How For-Profit Companies Are Driving Immigration Detention Policies

8/20/2019 How For-Profit Companies Are Driving Immigration Detention Policies

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1 Center for American Progress | How For-Profit Companies Are Driving Immigration Detention Policies

How For-Profit Companies Are Driving

Immigration Detention PoliciesBy Sharita Gruberg December 2015

Surprisingly, he larges deenion and supervised release program in he counry is

no operaed by he U.S. Deparmen o Jusice, or DOJ, bu by he U.S. Deparmen o

Homeland Securiy, or DHS, which oversees he naion’s immigraion deenion pro-

gram.1 According o he DOJ, is Federal Bureau o Prisons had nearly 200,000 individu-

als in cusody as o December 2015. On he oher hand, DHS’s immigraion deenionprogram deains around 400,000 people each year.2

Te purpose o he immigraion deenion program is o hold, process, and prepare indi-

viduals or possible deporaion. By law, immigraion deenion mus be civil in naure,

no puniive.3 Te immigraion deenion sysem has grown exponenially over he pas

20 years rom ewer han 7,500 beds in 1995 o he 34,000 beds mandaed by ederal

law oday.4 Tese beds are spread across a nework o more han 250 deenion aciliies

naionwide, including aciliies run by or-profi corporaions. DHS’s Immigraion and

Cusoms Enorcemen, or ICE, owns only 11 percen o he beds; 18 percen are housed

in or-profi prisons under conrac wih ICE, and 24 percen are locaed in aciliiesowned by sae and local governmens ha exclusively house immigrans or ICE. Te

res o he beds are in aciliies ha also deain people awaiing rial or people serving

criminal senences: 28 percen are in aciliies owned by sae and local governmens,

and 19 percen are in space conraced wih he U.S. Marshals Service.5 Some sae and

local aciliies are also subconraced wih or-profi prison companies. A key acor

underlying he explosion in he number o immigrans in cusody is he expanded role

o or-profi prison companies in he U.S. immigraion deenion sysem.6

Te majoriy o people in immigraion deenion are low cusody prioriies and are

no securiy risks, meaning hey do no have previous criminal convicions and are

no considered fligh risks because o srong communiy ies. From 2010 o 2013, 44

percen o ICE deainees were low cusody level, 41 percen were medium cusody level,

and only 15 percen were high cusody level.7 An in-deph Cener or Migraion Sudies

invesigaion o people held in ICE cusody on a single day in 2012 ound ha less han

10 percen were conviced o violen crimes.8 Despie he small share o high-prioriy

deainees and he slowdown o unauhorized immigraion in recen years, he numbers

o beds and people in cusody have skyrockeed over he pas decade.9


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The expanded role of for-prof it pr ison companies in immigration

enforcement

When he U.S. governmen firs conraced wih he Correcions Corporaion o

America, or CCAhe larges privae correcions company in he Unied Saesin1983 o house immigrans, he size o he immigraion deenion sysem was sig-

nificanly smaller han i is oday.10 In 1980, here were jus 4,062 deenion beds in

he enire counry, and ha number had only risen o 5,532 beds by 1994. In 1996,

Congress enaced he Anierrorism and Effecive Deah Penaly Ac and he Illegal

Immigraion Reorm and Immigran Responsibiliy Ac, which grealy expanded he

caegories o immigrans who were deporable and subjec o mandaory deenion.11

Afer he passage o hose laws, deenion capaciy nearly doubled rom 8,279 beds in

1996 o 14,000 beds in 1998.12

Despie he growh in bed space, or-profi prisons did no begin receiving conracs or

many o hese beds unil 2000. In he lae 1990s, CCA was on he verge o bankrupcy,

bu in 2000, i received he conrac o run he Oay Deenion Faciliy ouside o San

Diego, Caliornia, which he company described as “one o he larges conracs ever

o be awarded o he privae correcions indusry.”13 While hings began o improve

or CCA afer his ederal bailou, i sil l noed in is 2005 Securiy and Exchange

FIGURE 1

Types of immigration detention facilities

ICE-owned facilities account for the smallest percent of the detained population

Source: Government Accountability Office, "Immigration Detention: Additional Actions Needed to Strengthen Management and Oversight of Facility

Costs and Standards," GAO 15-153, Report to Congressional Requestors, October 2014, available at http://www.gao.gov/assets/670/666467.pdf.

Serviceprocessing

center

Contractdetention

facility

Dedicatedintergovernmental

service agreement

Nondedicatedintergovernmental

service agreement

U.S. MarshalsService

intergovernmentalagreement or

contract

Percent of detained population

Number of facilities

11%

18%

24%

19%

28%9

7

6

72

71


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Commission, or SEC, filing ha “Our indusry benefis rom significan economies

o scale. … Our managemen eam is pursuing a number o iniiaives inended o

increase occupancy hrough obaining new conracs.” CCA also noed in he filing ha

a decrease in occupancy raes would “cause a decrease in revenue and profiabiliy” and

ha i “canno conrol occupancy levels a our managed aciliies.”14 By 2005, roughly 25

percen o immigrans in DHS cusody were held in privae prisons; oday, 62 percen

o all immigraion deenion beds are operaed by or-profi prison corporaions.15 Forcomparison, 7 percen o ederal and sae prisoners were held in or-profi prisons in

2005, rising o 8.4 percen by 2014an increase o jus 1.4 percen.16

Percent immigration detention

FIGURE 2

Growth in for-profit immigration detention

compared to U.S. state and federal prison population

Sources: Bethany Carson and Eleana Diaz, “Payoff: How Congress Ensures Private Prison Profit with an Immigrant Detention Quota” (Austin, TX: GrassrootsLeadership, 2015), available at http://grassrootsleadership.org/reports/payoff-how-congress-ensures-private-prison-profit-immigrant-detention-quota;

Paige M. Harrison and Allen J. Beck, "Prisoners in 2005" (U.S. Bureau of Justice Statistics, 2006), available at http://www.bjs.gov/content/pub/pdf/p05.pdf;

E. Ann Carson, “Prisoners in 2014” (U.S. Bureau of Justice Statistics, 2015), available at http://www.bjs.gov/content/pub/pdf/p14.pdf.

