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Last night, the two largest private prison corporations in the U.S. suffered their third defeat in the courts over whether they could keep the details of their government contracts secret. The full Second Circuit Court of Appeals declined to reconsider a decision by a three-judge panel dismissing their appeal as they sought to block the release of government documents about their immigration detention practices. In a case brought by Detention Watch Network (DWN) and the Center for Constitutional Rights (CCR), a federal judge ruled in July that under the Freedom of Information Act (FOIA) the government must release details of its contracts with private prison corporations. The government chose not to appeal, but the United States' two largest private prison corporations, the GEO Group and Corrections Corporation of America (CCA), recently rebranded as "CoreCivic," intervened to stop the release and filed an appeal of their own. The appellate panel dismissed that appeal in February.
"The court's ruling is yet another victory against private prison corporations who are fighting hard to avoid accountability," said Mary Small, Policy Director of Detention Watch Network. "It's astounding that private prison contractors thought they had the right to dictate the scope of government secrecy. But the Second Circuit has shown that courts can still exercise oversight over frivolous attempts to hide the profiteering schemes that devastate immigrant communities and the American public. This victory is especially important as we face a presidential administration committed to mass privatization and a retrenchment in transparency in addition to increasingly aggressive detention and deportation."
"The Second Circuit has rightly ruled, again, that private contractors cannot be allowed to stand in the shoes of government and make decisions about dissemination of government information to the public," said Jennifer-Brooke Condon of the Center for Social Justice of the Seton Hall University School of Law, which co-counsels the case with CCR. "CCA and GEO sought to interfere with the balance Congress sought to strike between the public and their elected representatives regarding the transparency appropriate in our democracy."
"The court has rightly affirmed that private corporations that take on public functions must be subject to public scrutiny," said Center for Constitutional Rights Senior Staff Attorney Ghita Schwarz. "This is an important decision at a time of increasing privatization and increasingly abusive immigration practices: private detention does not mean decreased transparency."
The Second Circuit's decision lets stand the July ruling by the district court, which rejected arguments by the Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE) that the terms of government contracts constitute corporate trade secrets that may be withheld from the public. The court reasoned that the contract terms were not "confidential commercial information" and that releasing them would not harm the competitive advantage of the private prison companies. The court also ordered the release of details about staffing levels of medical and social service personnel in privately-run immigration detention facilities.
Detention Watch Network and the Center for Constitutional Rights filed the FOIA litigation to obtain information about the workings of the detention bed quota, which requires the funding of 34,000 immigration beds at any given time. DHS and ICE have interpreted the quota as a requirement that at least 34,000 immigrations beds must be filled at any given time. Critics say immigrants, including children and families, have been rendered a source of profit for contractors.
In June, Detention Watch Network and the Center for Constitutional Rights released a report, Banking on Detention 2016 Update, showing the extent to which ICE grants financial benefits to private and public entities that detain immigrants through government contracts requiring ICE to pay for guaranteed minimums at detention facilities.
The case is Detention Watch Network et al. v. ICE et al. Read yesterday's orders from the Second Circuit Court of Appeals here and here.
Detention Watch Network (DWN) is a national coalition of organizations and individuals working to expose and challenge the injustices of the United States' immigration detention and deportation system and advocate for profound change that promotes the rights and dignity of all persons. Founded in 1997 by immigrant rights groups, DWN brings together advocates to unify strategy and build partnerships on a local and national level to end immigration detention. Visit www.detentionwatchnetwork.org. Follow @DetentionWatch.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.(212) 614-6464
The treasury secretary's warning came as a Biden administration official said the president won't invoke the 14th Amendment in order to avoid a first-ever U.S. default.
U.S. Treasury Secretary Janet Yellen on Friday warned Congress that the United States government will run out of money to pay its bills on June 5 if lawmakers don't reach an agreement to raise the nation's debt ceiling.
"Based on the most recent available data, we now estimate that Treasury will have insufficient resources to satisfy the government's obligations if Congress has not raised or suspended the debt limit by June 5," Yellen wrote in a letter to House Speaker Kevin McCarthy (R-Calif.).
