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One ACLU leader warned it "would hand the Trump administration more tools to criminalize immigrants and terrorize communities at the same time they are deploying federal agents and the military to our streets."
Eleven Democrats voted with Republicans in the US House of Representatives on Thursday to advance the so-called Stop Illegal Entry Act, which critics have condemned as "dangerously overbroad" as well as "dehumanizing and horrific."
The final vote was 226-197. The 11 Democrats who joined all GOP members present in backing the bill were Reps. Henry Cuellar (Texas), Don Davis (NC), Laura Gillen (NY), Jared Golden (Maine), Vicente Gonzalez (Texas), Adam Gray (Calif.), Kristen McDonald Rivet (Mich.), Frank Mrvan (Ind.), Marie Gluesenkamp Perez (Wash.), Tom Suozzi (NY), and Gabe Vasquez (NM).
Introduced by Congresswoman Stephanie Bice (R-Okla.) and Sen. Ted Cruz (R-Texas), HR 3486 would increase sentences for undocumented immigrants who repeatedly enter the United States illegally or enter the country and then commit a felony. The bill still needs Senate approval to reach the desk of Republican President Donald Trump, who supports it.
After Thursday's vote, Mike Zamore, the ACLU's national director of policy and government affairs, warned that "HR 3486 would supercharge President Trump's reckless deportation drive, which is already damaging our economy and destabilizing communities."
"This legislation would hand the Trump administration more tools to criminalize immigrants and terrorize communities at the same time they are deploying federal agents and the military to our streets. It would also undermine public safety by diverting more resources away from youth services and prevention programs that actually improve community safety," Zamore said. "While the House narrowly passed this bill, we thank the members of Congress who held the line and voted against this harmful legislation."
"At a time when president is threatening American cities and the Supreme Court is greenlighting racial profiling, it is vital that a growing number of elected officials are standing together in rejecting Stephen Miller's dystopian agenda to criminalize and demonize people who come to this country seeking a better life," he added, calling out the White House deputy chief of staff for policy infamous for various anti-migrant initiatives from Trump's first term, including forcible separation of families.
Speaking on the House floor, Congresswoman Pramila Jayapal (D-Wash.), an immigrant herself, called the bill "Republicans' latest attempt to scapegoat and fearmonger about immigrants."
US Rep. Sylvia Garcia (D-Texas) also spoke out against the bill, saying on social media: "It does nothing to protect communities or make us safer. Instead, it piles on cruel mandatory minimums, explodes prison costs, and treats families seeking safety like violent criminals. We need real immigration reform, not another zero-tolerance failure."
Congressman Dave Min (D-Calif.), the son of immigrants, said in a statement that "in talking with local and state law enforcement officers, I learned that this bill will potentially make it harder for them to do their jobs. By increasing the scope of crimes that local police officers might be expected to enforce, while not providing any funding for this, HR 3486 would effectively reduce the resources our local law enforcement has to keep our communities safe and potentially lead to increases in violent crime."
Min also pointed to the US Supreme Court's Monday ruling that allows Immigration and Customs Enforcement (ICE) to engage in what critics have called "blatant racial profiling."
"This bill, combined with the Supreme Court's clearly wrong decision allowing ICE to detain people based on ethnicity, race, language, or place of employment, will give sweeping new authorities to ICE to perpetuate the mass incarceration of immigrants," he said. "I am deeply concerned that HR 3486 will lead to more violent attacks and unlawful arrests by ICE of the people I represent. For these reasons, I voted no earlier today."
The Louisiana state prison has been known for brutal working conditions, solitary confinement, and violence.
As a court in Fort Myers, Florida prepared to hold the first hearing on the legal rights of immigrants detained at "Alligator Alcatraz," the Everglades detention facility that a federal judge ordered to be shut down last month, US Homeland Security Secretary Kristi Noem on Wednesday said the Trump administration has found a new prison to house arrested migrants, and boasted that detainees will likely get "a message" from the facility the government selected.
The administration has struck a "historic" deal with the Louisiana state government, said officials Wednesday, and will begin detaining hundreds of immigrants in a new facility at the notorious Louisiana State Penitentiary, commonly called Angola and well known for its long history of violence and brutality against inmates as well as inhumane conditions.
Noem said in a press conference Wednesday that the prison, a former slave plantation, has "absolutely" been chosen due to its reputation for brutal working conditions—over which a group of inmates sued last year—use of solitary confinement, including for teenage prisoners; lack of access to clean water, sufficient food, and adequate hygiene; and violence.
"Absolutely, this is a facility that's notorious. It's a facility—Angola prison is legendary—but that's a message that these individuals that are going to be here, that are illegal criminals, need to understand," said Noem.
"Angola has a particularly dark history of abuse and repression that's almost singular in prison history in the United States."