25% 62%

7% 8%

2005 2014

Percent prison population

Te wo larges or-profi prison companies wih which he Unied Saes conracs o

deain immigrans, CCA and Geo Group Inc., have doubled heir revenues since 2005.17

Tis was no by coincidence. Beween 2004 and 2014, CCA spen $18 million and Geo

Group spen nearly $4 million on lobbying. CCA spen more han $8.7 million and he

Geo Group spen $1.3 million o lobby Congress solely on Homeland Securiy appro-

priaions beween 2006 and 2015.18


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FIGURE 3

Growth in lobbying and detention beds

Lobbying on U.S. Department of Homeland Security appropriations by for-profit prison

companies grew alongside the number of detention beds

Note: 2007 spending data for Geo Group Inc. was not available.

Source: Bethany Carson and Eleana Diaz, “Payoff: How Congress Ensures Private Prison Profit with an Immigrant Detention Quota” (Austin, TX: Grassroots

Leadership, 2015), available at http://grassrootsleadership.org/reports/payoff-how-congress-ensures-private-prison-profit-immigrant-detention-quota;

Analysis by Nick Taxera of lobbying data from the Center for Responsive Politics, on file with author; Office of Inspector General, Detention and Removal

of Illegal Aliens (U.S. Department of Homeland Security, 2006), available at https://www.oig.dhs.gov/assets/Mgmt/OIG_06-33_Apr06.pdf; Alison

Siskin, "Immigration-Related Detention: Current Legislative Issues" (Washington: Congressional Research Services, 2012), available at https://www.-

fas.org/sgp/crs/homesec/RL32369.pdf; U.S. Department of Justice, FY2002 Budget Summary: Department of Justice Immigration and Naturalization

Service Breached Bond/Detention Fund (2001), avail able at http://www.justice.gov/archive/jmd/2002summary/html/ins_breached_bond.htm;Government Accountability Office, "Immigration Control: Immigration Policies Affect INS Detention Efforts," GAO/GGD-92-85, Report to the

Chairman, Subcommittee on International Law, Immigration, and Refugees, Committee on Judiciary, House of Representatives, June 1992, available

at http://www.gao.gov/assets/160/151988.pdf; Megan Golden, Oren Root, and David Mizner, "The Appearance Assistance Program: Attaining

Compliance with Immigration Laws Through Community Supervision" (New York: Vera Institute of Justice, 1998), available at http://www.ve-

ra.org/sites/default/files/resources/downloads/aap.pdf.

$0

$500K

$1.0M

$1.5M

$2.0M

20,000

23,750

27,500

31,250

35,000

2006 2007 2008 2009 2010 2011 2012 2013 2014

Detention bedsAmount spent on lobbying

34,000

$1.46M

Congress ensures consistent demand for detention beds

Te millions o dollars ha or-profi prison companies poured ino lobbying have

paid off in a big way, resuling in an increase in he guaraneed minimum number o

immigraion deenion beds, boh naionally and wihin individual aciliy conracs.

Guaraneed minimums addresses he problem CCA noed in is 2005 SEC filing, and

hese minimums allow he company o conrol occupancy levels in is aciliies. In

2004, he Inelligence Reorm and errorism Prevenion Ac sough o vasly increase

deenion bed space and direced DHS o add an addiional 8,000 deenion beds

annually rom 2006 hrough 2010.19 Sen. Rober Byrd (D-WV) inroduced language

in he Deparmen o Homeland Securiy Appropriaions Ac o 2010 mandaing ha

DHS “mainain a level o no less han 33,400 deenion beds,” a provision known as

he bed mandae or bed quoa.20 Tis quoa was raised o 34,000 in he Consolidaed

Appropriaions Ac o 2012 and has remained a ha level ever since under a series o

coninuing resoluions ha have mainained fiscal year 2012 unding levels or immigra-

ion deenion.21 Te increase in he number o beds allowed or an enormous surge in

he oal number o people in immigraion deenion each year, nearly doubling rom

230,000 people in FY 2005 o 440,600 individuals in FY 2013.22


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Te increase in deenion bed space coincided wih an increase in spending on immi-

graion deenion rom $700 million in FY 2005 o more han $2 billion oday.23 No

surprisingly, his spending increased revenues or CCA and he Geo Group. Federal con-

racsincluding hose rom he Federal Bureau o Prisons, U.S. Marshals Service, and

ICEaccouned or 39 percen o CCA’s oal revenues in FY 2005 ($466.8 million),

43 percen in FY 2010 ($717.8 million), and 44 percen in FY 2014 ($724.2 million).24

While ICE conracs alone accouned or less han 10 percen o CCA’s oal revenue inFY 2005 ($95 million), hey rose o 12 percen o revenue in FY 2010 ($196.6 million)

and 13 percen in FY 2014 ($221 million).25 U.S. governmen conracs made up 27 per-

cen o he Geo Group’s revenues in FY 2005, wih ICE accouning or 5.5 percen, or

$33.6 million.26 In FY 2010, he share o Geo Group revenue rom ederal conracs rose

o 35 percen, wih ICE alone accouning or 13 percen o revenue, or $216 million.

In FY 2014, ederal conracs increased o 42 percen o Geo Group revenue, wih ICE

accouning or 15.6 percen.27

Alhough DHS Secreary Jeh Johnson and ICE Direcor Sarah Saldaña have boh

saed ha hey undersand he bed mandae o mean mainaining 34,000 bedsnonecessarily filling hemhis inerpreaion has received pushback rom Congress,

including rom Rep. John Culberson (R-X), a member o he House Commitee on

Appropriaions’ Homeland Securiy Subcommitee, who proposed changing he lan-

guage rom “mainain” o “fill.”28 Tis disincion maters: I ICE is required o fill 34,000

beds, hen i mus find 34,000 people each day o fill hem, regardless o acual need. I

ICE is required o mainain 34,000 beds, i is simply mus have 34,000 beds available.

