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"These individuals have fled persecution and violence only to be thrown in 'civil' detention and left to fend for themselves in an abusive, profit-driven, and manipulative system."
A coalition of rights groups on Monday released a report documenting "systemic human rights abuses" at migrant detention centers in Louisiana and called for an end to the use of for-profit facilities by U.S. agencies.
The 108-page report, drawn from more than 6,000 interviews at Lousiana immigrant detention centers since 2022, was produced by Robert F. Kennedy (RFK) Human Rights, the ACLU, the ACLU of Louisiana, Immigration Services and Legal Advocacy, and the National Immigration Project.
Louisiana has nine immigrant detention centers that together typically hold more than 6,000 people—second only to Texas. Eight of the nine are run by for-profit companies that have contracts with U.S. Immigration and Customs Enforcement (ICE).
The report—which calls for these detention centers, which are under the remit of the New Orleans (NOLA) ICE field office, to be shut down—details a wide range of abuses including sexual assault, humiliating speech, medical neglect, and a lack of nutritious food and clean water.
"These individuals have fled persecution and violence only to be thrown in 'civil' detention and left to fend for themselves in an abusive, profit-driven, and manipulative system," Sarah Decker, a lawyer at RFK Human Rights and a lead author of the report, said in a statement.
"We've heard horrific stories over the last two years, stories that have been corroborated by extensive documentation," she added. "Our findings further support what detained people and their advocates have long demanded: the NOLA ICE jails must be shut down."
The New Orleans #Louisiana ICE Field Office (“NOLA ICE”) detains over 6,000 immigrants each day, more than any other state in the U.S. but Texas.
Our new human rights report shares first-hand accounts from detained people of abuse and degrading conditions in NOLA ICE jails,… pic.twitter.com/w63e7zCKaj
— Robert F. Kennedy Human Rights (@RFKHumanRights) August 26, 2024
Many of the interviews with the rights groups were conducted as part of initial legal screenings with detainees seeking representation. The work revealed widespread "inhumane treatment" at the nine facilities, including prolonged solitary confinement and the extended use of restrictive five-point shackles.
The report says the centers' food is insufficiently nutritious and cites instances of it being contaminated by rats or cockroaches. Authorities there often deny detainees access to menstrual products and key medicines, it says.
The report's authors argued that some of the abuses qualified as torture. "In some instances, the abuses that detained people describe firsthand in this report meet the definitions of torture or cruel, inhuman, or degrading treatment under international human rights treaties to which the United States is a party," they wrote.
The nine facilities are in rural Louisiana, far from New Orleans. One is connected to an airport—the only such ICE facility in the country, making it a key hub for the federal agency as it moves detainees around. The network of Louisiana facilities the result of what the report authors called an "explosion of immigrant incarceration" in the state that took place in the late 2010s.
Four of the nine centers are run by Geo Group, a Florida-based multinational prison firm that has long been the target of activist rage and reform efforts, which the Biden administration hasn't successfully delivered. The company reported $2.41 billion in revenues for 2023. Four other facilities are run by LaSalle Corrections, which operates facilities across the U.S. South, while one is publicly run per an ICE contract with a local sheriff's office.
The report says that the "for-profit incentive" leads to "a dangerous combination of overcrowding and understaffing" as the firms seek to pad their bottom line. A woman at one detention center said she was not fed enough so she had to buy extra items at its commissary, where a bag of Doritos cost $9. Meanwhile, detainees who took jobs at the center earned as little as $1 per day.
The rights groups' statement calls for an immediate investigation into abuses at facilities under NOLA ICE's remit. In fact, the detention centers have already been the subject of a federal oversight investigation, initiated in December 2021, but no findings have yet been released publicly, an ACLU spokesperson told Common Dreams.
"Louisiana has given industrial polluters open license to poison Black and brown communities for generations," and the new ruling from a Trump-appointed judge will only magnify the problem, a campaigner said.
A right-wing federal judge in Louisiana on Thursday permanently blocked two federal agencies from enforcing civil rights legislation that could protect Black communities from disproportionate pollution in the state, drawing condemnation from environmental justice advocates.
The two-page ruling, issued by U.S. District Court Judge James Cain, who was appointed to the federal bench in 2019 by then-President Donald Trump, is a setback in the push for accountability for corporate polluters, most notably in "Cancer Alley," a roughly 85-mile stretch that runs along the Mississippi River from Baton Rouge to New Orleans.