"We have learned from past debt limit impasses that waiting until the last minute to suspend or increase the debt limit can cause serious harm to business and consumer confidence, raise short-term borrowing costs for taxpayers, and negatively impact the credit rating of the United States," Yellen noted. "In fact, we have already seen Treasury's borrowing costs increase substantially for securities maturing in early June."
Earlier this month, Yellen said that the so-called "X-date"—the day on which the first-ever U.S. default will occur—could come as early as June 1.
"If Congress fails to increase the debt limit, it would cause severe hardship to American families, harm our global leadership position, and raise questions about our ability to defend our national security interests," she stressed in Friday's letter.
\u201cJanet Yellen updates the X date\u2026 it is now next Monday, June 5.\n\nLetter to Congress:\u201d— Julie Tsirkin (@Julie Tsirkin) 1685132574
As The New York Timesnotes:
Ms. Yellen's letter comes as the White House and House Republicans have been racing to agree on a deal that would lift the nation's $31.4 trillion borrowing cap and prevent the United States from defaulting on its debt. The Treasury Department hit the debt limit on January 19 and has since been employing accounting maneuvers to ensure the United States can continue paying its bills on time...
On Friday, she detailed that the federal government is due to make more than $130 billion in scheduled payments during the first two days of June—including payments to veterans and Social Security and Medicare recipients—leaving the Treasury Department with "an extremely low level of resources"...
While negotiators have been in round-the-clock talks, no deal has been announced. Still, the contours of an agreement between the White House and Republicans are taking shape. That deal would raise the debt limit for two years while imposing strict caps on discretionary spending not related to the military or veterans for the same period.
Biden administration officials and congressional Democrats have accused Republicans of "hostage-taking" during the debt limit standoff, an allegation embraced by Rep. Matt Gaetz (R-Fla.) earlier this week.
Scores of Democratic lawmakers and progressive advocates have called on President Joe Biden to exercise his constitutional authority and invoke the 14th Amendment—which states in part that "the validity of the public debt of the United States... shall not be questioned."
However, Deputy Treasury Secretary Wally Adeyemo said Friday that Biden will not invoke the 14th Amendment.
"The 14th Amendment can't solve our challenges," Adeyemo asserted on CNN. "Now, ultimately, the only thing that can do that is Congress doing what it's done 78 other times, raising the debt limit."
"We don't have a Plan B that allows us to meet the commitments that we've made to our creditors, to our seniors, to our veterans, to the American people," Adeyemo added ominously.
"Banning buying homes based on citizenship and registering your property did not bode well in history," said one lawmaker. "This is the Republicans rewriting the Chinese Exclusion Act."
Days after a group of Chinese citizens sued Florida's government over its new law restricting Chinese citizens from purchasing property in the state, U.S. Rep. Al Green this week warned of a "proliferation" of such bans and unveiled federal legislation to prohibit them.
The proposal would affirm that federal law, such as the Fair Housing Act, takes precedence over state bans restricting who can and cannot legally purchase real estate or farmland. It would also allow people to sue in federal court and have a right to court-ordered relief including an injunction if they've been harmed by bans like the one approved by Republican Florida Gov. Ron DeSantis.
The Fair Housing Act explicitly prohibits discrimination in housing based on national origin, race, sex, gender identity, religion, and disability.
Despite the long-standing law, Florida this month became the latest state to pass restrictions on property ownership, targeting Chinese, Russian, Iranian, Syrian, Cuban, Venezuelan, and North Korean citizens. DeSantis claimed Chinese people have been "gobbling up" land in the state and said the law is intended to stop the Chinese Communist Party from gaining influence and spying in the state.
"That is not in the best interests of Florida to have the Chinese Communist Party owning farmland, owning land close to military bases," said the governor, who announced his 2024 presidential campaign this week.
Utah Gov. Spencer Cox, also a Republican, signed a ban on Chinese companies buying property in March, and the Texas Legislature had advanced a similar bill targeting companies and government entities headquartered in China, Russia, North Korea, and Iran.