During a House Appropriaions Commitee hearing on he FY 2015 DHS budge,

Homeland Securiy Subcommitee Chairman John “Judge” Carer (R-X) said, “I agree

ha you have o have available 34,000 beds under his law. You don’ have o have any-

body sleeping in hem every nigh, bu hey have o be made available.”29

Facility quotas

A repor rom he Deenion Wach Nework and he Cener or Consiuional Righs

revealed ha in addiion o he congressional daily quoa, conracs beween ICE and

or-profi aciliies included a guaraneed minimum number o beds ha mus be paid

or each day.30 In addiion o guaraneed minimums, he conracs sipulaed a iered

pricing srucure, meaning ha ICE acually receives a discouned per-diem rae or each

person deained in excess o he guaraneed minimum.31 Tis pricing srucure inceniv-

izes deaining more people.


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A 2009 DHS Office o he Inspecor General repor ound ha ICE was no employing a

cos-effecive sraegy or using bed space.32 In 2014, a U.S. Governmen Accounabiliy

Office, or GAO, repor noed ha ICE field offices place deainees in aciliies ha have

guaraneed minimum populaions whenever possible. According o he GAO repor,

ICE also moniors he percenage o capaciy filled daily, and i i noices ha a aciliy

wih guaraneed minimums has open space, officials “can call he field office direcor o

find ou why he guaraneed minimum is no being me.”33

Quotas create an incentive to detain

Te pressure o ulfill boh congressional and conracual quoas has resuled in deci-

sions o deain raher han release oherwise eligible immigrans, including vulnerable

populaions such as asylum seekers. A Cener or American Progress analysis o deen-

ion placemen decisions or lesbian, gay, bisexual, and ransgender, or LGB, immi-

grans ound ha alhough ICE’s auomaed sysem provided release as an opion in 70

percen o LGB inakes because o heir vulnerabiliy in deenion, ICE officers elecedo deain LGB people in 68 percen o hose insances, osensibly o mee bed quoas.34

On December 3, Gabriel, a gay El Salvadorian man seeking asylum in he Unied Saes,

decided o sop fighing his case raher han coninue o endure poor reamen afer being

deained a he CCA-owned Sewar Deenion Cener in Georgia or six monhs.35 He

was deained despie he ac ha he U.S. Sae Deparmen’s 2014 human righs repor

noes widespread violence and discriminaion agains LGB people in El Salvador.36

Alhough Gabriel passed his credible ear inerviewhe firs hurdle in he asylum

processand qualified or release under ICE’s own parole guidance, he agency reused

o release him, claiming ha since he was apprehended a he border while atempingo ener unlawully, he was a deenion prioriy under a 2014 DHS memorandum on

immigraion enorcemen.37 Significanly, he 2014 DHS memorandum does no sae

anywhere ha i supersedes or rescinds ICE’s parole guidance, bu i does say ha people

apprehended while rying o ener he counry illegally mus be prioriized or removal

“unless hey qualiy or asylum.”38 Te memo urher direcs DHS personnel o consider

“he oaliy o he circumsances” when making prosecuorial discreion decisions.39

Since mid-Ocober 2015, immigrans held in several or-profi aciliies wih guaran-

eed minimum quoas have gone on hunger srikes proesing heir prolonged deen-

ion due o ICE’s reusal o release asylum seekers who pass credible ear screenings.

Many o hese hunger srikes were ongoing as o he wriing o his issue brie. In all o

hese deenion aciliies, ICE mus pay or he conracual minimum number o beds

wheher or no hey are filled. In Louisiana’s LaSalle Deenion Faciliy, here is a a 770-

bed conracual minimum and 14 immigran deainee hunger srikers. Addiionally, 27

women are on a hunger srike a he . Don Huto Residenial Cener in exas, which


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has a 461-bed conracual minimum. Te larges hunger srike by ar is a he Adelano

Deenion Faciliy in Caliornia, which has a 975-bed conracual minimum and more

han 300 deainees who have joined he proes.40 Alhough i is owned by ICE and no

a privae company, 54 Souh Asian men wen on a hunger srike in he El Paso, exas,

deenion cener, which has a 500-bed conracual minimum.41 Many asylum seekers

who paricipaed in he hunger srikes in exas and Louisiana have been in deenion

or more han wo years.42

Expanded supervision

In 2010, Geo Group Inc. acquired BI Inc., a company wih an exclusive ICE conrac o

provide supervised release, which someimes employs he use o elecronic ankle brace-

les. Tis acquisiion made he Geo Group he larges provider o elecronic monioring

services in he U.S. correcions indusry. Upon adding supervised release services o

is business model, Geo Group officials boased ha he company is now able o serve

cliens “hroughou he enire correcions liecycle.”43

Julie Myers Wood, who ran ICErom 2006 o 2008, now serves on he Geo Group board and consuls or BI Inc.44 DHS

reers o he monioring services ha he Geo Group provides as “alernaives o deen-

ion.”45 However, in pracice, monioring is used as an alernaive o release. Te resul

is an increase in he number o people under governmen supervision, no a decrease in

he number o people deained by ICE. Unlike rue release, immigrans in hese pro-

grams mus requenly repor o an ICE Enorcemen and Removal Operaions field

office, wear an ankle bracele, or boh, severely resricing heir mobiliy. Addiionally,

hey are moniored by a company ha sands o profi even more i hey are required o

reurn o one o is deenion aciliies. Ankle bracelescalled “grillees” or shackles by

some orced o wear hemmus be charged requenly, are uncomorable, and sigma-ize he wearer due o heir associaion wih criminals.46