Cancer Alley is home to a disproportionate number of poor and working-class Black people who have highly escalated risks of cancer thanks to the long line of petrochemical plants in the corridor. A recent study showed that the air there is far worse than previously realized.
"Louisiana has given industrial polluters open license to poison Black and brown communities for generations, only to now have one court give it a permanent free pass to abandon its responsibilities," Patrice Simms, a vice president at Earthjustice, said in a statement.
The ruling forbids the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice from enforcing "disparate-impact requirements" under Title VI the 1964 Civil Rights Act in the state of Louisiana. The ruling affects permitting for industrial projects and could, according to Earthjustice, even be applied to "basic services such as sewage, drinking water, and health services." Cain opted not to make the ruling effective nationwide.
The main events leading up to Thursday's decision began in January 2022, when Earthjustice filed a complaint to the EPA on behalf of St. John the Baptist Parish, a majority-Black community in the heart of Cancer Alley. The EPA then opened an investigation into whether Louisiana state agencies had failed to protect the parish from environmental health threats. The agency was preparing to negotiate reforms with the Louisiana Department of Environmental Quality. This was part of a nationwide EPA effort to tackle environmental racism.
However, Louisiana, like other states, fired back. In May 2023, then-Attorney General Jeff Landry, who is now governor, filed a lawsuit—the same lawsuit Cain ultimately ruled on—against the EPA to block the investigation. The next month, the EPA dropped its investigation, disappointing parish residents and human rights groups. The Intercept later reported that the agency dropped the investigation because of fear the state's case would reach the U.S. Supreme Court.
Cain could then have dropped Louisiana's suit, but, in a move that may have been aimed at preventing future such investigations, he moved forward with it, issuing a 77-page temporary injunction in January that laid the groundwork for today's far briefer decision, which made the ruling permanent.
In the temporary injunction, Cain put forth ahistorical and power-blind arguments about race that are common in right-wing circles.
"To be sure, if a decision-maker has to consider race, to decide, it has indeed participated in racism," the judge wrote. "Pollution does not discriminate."
Earthjustice warned that though Cain's ruling applies only in Louisiana, "it may embolden other states to seek similar exceptions and create a chilling effect on civil rights enforcement by other federal agencies."
"Even with FERC's reckless decision to approve CP2, the project cannot move forward without all federal permits, including those currently paused by the Department of Energy," one climate advocate said.
In what the Sunrise Movementcalled a "disastrous decision," the Federal Energy Regulatory Commission voted 2-1 on Thursday to approve a certification for Venture Global's controversial Calcasieu Pass 2 liquefied natural gas terminal. The approval comes despite the fact that the company's first Calcasieu Pass terminal violated its air pollution permits more than 2,000 times during its first year in operation.
While expected, FERC's decision was widely condemned by climate justice advocates and frontline community groups. At the same time, CP2's opponents emphasized that the plant is unlikely to be built while the Department of Energy has paused the approval of LNG exports while it considers their impacts on the climate, consumers, and local communities.
"A rubber stamp from FERC is business-as-usual for fossil fuel projects," Lukas Ross, climate and energy justice deputy director at Friends of the Earth, said in a statement. "Thankfully CP2 has a long way to go and we intend to fight it every step of the way. No amount of lobbying will make this project anything other than a climate and environmental justice nightmare."
"We refuse to sink. We are going to fight them here. We are going to fight them at home. This is far from over."
Environmental groups say that CP2 is a "carbon bomb" that would emit 20 times more climate pollution over its lifetime than the Willow oil drilling project in Alaska.
"CP2 is a climate catastrophe," the Sunrise Movement wrote on social media. "It would produce more emissions than 46 coal-fired power plants and spew air pollution into marginalized communities."
It is also a key test case for a massive LNG buildout that threatens to raise domestic energy prices and shatter national climate goals.
As 350.org and Third Act co-founder Bill McKibbenpointed out in a Thursday column following the approval:
There's a huge pool of frackable gas sitting in the Permian Basin of Texas. The only way to monetize most of it is to ship it to Asia, persuading the fast-growing economies there to use it instead of wind and sun to make electricity. This scramble has been underway for about eight years, and LNG exports are already a giant industry; if Big Gas gets its way, within a few years American LNG exports from the Gulf of Mexico will be doing more climate damage than everything that happens in Europe.
Indeed, while the Virginia-based Venture Global has advertised its project as a boost to European energy security, around 65% of CP2's long-term Supply and Purchase Agreements are with Asia-Pacific oil companies, commodity speculators, or users.