According to the National Agricultural Law Center, 21 states have laws restricting foreign ownership of farmland. More than 30 states have drafted or advanced legislation to either tighten those restrictions or introduce new ones.
"I don't think we ought to allow 50 states to have the opportunity to pass laws that can impact foreign affairs, which really is the province of the executive branch of the federal government," Green told HuffPost on Thursday. "I don't think we should wait until we get 30, 50, whatever number of different laws to act."
The measures have drawn comparisons to the so-called "alien land laws" that were in place in the early 20th century before being struck down by courts and state legislatures. The laws prohibited Chinese and Japanese immigrants from owning land and "severely exacerbated violence and discrimination against Asian communities," according to the ACLU, which is representing the plaintiffs in the lawsuit filed in Florida this week.
"Banning buying homes based on citizenship and registering your property did not bode well in history... This is the Republicans rewriting the Chinese Exclusion Act," said Rep. Grace Meng (D-N.Y.) this week, referring to the 1882 law that banned Chinese workers from immigrating to the United States.
\u201c\u2026when you ask me why we worry about anti-China rhetoric\u2026 many people can\u2019t differentiate between someone who works for the CCP from an average Chinese American. These laws will increase anti Asian suspicion & hate. https://t.co/z7j9TuyfA3\u201d— Grace Meng (@Grace Meng) 1684285341
Contrary to DeSantis' claim that Chinese citizens are buying large amounts of property across Florida, according to the U.S. Department of Agriculture's Farm Service Agency, foreigners owned only 3.1% of farmland at the end of 2021, and about a third of that land was owned by Canadians. Less than 1% of the land—0.03% of all farmland in the U.S.—was owned by Chinese citizens or entities.
"Hey, hey! What we knew would happen: Make the wealthiest pay their fair share and it finances investments in education, transportation, and more," said Rep. Pramila Jayapal.
Proponents of progressive taxation on Friday pointed to data showing Washington state stands poised to reap $849 million in revenue during the first year of its capital gains tax as proof that taxing the rich works—and could serve as a template for federal legislation.
The Seattle Timesreports that when Washington state lawmakers passed this fiscal year's budget, they anticipated collecting $248 million in revenue from the 7% tax on the sale or exchange of stocks, bonds, and certain other assets above $250,000.
However, the legislators were pleasantly surprised when figures showed the state has collected over $600 million more than that.
While the amount collected could change after around 2,500 taxpayers who applied for extensions file their returns, progressives welcomed the windfall that will fund public schools, early childhood education, and building and repairing schools across the state.
"Hey, hey! What we knew would happen: Make the wealthiest pay their fair share and it finances investments in education, transportation, and more," tweeted Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.).
\u201cTurns out taxing the rich is a really good idea and can help fund our public schools https://t.co/HX2dPp63UX\u201d— Robert Cruickshank (@Robert Cruickshank) 1685113329
Jayapal touted federal legislation she introduced with Sen. Elizabeth Warren (D-Mass.) in 2021—the Ultra-Millionaire Tax Act—that would levy a 2% annual tax on the net worth of households and trusts above $50 million, plus a 1% annual surtax on billionaires.
An analysis by University of California, Berkeley economists Emmanuel Saez and Gabriel Zucman found that the legislation would bring in at least $3 trillion in revenue over 10 years without raising taxes on 99.95% of American households worth less than $50 million.
Last month, Warren, Sen. Bernie Sanders (I-Vt.), and Rep. Jimmy Gomez (D-Calif.) introduced the For the 99.5% Act, which would impose a 45% tax on estates worth between $3.5 million and $10 million, a 50% tax on estates worth between $10 million and $50 million, a 55% tax on estates worth between $50 million and $1 billion, and a 65% tax on estates valued at over $1 billion.
Meanwhile, congressional Republicans are trying to repeal the estate tax entirely—and pass other tax policies to serve the rich.
Back at the state level, California, New York, Illinois, Maryland, Connecticut, and Hawaii have also introduced wealth tax bills this year, while Washington's law was upheld by that state's Supreme Court in March.
"If the federal government won't act," California Assemblymember Alex Lee (D-24) said while introducing a wealth tax bill in January, "we the states will."