During FY 2014, 48,170 people were in so-called alernaives o deenion, including he

inensive supervision or elecronic monioring services provided by he Geo Group.47 In

is FY 2016 budge reques o Congress, DHS asked or his program o be expanded o

53,000 people per day a an annual cos o $30.8 million.48

Te laes move away rom ruly releasing people and oward expanding he number

o people moniored by he Geo Group came in he orm o an $11 million-per-year

conrac wih Geo Care LLC, a subsidiary o he Geo Group, o run a supervised release

program or women and children who are released rom amily deenion aciliies.49

No surprisingly, he Geo Group runs one o hese amily deenion aciliies, he Karnes

Couny Residenial Cener, which i plans o expand o house 626 beds. I is esimaed

ha he expansion will increase he aciliy’s revenues by $20 million each year, ensuring

ha he Geo Group coninues o profi rom immigran amilies, wheher hey are ener-

ing or exiing he Karnes deenion aciliy.50


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Detention hurts asylum grant rates

Being denied parole or even bond after a credible fear interview can severely hurt an indi-

vidual’s chances of receiving asylum. The New York Immigrant Representation Study found

that legal representation and freedom from detention are the two most significant factors in

positive immigration case outcomes.51 A earlier CAP report found that simply being detained

made LGBT asylum seekers more than 10 percent less likely to win asylum.52 While immi-

grants in detention are generally far less likely to win their asylum cases than those who

are not detained, immigrants held in facilities operated by for-profit prison companies fare

especially poorly. The average asylum grant rate is 49 percent nationally, but it is only 13.5

percent for asylum seekers detained in ICE-owned and -operated service processing centers.

The grant rate is even lower at for-profit facilities—only 8.1 percent.53 Poor conditions at

these facilities, such as limited access to legal services, could contribute to low grant rates.54



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Ineffective oversight at for-profit facilities leads to poor treatment and

denial of rights

National Immigrant Justice Center investigation

Faciliies housing immigrans are governed by a pachwork o sandards, including he

2000 Naional Deenion Sandards, he 2008 Perormance-Based Naional DeenionSandards, and he 2011 Perormance-Based Naional Deenion Sandards.55 A repor

rom he GAO noed ha ICE does no have documenaion or why differen sandards

apply o differen aciliies nor why 125 aciliies sill all under he older sandards rom

2000. Moreover, he GAO repor revealed ha ICE can choose o waive cerain compli-

ance sandards or conracors a is discreion.56 Wheher ICE coninues o use a aciliy

owned by a local governmen or a privae prison company depends on he aciliy’s

compliance wih deenion sandards. In DHS appropriaions or FY 2009, Congress

specified ha any aciliy ound o be less han “adequae” in is wo mos recen

inspecions could no longer receive ederal unding.57 An invesigaion by he Naional

Immigran Jusice Cener, or NIJC, and he Deenion Wach Nework, or DWN,revealed ha he number o aciliies ha ailed heir inspecions dropped significanly

afer 2009 and no aciliy has ailed wice in a row since he 2009 law. Te invesigaion

also revealed ha inspecors rom he ICE Office o Deenion Oversigh, or ODO, and

ICE Office o Enorcemen and Removal Operaions, or ERO, are apparenly allowed

edi he evaluaions beore hey are submited o a aciliy ’s file.58 Te GAO ound ha

hese wo oversigh arms boh inspeced he exac same 35 aciliies in 2013, bu heir

resuls differed markedly. In hose 35 aciliies, he ERO uncovered 343 deficiencies

while he ODO ound a oal o 448 deficiencies.59

Te NIJC and DWN invesigaion liss several examples o aciliies ha passed inspec-ions despie egregious violaions. For example, he Eloy Deenion Cener in Arizona,

owned by CCA, was ound o be in compliance wih sexual assaul prevenion san-

dards in is 2011 ERO inspecion. However, he inspecor dismissed 10 allegaions o

sexual assauls in he previous year because hey were deermined o be “unounded

or unsubsaniaed.”60 Tis is roubling since Eloy is noorious or puting ransgen-

der women a risk o sexual abuse by housing hem in all-male pods. In 2009, anya

Guzman-Marinez, a ransgender women, was assauled by a guard a he Eloy aciliy. In

2010, she was assauled again, his ime by a male deainee. Alhough he guard was laer

conviced, ICE iniially deermined ha Guzman-Marinez’s claim agains he guard

was unsubsaniaed.61 In Augus 2014, Marichuy Leal Gamino, anoher ransgender

women, repored ha she had been raped by her male cell mae a Eloy, and officials

a he aciliy responded by placing her in soliary confinemen.62 Despie he abuse

hey aced, boh women coninued o be deained a Eloy or monhsa oal o eigh

monhs or Guzman-Marinez and more han a year or Gamino.63


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U.S. Commission on Civil Rights report

In 2015, he U.S. Commission on Civil Righs issued a repor on he reamen o

deainees held in immigraion deenion ceners. In preparing he repor, he commis-

sion visied wo deenion aciliies, received significan writen and oral esimony, and

held a day-long briefing on he possible civil righs violaions occurring a hese acili-

ies.64 Te commission’s repor lised numerous incidens in which CCA and he GeoGroup ailed o adhere o sandards on medical care, including a 2012 case in which

a man died o a hear atack a he GEO Group-owned Denver Conrac Deenion

Faciliy.65 Te ODO concluded ha he Denver aciliy “ailed o provide [he deainee]

access o emergen, urgen, or non-emergen medical care” and ha “he saff ’s unamil-

iariy wih he relevan proocol, ailure o adminiser appropriae cardiac medicaion,

and delays in ransporing he paien o a higher level care aciliy all may have been

conribuing acors o his deah.”66

Tis was no an isolaed inciden. An analysis showed ha here were 72 deahs in

immigraion deenion aciliies rom 2005 o 2009; 23 o which occurred in or-profiaciliies.67 Even hough he annual deenion populaion increased and he overall num-

ber o deahs in deenion aciliies dropped o 41 rom 2010 o 2015, 24 o hose deahs

occurred in or-profi aciliiesa larger share han in he previous period.68 Moreover,

he daa show ha deahs have become concenraed in cerain or-profi aciliies

raher han spread across aciliies. In July, Rep. Raúl Grijalva (D-AZ) sen a leter o