The company also has a history of running roughshod over domestic environmental regulations and dismissing the needs and concerns of impacted communities. Its Calcasieu Pass plant, which is "technologically identical" in design to the proposed CP2, began operating in January 2022. Since then, residents of Cameron Parish, Louisiana, have reported frequent flaring, noise pollution, an uptick in cancer and other ailments, and fishing grounds polluted with dredging material.
"Make no mistake: CP2 is a carbon bomb threatening frontline communities with increased pollution and exacerbating the climate crisis," Allie Rosenbluth, United States program manager at Oil Change International, said in a statement. "Expanding LNG infrastructure jeopardizes the health and safety of nearby communities, undermines efforts to reduce fossil fuel dependency, and drives the climate crisis, economic instability, and conflict."
The one dissenting vote on FERC, outgoing Democratic Commissioner Allison Clements, justified her decision in part due to the project's potential to harm its neighbors.
"The commission has not adequately addressed the project's environmental and socioeconomic impacts, including adverse impacts on environmental justice communities," Clements said.
Following the vote, frontline leaders vowed to keep fighting the plant's construction.
"We refuse to sink. We are going to fight them here. We are going to fight them at home. This is far from over," said Travis Dardar, an Indigenous Cameron Parish fisherman who founded Fishermen Involved in Sustaining our Heritage (F.I.S.H.) to protest the LNG boom's impact on Gulf fishing.
However, activists also expressed an understanding that FERC was not the most favorable terrain in the fight.
Speaking outside FERC headquarters, Vessel Project of Louisiana founder Roishetta Ozane said it was time to "write off" the agency, according to E&E News.
"We're going to say that FERC is a rogue agency that does not care about communities," she said. "But who can do something while we are here is this administration. We need to continue to put pressure on the Department of Energy."
The DOE announced a pause on LNG export approvals in January while it revises the agency's criteria for what constitutes an export decision in the public interest. Since then, environmental advocates have called for the pause to be made permanent.
FERC's CP2 approval, they say, has clarified the stakes.
"Even with FERC's reckless decision to approve CP2, the project cannot move forward without all federal permits, including those currently paused by the Department of Energy," Rosenbluth said. "This illustrates just how critical the Department of Energy's pause and process to redefine 'public interest' are. President [Joe] Biden and the Department of Energy must listen to frontline communities and do all they can to permanently stop CP2 and all new LNG export terminals."
"If Trump and the GOP triumph, get ready for government of Big Oil by Big Oil for Big Oil until the Earth shall perish, which shouldn't take long."
Jamie Henn of Fossil Free Media agreed.
"FERC has always been a rubber stamp for new gas export facilities—that's why we zeroed in on getting the Department of Energy to pause new export licenses and do a proper assessment," Henn wrote on social media. "With today's shameful decision, pressure is on POTUS and DOE to do the right thing."
Kelsey Crane, senior policy advocate at Earthworks, said: "FERC has once again threatened the Biden administration's own climate and environmental justice policies by advancing what could be the third largest fracked gas export project in Southwest Louisiana. If CP2 is constructed, Louisianans will be forced to breathe dirtier air, pay higher energy bills, and lose important livelihoods in the fishing industry. The United States will emit more greenhouse gas pollution and continue delaying the impending, just transition to clean energy."
"President Biden cannot allow this decision to stand and has to stop letting his agencies approve new fossil fuel projects in the Gulf South," Crane concluded.
McKibben wrote, "The only thing standing between CP2 and construction (and the only thing that can prevent the construction of a dozen more of these death stars in the nest few years) is the Department of Energy, aka the president of the United States."
While McKibben said that Venture Global could build CP2 without the export approval, he argued it was unlikely to do so until either the Biden DOE lifts the pause or former U.S. President Donald Trump, who has promised to do so, is elected president.
Because of Trump's pro-fossil fuel stance, McKibben argued that FERC's CP2 decision also underscores the stakes of the 2024 election.
"If Trump and the GOP triumph, get ready for government of Big Oil by Big Oil for Big Oil until the Earth shall perish, which shouldn't take long," he wrote.
While Biden is not guaranteed to extend the LNG export pause if reelected, "at least there will be a fight, and it will be one of the climactic battles of the fossil fuel era," McKibben said.
Speaking outside the FERC hearing, Ozane said the numbers on the climate justice side were growing.
"It was just two to three of us… and now it's hundreds," she told the crowd. "We are building power. We are building people power. We make the difference."