nauru?
nauru australian immigration detention center
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=nauru%20australian%20immigration%20detention%20center
I personally love the idea of private prisons. Enough of my tax dollars are spent already to support this culture of learned helplessness that we call California. Cant wait for the next article that hopefully is about the rights of crime victims that have been raped, had a loved one murdered or had their child molested by some pervert/pedophile. Hopefully the article after that will be about immigration and how people from South America are entitled to cross the border whenever they feel like it without consequence while those from other countries get to wait years to get here legaly.
“For immigrants,” is that correct?
How about…”illegal”? Anyone? Illegal immigrant? You know, in the country illegally?
Thanks for the clarification. Very useful. I bet you’re a saint who’s never violated any law, ordinance or regulation, however minor.
Great article, but you missed the important Obama news. Last week his solicitor general went before the supreme court to argue for the right to indefinitely detain immigrants:
“The Obama administration went before the US Supreme Court this week to defend its power to indefinitely detain immigrants facing deportation proceedings”
“Obama’s acting solicitor general, Ian Gershengorn, went before the high court in an attempt to overturn a ruling”
“Asked in the November 30 Supreme Court hearing whether he believed the court could rule that “three years is too long” to detain someone without justifying their incarceration, Gershengorn responded, “I mean, if it were 20 years, I mean, we could go on, then, of course, that might be a concern”
“Under the USA Patriot Act, non-citizens subject to long-term detention on terrorism charges are granted hearings every six months, while those picked up for deportation based on shoplifting or minor drug possession charges are denied them”
http://www.wsws.org/en/articles/2016/12/03/immi-d03.html
Moral of the story: Liberal politicians don’t care about Hispanics; they just use them for votes and dupe trendy self-righteous white liberals into thinking they are voting for tolerance, when voting Dem.
Please don’t use the word “moral” in a sentence including a reference to politicians.
Don’t do the crime if you don’t want to do the time?
Crossing borders in full knowledge that it is illegal predicates punishment if caught,and no crybabies.
So they expected fed prison?Jeez.(PS,I hate private prisons,yes they suck,but Trump has had nothing to do with their spread,it has been both demoncrats and rethugs before him that have allowed this corruption.)
Anyone of you purists note Trumps call for lobbying bans for ex cabinet and govt insiders,in a bid to halt such corruption?
Speaking of prisons, wasn’t Barret Brown supposed to get out soon?
Any news?
He’s out, but under strict supervision until he admits where he hid the second ‘t’ at the end his first name.
Glen Greenwald is under similar scrutiny.
Also be on the lookout for a missing “of,” which I have mislaid somewhere.
So, the problem with these concentration camps is that they are ‘private’. The ‘public’ ones on the other hand are great.
For-profit organizations tend to want their business to expand. This is problematic for prisons, as it leads to filling them unnecessarily perhaps more than in the case of government-run institutions (which of course may be similarly corrupt in their way).
Exactly. Unions for public-prison guard unions have historically also sometimes lobbied for “more customers,” but nothing like the far wealthier and powerful private prison sector does.
Agreed, but the title is stupid. Ask any person currently living in a cage how much he/she cares whether or not their cage is privately or publicly owned.
Private prisons are immoral and an evil abrogation of the state’s duty of care to people it incarcerates. Even putting aside the immorality, they cannot be run both for a profit and in keeping with acceptable standards of care: that corporate revenue comes from minimizing programming and safety to inhumanly low levels. As long as America allows this, American Justice is a sick joke.
There should be no private prisons. Incarceration is an inherently governmental function.
Why are those FEMA detention camps not being utilized? Most illegal immigrants are not hardened felons. A USA WWII type prison camp seems more appropriate as a large scale detention center.
This emphasizes that POGOW are going to have their work cut out for them trying even to rebalance Trump’s policy.
If Trump rounds up a whole lot of immigrants and deports few of them, then he will end up with a glut and a call to fund lots of new prisons, many probably private. And if he deports a bunch of immigrants but efforts to round them up lag behind, then there are a bunch of prisons out there looking for new customers from the non-immigrant population. Either way, this is a very bad thing. Only by pushing hard for an arrest-to-deportation metric to quantitatively measure Trump’s bragging is it possible to avoid him going to one or the other extreme, I think.
Anyone who owns stock in these companies is a slave trader, pure and simple. It wouldn’t matter if GEO or CCA could do it for half the cost.
Its good for the economy !
Geez !