U.S. Atorney General Loreta Lynch requesing an invesigaion ino deahs a he Eloy

Deenion Cener, which has had 14 deahs in deenion during he pas decade.69

Te Commission on Civil Righs ound ha or-profi aciliies, when compared o

oher aciliies, ailed o adhere o deenion sandards in he ollowing areas:

• Healh care70

• Proecing LGB people rom abuse71

• Providing nuriious ood in sufficien quaniies72

• Access o legal services73

Furhermore, when discussing aciliies’ responsibiliy o preven and respond o sexual

assaul under he Prison Rape Eliminaion Ac, or PREA , he commission saed, “I

is difficul o deermine wheher each ICE conracor is complying wih PREA san-

dards or even wih he appropriaely corresponding deenion sandards specified by

is conrac even wih ICE monioring and inspecion schemes.”74 I also ound a lack

o accounabiliy in or-profi aciliies’ PREA compliance, as well as a general lack o

ransparency in DHS’s conracs wih privae prison companies.


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Finally, he U.S. Civil Righs Commission ound ha some aciliies violaed he Fifh

Amendmen righs o immigrans because he deenion condiions were puniive in

naure, such as punishing people wihou he due process proecions afforded in crimi-

nal proceedings. Tese aciliies included he Por Isabel Service Processing Cener in

exas, owned by he ederal governmen bu operaed by Ahna echnical Services Inc.,

and he Karnes Couny Residenial Cener, owned by he Geo Group.75

Proposed solutions

Recognizing he inabiliy o or-profi prisons o saely and humanely house immigrans,

Sen. Bernie Sanders (D-V) and Reps. Grijalva and Keih Ellison (D-MN) inroduced

he Jusice Is No For Sale Ac, which would bar he ederal governmen rom conrac-

ing wih privae eniies, eliminae he bed quoa, end amily deenion, and improve

monioring and inspecions o deenion aciliies.76 Te proposed legislaion also noes

he paricular vulnerabiliy o LGB people in deenion, along wih asylum seekers,

vicims o orure or rafficking, amilies wih minor children, pregnan women, nursingmohers, individuals older han age 65, and individuals wih a menal or physical disabil-

iy.77 Raher han viewing deenion as he deaul or hese groups, he bill saes ha “a

member o a vulnerable populaion whose needs canno be adequaely me by a deen-

ion aciliy may no be held in a deenion aciliy unless he Secreary [o Homeland

Securiy] deermines such placemen is in he ineres o naional securiy.”78

Oher congressional effors have ocused on eliminaing bed requiremens so ha bed

space is deermined by acual need, no arbirary quoas. Tese effors include he

Accounabiliy in Immigraion Deenion Ac inroduced by Rep. Adam Smih (D-WA)

and he Proecing axpayers and Communiies rom Local Deenion Quoas Acinroduced by Rep. ed Deuch (D-FL), which boh seek o end guaraneed bed mini-

mums in conracs wih privae prisons.79

Tese bills recognize he enormous influence ha or-profi prison companies have in

America’s immigraion deenion sysem and he ways in which hey influence deenion

prioriies, paricularly or vulnerable populaions such as LGB people and amilies,

many o whom are seeking asylum.80 Raher han expanding he number o people under

ICE supervision while mainaining he bed quoa, immigraion deenion resources

should ocus on acual deenion needs and improving condiions and oversigh.

Forunaely, he Obama adminisraion does no have o wai or Congress o end he

naion’s reliance on or-profi aciliies o house immigrans. Since DHS conracs wih

prison companies, he agency should be direced no o accep conracs wih guaran-

eed minimums or iered pricing. DHS should cease conracing wih hese compa-


12/15


nies when hey do no comply wih he laes deenion sandards or ail inspecions.

Moreover, DHS mus improve oversigh o aciliies o ensure hey are horoughly

and independenly inspeced, ha aciliy raings are valid, and ha compliance issues

are quickly resolved. Te resuls o hese inspecions should also be publicly available.

Finally, conracs should be disconinued wih aciliies ha ail o comply wih he laes

deenion sandards.

Sharita Gruberg is a Senior Policy Analyst for the LGBT Research and Communications

Project at the Center for American Progress.


13/15


Endnotes

1 Dora Schriro, “Immigration Detention Overview and Recom-mendations” (U.S. Immigration and Customs Enforcement,2009), available at https://www.ice.gov/doclib/about/of-fices/odpp/pdf/ice-detention-rpt.pdf .

2 Federal Bureau of Prisons, “Population Statistics,” availableat https://www.bop.gov/about/statistics/population_sta-tistics.jsp (last accessed December 2015); Government

Accountability Office, “Immigration Detention: AdditionalActions Needed to Strengthen Management and Oversightof Facility Costs and Standards,” GAO-15-153, Report to theCongressional Requesters, October 2014, available at http://www.gao.gov/assets/670/666467.pdf .

3 Anil Kalhan, “Rethinking Immigration Detention,” ColumbiaLaw Review 42 (110) (2010): 42–58.

4 Schriro, “Immigration Detention Overview and Recommen-dations”; Government Accountability Office, “ImmigrationDetention: Additional Actions Needed to StrengthenManagement and Oversight of Facility Costs and Standards.”

5 Government Accountability Office, “Immigration Detention:Additional Actions Needed to Strengthen Management andOversight of Facility Costs and Standards.”

6 Jeffrey Passel and D’Vera Cohn, “Unauthorized immigrantpopulation stable for half a decade,” Pew Research Center,

July 22, 2015, available at http://www.pewresearch.org/fact-tank/2015/07/22/unauthorized-immigrant-population-stable-for-half-a-decade/.