An isolated section of the nation's largest maximum-security prison will house "the worst of the worst" criminal offenders who are immigrants, said Louisiana Gov. Jeff Landry, a Republican, after whom the Angola facility has apparently been named. The area where up to 400 immigrants will be held is being called Camp 57, an homage to Landry, who is the state's 57th governor.
Landry issued an emergency declaration in July to expedite repairs in the facility, which hasn't held prisoners since 2018 due to security and safety risks stemming from its deteriorating condition.
"Angola has a particularly dark history of abuse and repression that's almost singular in prison history in the United States," Eunice Cho, senior counsel at the National Prison Project at the American Civil Liberties Union, told The New York Times.
As with Alligator Alcatraz, the administration has come up with a nickname for the detention and deportation center: "Louisiana Lockup."
Landry emphasized Wednesday that "the most violent offenders" will be held in the facility, and said that "if you don't think that they belong in somewhere like this, you've got a problem."
The center, which is being run by Immigration and Customs Enforcement (ICE) contractors, was already housing 51 detainees as of Wednesday and is expected to hold up to 200 by the end of September.
Noem named examples of people convicted of crimes including murder, sexual assault, battery, and possession of child sexual abuse imagery, who would be sent to the Angola facility.
The administration's comments echoed earlier statements about Alligator Alcatraz, where officials said "the worst of the worst" would be held while they awaited deportation.
The Miami Herald and The Tampa Bay Times reported in July that just a third of about 900 people held at the facility had been convicted of crimes, which ranged from serious offenses to traffic violations. More than 250 people had never been convicted or charged with any crime.
One analysis in June found that nearly two-thirds of migrants who had been rounded up by ICE in the first months of Trump's second term did not have criminal convictions.
The Trump administration leaves no doubt that it will detain as many undocumented immigrants as it can and send them to for-profit centers.
When it comes to for-profit, private corporate incarceration of immigrants, making lots of money is like drinking salt water: The more they drink, the thirstier they get. Roman proverbs say that the more money a rich man has, the more driven and addicted he becomes to accumulating even more money. Wealth addiction is at the root of giant private prison corporations’ domination of the US government as communities take a back seat to the need for private profit. Many government leaders from both political parties share the same “profits over people” ideology.
The industry is preparing for explosive growth. On recent earnings calls, CoreCivic executives announced plans to triple the number of beds in their facilities within a few months. That would mean an additional $1.5 billion in revenue for the corporation, more than doubling its annual earnings. The US private incarceration system is a deeply entrenched network of public-private partnerships that make billions from incarceration and detention every year.
Just like large. private health insurance corporations, the US private-profit incarceration system has the inherent tendency to invent new needs, disregard all boundaries, and turn everything into big profit. Limitless greed for money becomes a disease where a person may become oversaturated with food… but no one or private prison corporation ever has enough wealth. Wealth addiction is a greedy compulsion to obtain more and more wealth, and specifically obtain what belongs to others. The effect is to injure others because it is adversarial and harmful to society as a whole.
The private prison industry pushes for harsh immigration policies intended to drive up immigration detention. And private immigration detention centers suffer from many of the same problems as private prisons and jails, but the people held in them have even fewer rights and thus, at times, can suffer even more abuse.
Emerging from the Reagan administration’s advocacy of privatization of public services, immigration detention is now a booming business for private prison corporations. Today’s profiteering involves the complete outsourcing of the criminal legal system to the highest bidder. Corruption of money in politics allows greedy corporations to decimate families in disproportionately Black, brown, and Indigenous communities.
With burgeoning anti-immigrant rhetoric and legislative crackdowns at all levels, private prison corporations are increasing their hold on US detention policy. Today about 90% of detained immigrants are held in privately operated facilities, the highest percentage in US history. In a for-profit prison, jail, or immigrant detention facility, people are imprisoned by a private third party that contracts with a government agency. Contractual agreements between governments and private entities commit prisoners to privatized facilities and are paid a per diem or monthly rate, either for each immigrant or prisoner in the facility, or for each place available, whether occupied or not. Such contracts may be for the operation only of a facility, or for design, construction, and operation.
The Trump administration leaves no doubt that it will detain as many undocumented immigrants as it can and send them to for-profit centers. And to help make sure that happens, private prison companies spend millions on campaigns and congressional lobbying efforts, just like businesses that sell cars, real estate, hamburgers, or toothpaste.
Everyone interested should join all state and local efforts to end privatization. profiteering, and barbarous inappropriate imprisonment of immigrants.
Next to private health insurance corporations, there is no greater disconnect between the public good and private interests than the rise of corporate-owned and-operated for-profit jails. The interest of private jails lies not in the obvious social good of having the minimum necessary number of inmates, but instead having as many immigrants and prisoners as possible housed as cheaply and profitably as possible. In the push for austerity and privatization, private profit US prison corporations have become premier examples of private capitalist enterprises seeking profits from the misery of man while trying to ensure that nothing is done to decrease that misery.