7 Government Accountability Office “Immigration Detention:Additional Actions Needed to Strengthen Management andOversight of Facility Costs and Standards.”

8 Donald Kerwin, “Piecing Together the US Immigrant Deten-tion Puzzle One Night at a Time: An Analysis of A ll Persons inDHS-ICE Custody on September 22, 2012,” Journal on Migra-tion and Human Security 3 (4) (2015): 330–376, available athttp://jmhs.cmsny.org/index.php/jmhs/article/view/55.

9 Passel and Cohn, “Unauthorized immigrant populationstable for half a decade.”

10 CCA, “The CCA Story: Our Company History,” available athttps://www.cca.com/our-history (last accessed December2015).

11 Mark Dow, American Gulag: Inside U.S. Immigration Prisons (Oakland, CA: University of California Press, 2004).

12 Office of Inspector General, Detention and Removal ofIllegal Aliens (U.S. Department of Homeland Security, 2006),available at https://www.oig.dhs.gov/assets/Mgmt/OIG_06-33_Apr06.pdf; Alison Siskin, “Immigration-Related Deten-tion: Current Legislative Issues” (Washington: CongressionalResearch Services, 2012), available at https://www.fas.org/sgp/crs/homesec/RL32369.pdf ; U.S. Department of Justice,FY2002 Budget Summary: Department of Justice Immigra-tion and Naturalization Service Breached Bond/DetentionFund (2001), available at http://www.justice.gov/archive/ jmd/2002summary/html/ins_breached_bond.htm; GeneralAccounting Office, “Immigration Control: Immigration Poli-cies Affect I NS Detention Efforts,” GAO/GGD-92-85, Reportto the Chairman, Subcommittee on International Law,Immigration, and Refugees, Committee on Judiciar y, Houseof Representatives, June 1992, available at http://www.gao.gov/assets/160/151988.pdf; Megan Golden, Oren Root,

and David Mizner, “The Appearance Assistance Program:Attaining Compliance with Immigration Laws ThroughCommunity Supervision” (New York: Vera Institute of Justice,1998), available at http://www.vera.org/sites/default/files/resources/downloads/aap.pdf .

13 Leslie Berestein, “Detention Dollars: Tougher immigrationlaws turn the ailing private prison sector into a revenuemaker,” San Diego Union-Tribune, May 4, 2008, available athttp://legacy.utsandiego.com/uniontrib/20080504/news_lz-1b4dollars.html.

14 Last10k.com, “Corrections Corporation of America: 10-KAnnual Report for the fiscal year ended December 31,2005,” available at https://www.last10k.com/sec-filings/CXW/0000950144-06-001892.htm(last accessed December2015).

15 Bethany Carson and Eleana Diaz, “Payoff: How CongressEnsures Private Prison Profit with an Immigrant DetentionQuota” (Austin, TX: Grassroots Leadership, 2015), availableat http://grassrootsleadership.org/reports/payoff-how-con-gress-ensures-private-prison-profit-immigrant-detention-quota#1; Chris Kirkham, “Private Prisons Profit From Im-migration Crackdown, Federal and Local Law EnforcementPartnerships,” The Huffington Post, June 7, 2012, availableat http://www.huffingtonpost.com/2012/06/07/private-prisons-immigration-federal-law-enforcement_n_1569219.html.

16 Paige M Harrison and Allen J. Beck, “Prisoners in 2005” (U.S.Bureau of Justice Statistics, 2006), available at http://www.bjs.gov/content/pub/pdf/p05.pdf; E. Ann Carson, “Prisonersin 2014” (U.S. Bureau of Justice Statistics, 2015), available athttp://www.bjs.gov/content/pub/pdf/p14.pdf .

17 Kirkham, “Private Prisons Profit from Immigration Crack-down.”

18 Carson and Diaz, “Payoff”; Analysis by Nick Taxera of lobby-

ing data from the Center for Responsive Politics, on file withauthor.

19 Intelligence Reform and Terrorism Prevention Act of 2004,Public Law 108-458, 108th Cong., 2nd sess. (December 17,2004).

20 Department of Homeland Security Appropriations Act of 2010,Public Law 111-83, 111th Cong., 1st sess. (October 28, 2009).

21 Consolidated Appropriations Act of 2012, H.R. 2055, 112 Cong.1st sess. (Government Printing Office, 2011); National Im-migrant Justice Center, “Immigration Detention Bed Quota Timeline,” Fall 2015, available at http://www.immigrantjus-tice.org/immigration-detention-bed-quota-timeline.


23 Ibid.

24 Last10k.com, “Corrections Corporation of America: 10-KAnnual Report for the fiscal year ended December 31,2005”; Last10k.com, “CCA Reports Fourth Quarter and FullYear 2014 Financial Results,” Press release, February 11,2015, available at https://www.last10k.com/sec-filings/CXW/0001193125-15-061839.htm.

25 Ibid.; Kirkham, “Private Prisons Profit from ImmigrationCrackdown.”

26 Last10k.com, “Corrections Corporation of America:10-K Annual Report for the fiscal year ended January 1,2006,” available at https://www.last10k.com/sec-filings/GEO/0000950144-06-002484.htm (last accessed December2015).

27 Last10k.com, “The GEO Group Reports Fourth Quarter2010 Results,” Press release, February 17, 2011, available athttps://www.last10k.com/sec-filings/GEO/0000950123-11-

020922.htm; Kirkham, “Private Prisons Profit from Immigra-tion Crackdown”; Last10k.com, “GEO Group Inc.: 10-K An-nual report for the fiscal year ended Dec. 31, 2014,” availableat https://www.last10k.com/sec-filings/GEO/0001193125-15-062920.htm (last accessed December 2015).

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28 House Committee on Appropriations Subcommittee onHomeland Security, Department of Homeland Security Appro-

priations for 2016, 114th Cong., 1st sess., 2015, available athttp://permanent.access.gpo.gov/gpo61838/; Esther Yu-HsiLee, “Homeland Security Head Insists ‘Bed Mandate’ Is NotA Quota To Fill Detention Centers,” ThinkProgress, March12, 2014, available at http://thinkprogress.org/immigra-tion/2014/03/12/3391911/jeh-johnson-bed-mandate-quota/; House Committee on Appropriations Subcommitteeon Homeland Security, Department of Homeland Security

Appropriations for 2015, 113th Cong., 2nd sess., 2014, avail-able at http://permanent.access.gpo.gov/gpo52367/.

29 House Committee on Appropriations Subcommittee onHomeland Security, Department of Homeland Security Appro-

priations for 2015.

30 Detention Watch Network and Center for ConstitutionalRights, “Banking on Detention: Local Lockup Quotas & theImmigrant Dragnet” (2015), available at http://www.deten-tionwatchnetwork.org/sites/default/files/Banking_on_De-tention_DWN.pdf .


32 Office of Inspector General, Immigration and CustomEnforcement Detention Bedspace Management (U.S. Depart-ment of Homeland Security, 2009), available at https://www.oig.dhs.gov/assets/Mgmt/OIG_09-52_Apr09.pdf .

33 Government Accountability Office, “Immigration Detention:

Additional Actions Needed to Strengthen Management andOversight of Facility Costs and Standards.”

34 Sharita Gruberg, “No Way Out: Congress’ Bed Quota TrapsLGBT Immigrants in Detention,” Center for AmericanProgress, May 14, 2015, available at https://www.ameri-canprogress.org/issues/lgbt/news/2015/05/14/111832/no-way-out-congress-bed-quota-traps-lgbt-immigrants-in-detention/.

35 Not1More, “Gay Salvadoran Asylum Seeker Denied ReleaseDespite Having Credible Clai m,” available at http://www.no-tonemoredeportation.com/portfolio/gabriel/ (last accessedDecember 2015).

36 U.S. Department of State, Country Reports on Human RightsPractices for 2014: El Salvador (2014), available at http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2014&dlid=236688.

37 U.S. Immigration and Customs Enforcement, Parole of

Arriving Aliens Found to Have a Credible Fear of Persecutionor Torture (U.S. Department of Homeland Security, 2009),available at http://www.ice.gov/doclib/dro/pdf/11002.1-hd-parole_of_arriving_aliens_found_credible_fear.pdf ; Letterfrom Jeh Johnson to Thomas S. Winkowski and others,“Policies for the Apprehension, Detention and Removal ofUndocumented Immigrants,” November 20, 2014, avail-able at https://www.dhs.gov/sites/default/files/publica-tions/14_1120_memo_prosecutorial_discretion.pdf.

38 Johnson, “Policies for the Apprehension, Detention andRemoval of Undocumented Immigrants.”

39 Ibid.

40 Esther Yu-Hsi Lee, “The Hunger Strike You Haven’t HeardAbout,” ThinkProgress, October 21, 2015, available at http://thinkprogress.org/immigration/2015/10/21/3714277/south-asian-immigrants-detention-hunger-strike/; U.S.Immigration and Customs Enforcement, “Interagency

Service Agreement between the United States Depart-ment of Homeland Security, U.S. Immigration and CustomsEnforcement, and Williamson County, Texas,” January27, 2010, available at http://www.documentcloud.org/documents/1672355-hutto-county-corectional-center-wil-liamson.html; Esther Yu-Hsi Lee, “Immigrant Women LaunchIndefinite Hunger Strike, Asking To Be Freed From DetentionCenter,” ThinkProgress, October 29, 2015, available at http://thinkprogress.org/immigration/2015/10/29/3717102/hutto-hunger-strike/; Esther Yu-Hsi Lee, “Why ImmigrantDetainees in California Just Launched a Hunger Strike,”

ThinkProgress, November 2, 2015, available at http://think-progress.org/immigration/2015/11/02/3718005/adelanto-hunger-strike/; Kate Linthicum, “Hundreds launch hungerstrike at i mmigrant detention center in Adelanto, Calif.,” Los

Angeles Times, November 6, 2015, available at http://www.latimes.com/local/lanow/la-me-ln-immigrant-hunger-strike-20151106-story.html; U.S. Immigration and CustomsEnforcement, “Interagency Service Agreement betweenthe United States Department of Homeland Security, U.S.Immigration and Customs Enforcement, and the City ofAdelanto,” May 2011, avail able at http://www.document-cloud.org/documents/1633813-adelanto-contract.html;Detention Watch Network and Center for Constitutional

Rights, “Banking on Detention.”

41 Lee, “The Hunger Strike You Haven’t Heard About.”

42 Ibid.

43 Last10k.com, “GEO Group Inc.: 10-K Annual report for thefiscal year ended January 2, 2011,” available at https://www.last10k.com/sec-filings/GEO/0000950123-11-020922.htm (last accessed December 2015)

44 Julie Myers Wood and Steve J. Martin “Wood and Martin:Smart alternatives to immigrant detention,”The WashingtonTimes, March 28, 2013, available at http://www.washing-tontimes.com/news/2013/mar/28/smart-alternatives-to-immigrant-detention/.

45 Office of Inspector General, U.S. Immigration and Custom’sEnforcement’s Alternatives to Detention (U.S. Department ofHomeland Security, 2015), available at https://www.oig.dhs.

gov/assets/Mgmt/2015/OIG_15-22_Feb15.pdf .

46 Molly Hennessy-Fiske, “Immigrants object to growing use ofankle monitors after detention,”Los Angeles Times, August 2,2015, available at http://www.latimes.com/nation/immigra-tion/la-na-immigrant-ankle-monitors-20150802-story.html.

47 U.S. Department of Homeland Security, CongressionalBudget Justification: FY 2016 (2015), available at http://www.dhs.gov/sites/default/files/publications/DHS_FY2016_Con-gressional_Budget_Justification.pdf .