Profiteering private prison corporations are cashing in on the misery and desperation of US citizens as many county jail and state prison systems privatize throughout the nation. Private companies house over 10% of the nation’s total prison population, with privatization and profiteering madness now extending to well over 6 million people under correctional supervision, more than ever were in Stalin’s gulags.
Very alarming, the private prison industry now incarcerates 90% of all immigrant children, adolescents, and adults. A spokesman for Immigration and Customs Enforcement (ICE), Alonzo Pena, acknowledged that the private companies have all too often fallen short, noting that “it wasn’t their priority to ensure that the highest standards were being met.” ICE deserves some blame and responsibility: “We set up this partnership with the private industry in a way that was supposed to make things much more effective, much more economical, but unfortunately, it was in the execution and the monitoring and the auditing we fell behind, we fell short.”
The standard method for privatization of jail:
In reality it’s not long until privatization falls short in quality service; the private jail program saves money by employing fewer, less-trained guards and other workers and pays them badly, with horror stories often accompanying how these jails are run. In addition to Department of Justice (DOJ) studies and experience showing that governments save little money, if any, by turning over prison functions to private outfits, the DOJ also concluded that private prisons were in general more violent than government-operated institutions, and ordered a phaseout under the Obama and Biden administrations of their use at the federal level. Regrettably, reversing that order was one of the first things that President Donald Trump did on taking office.
Without evidence, private prison corporations always claim that their program will save the county and state millions annually. Private companies, such as CoreCivic and GEO Group, tout their virtues by saying they build and operate prisons more cheaply than governments can, due to the public sector’s many mandates. Their day-to-day operations are similarly more efficient and less costly, they assert, and they do it all without compromising public safety. The bottom line, they say, is that they allow governments to free up public funds for pursuits that mean more to most taxpayers than how felons or immigrants are jailed. To make sure that happens, private prison companies spend millions on donations to politicians from both political parties at all levels of government, campaigns, and congressional lobbying efforts, just like businesses that sell cars, real estate, or hamburgers.
“Privately operated facilities are better equipped to handle changes in the flow of illegal immigration because they can open or close new facilities as needed,” said Rodney E. King, CoreCivic’s public affairs manager. Critics tell a different story. They cite moments like a 2015 riot to protest poor conditions at a prison in Arizona run by another major private player, Management and Training Corporation. Earlier at that same institution, three inmates had escaped and murdered two people.
Many case examples show scrimping by private immigrant detention facility operators, with bad food and shabby healthcare for inmates, low pay and inadequate training for guards, and hiring shortages. At immigrant detention centers, operators see little need to offer extensive educational programs for children or job training since people held there are mostly destined for deportation. Basic hygiene items like toothpaste or tampons are marked up by 300% or more by Commissary corporations. Contributing to suffering and preventable deaths, some private healthcare providers routinely delay or deny treament behind bars. Private food vendors serve meals that are frequently expired or nutritionally inadequate, all in the name of cutting costs and maximizing returns. “To maximize profit, you minimize your expenditures,” said Rachel Steinback, a lawyer for hunger strikers.
Despite many promises that jail and prison privatization will lead to big cost savings, such savings, as a comprehensive study by the Bureau of Justice Assistance, part of the US Department of Justice, concluded, “have simply not materialized.” To the extent that private prison and jail operators do manage to save money, they do so through “reductions in trained staff, fringe benefits, and other labor-related costs.” Economist Paul Krugman noted that “as more and more government functions get privatized, states become ‘pay-to-play’ paradises in which both political contributions and contracts for friends and relatives become quid pro quo for getting government busines.”
The corrupt nexus of privatization and patronage by private 1% corporations and oligarchs is undermining local and state levels of government across the USA. Longer-term institutionalization by for-profit corporations is promoted via harsh sentencing guidelines and other means for keeping inmates doing lengthy, and very profitable for the corporation, sentences. To fix this problem, we should demand that private corporations be removed from the administration of our local, state, and federal public prison programs. Privatization of jail services increases costs without any corresponding increase in quality or care. Until then, the powerful in county, state, and federal government, along with their corporate oligarch partners to whom they are beholden, will continue privatizing and profiteering as they please, while laughing all the way to the bank. Everyone interested should join all state and local efforts to end privatization. profiteering, and barbarous inappropriate imprisonment of immigrants.
In the new book, The Prison Industry: How it Works and Who Profits, authors Bianca Tylek and Worth Rises write:
Private prisons have embedded themselves in every facet of the criminal and immigration systems. While people have begun to challenge private prison corporations, there must be vigilant attention paid to the industry’s attempt to change its toxic image and expand into adjacent business lines. After all, whether walls are built out of concrete, wire, or WiFi, a prison is still a prison, and a private prison still needs more bodies to grow. No matter their form, private prison corporations have no place in any system that claims to be about justice.