48 Ibid.

49 This was raised to 34,000 in the Consolidated Appropria-tions Act of 2012 and has remained at that level since undera series of continuing resolutions that maintained FY 2012funding levels for immigration detention.

50 The Geo Group, “Locations: Karnes County ResidentialCenter,” available athttp://www.geogroup.com/maps/

locationdetails/23 (last accessed December 2015); BusinessWire, “The GEO Group Announces 626-Bed Expansion of theKarnes County Residential Center in Texas,” Press release,December 19, 2014, available at http://www.businesswire.com/news/home/20141219005408/en/GEO-Group-An-nounces-626-Bed-Expansion-Karnes-CountyNews.

51 New York Immigrant Representation Study, “AccessingJustice: The Availability and Adequacy of Counsel in Im-migration Proceedings” (2011), available at http://www.cardozolawreview.com/content/denovo/NYIRS_Report.pdf .

52 Sharita Gruberg and Rachel West, “Humanitarian Diplomacy: The U.S. Asylum System’s Role in Protecting Global LGBTRights” (Washington: Center for American Progress, 2015),available at https://www.americanprogress.org/issues/lgbt/report/2015/06/18/115370/humanitarian-diplomacy/.

53 Author’s analysis of asylum grant rates at for-profit facili-ties with an average daily population of more than 500

detainees and ICE-owned service processing centers.Family detention cases were not included nor were casesbefore the San Antonio court, where many family caseswere heard. See Executive Office for Immigration Review,FY 2014 Statistics Yearbook (U.S. Department of Justice,2015), available at http://www.justice.gov/eoir/pages/at-tachments/2015/03/16/fy14syb.pdf; U.S. Immigration andCustoms Enforcement, “ICE Authorized Facilities Matrix”(2015), on file with author.

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15/15

54 U.S. Commission on Civil Rights, “With Liberty and Justicefor All: The State of Civil Rights at Immi gration DetentionFacilities, Statutory Enforcement Report” (2015), p. 43,available at http://www.usccr.gov/pubs/Statutory_Enforce-ment_Report2015.pdf .


56 Ibid.

57 Consolidated Security, Disaster Assistance, and Continuing

Appropriations Act of 2009, Public Law 110-329, 110th Cong.,2nd sess. (September 30, 2008).

58 National Immigrant Justice Center and Detention WatchNetwork, “Lives in Peril: How Ineffective Inspections MakeICE Complicit in Immigration Detention Abuse” (2015), avail-able at http://immigrantjustice.org/sites/immigrantjustice.org/files/THR-Inspections-FOIA-Report-October-2015-FI-NAL.pdf .


60 National Immigrant Justice Center, “In Focus: ICE Inspectionsat Eloy Federal Contract Facility, Arizona,” available at http://immigrantjustice.org/focus-ice-inspections-eloy-federal-contract-facility-arizona (last accessed December 2015).

61 American Civil Liberties Union, “ACLU of Arizona Files Law-

suit on Behalf of Transgender Woman Sexually Assaultedby CCA Guard,” Press release, December 5 2011, avail ableat https://www.aclu.org/news/aclu-arizona-files-lawsuit-behalf-transgender-woman-sexually-assaulted-cca-guard.

62 Zack Ford, “Transgender Woman Says Immigration Deten-tion Officials Told Her To Pretend Her Rape Was Consen-sual,” ThinkProgress, August 5, 2014, available at http://thinkprogress.org/lgbt/2014/08/05/3467761/transgender-immigration-rape/.

63 Mitch Kellaway, ”Detained Trans Immigrant MarichuyGamino to Be Released,” The Advocate, January 22, 2015,available at http://www.advocate.com/politics/transgen-der/2015/01/22/detained-trans-immigrant-marichuy-gami-no-be-released; Mitch Kellaway, “Guatemalan Trans WomanReleased After Harrowing Six Months in Immigration Deten-tion,” The Advocate, May 4, 2015, available at http://www.advocate.com/immigration/2015/05/04/guatemalan-trans-woman-released-after-harrowing-six-months-immigration-detent.

64 U.S. Commission on Civil Rights, “With Liberty and Justicefor All.”

65 Ibid.

66 Ibid.

67 Author’s analysis of U.S. Immigration and Customs Enforce-ment, List of Deaths in ICE Custody (U.S. Department ofHomeland Security, 2015), available at https://www.ice.gov/sites/default/files/documents/FOIA/2015/detain-eedeaths2003-present.pdf .

68 Ibid.

69 Office of Congressman Raul Grijalva,“Grijalva to DOJ: Inves-tigate Deaths at Eloy Detention Center,” Press release, June17 2015, available at https://grijalva.house.gov/news-and-press-releases/grijalva-to-doj-investigate-deaths-at-eloy-detention-center/.

70 U.S. Commission on Civil Rights, “With Liberty and Justicefor All,” p. 36.

71 Ibid., p. 39.

72 Ibid., p. 42.

73 Ibid., p. 43.

74 Ibid., p. 77.

75 Ibid., p. 106.

76 Justice Is Not For Sale Act of 2015, S. 2054, 114 Cong. 1 sess.(Government Printing Office, 2015).

77 Sharita Gruberg, “Dignity Denied: LGBT Immigrants in U.S.Immigration Detention” (Washington: Center for AmericanProgress, 2013), available at https://www.americanprogress.org/issues/immigration/report/2013/11/25/79987/dignity-denied-lgbt-immigrants-in-u-s-immigration-detention/.

78 Justice Is Not For Sale Act of 2015, S. 2054.

79 Accountability in Immigration Detention Act of 2015, H.R.2314, 114 Cong. 1 sess. (Government Printing Office, 2015);Protecting Taxpayers and Communities from Local DetentionQuotas Act , H.R. 2808, 114 Cong. 1 sess. (Government Print-ing Office, 2015).

80 Gruberg and West, “Humanitarian Diplomacy.”
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