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TURNING MISERY INTO PROFIT

TURNING MISERY INTO PROFIT. The Prison Industry and Immigration Enforcement. May 2012. A “BROKEN SYSTEM”. “…we should continue the work of fixing our broken immigration system , to secure our borders, and enforce our laws.” -- President Barack Obama, May 10, 2011

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TURNING MISERY INTO PROFIT

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  1. TURNING MISERY INTO PROFIT The Prison Industry and Immigration Enforcement May 2012

  2. A “BROKEN SYSTEM” • “…we should continue the work of fixing our broken immigration system, to secure our borders, and enforce our laws.” -- President Barack Obama, May 10, 2011 • “President Obama speaks about our broken immigration system; but what about our broken borders.” -- AZ Senators John McCain and Jon Kyle, May 10, 2011 • “The people that live and work in border communities… understand the policy failures that have led us to this broken economy and failed immigration system.” -- U.S. Representative Raul Grijalva, February 7, 2012 • “The federal government, Republicans and Democrats alike, have failed every single American - all of us.” -- AZ Governor Jan Brewer, March 6, 2012

  3. THE SYSTEM WORKS • Immigration policy and enforcement has historically served the interests of capital • Bracero program: 1942-1964 • Effect of immigration enforcement is to regulate and control migration, not to stop it • Border militarization: 1994-present • Immigration enforcement now feeds the $5 billion private prison industry • “Catch and return” policy: 2005-present

  4. OUTLINE • INTRODUCTION • THE CURRENT CONTEXT • Border Enforcement • Interior Enforcement • THE PRISON INDUSTRY • Privatization • Profiteering • Case Study: SB 1070 • CONCLUSION

  5. DEPARTMENT OF HOMELAND SECURITY • Created with Homeland Security Act of 2002 • United 22 federal agencies • Duties of Immigration and Naturalization Service (INS) split between: • U.S. Citizenship and Immigration Services (USCIS) • Immigration services • Immigration and Customs Enforcement (ICE) • Investigation and internal enforcement • Customs and Border Protection (CBP) • Border enforcement

  6. DHS OVERVIEW Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) U.S. Citizenship and Immigration Services (USCIS) Customs and Border Protection (CBP) Border Patrol

  7. THE CURRENT CONTEXT BORDER ENFORCEMENT

  8. MILITARIZATION AT A GLANCE • El Paso, TX, 1993: Operation Hold-the Line • Forward deployment, concentration of resources • San Diego, CA, 1994: Operation Gatekeeper • “Prevention-through-deterrence” nationalized • Southern AZ, 1994: Operation Safeguard • Surveillance, walls, lighting, more agents • South TX, 1997: Operation Rio Grande • Deaths increased 1,181% from 1996 to 2000 in TX

  9. IN THE PAST FIVE YEARS…

  10. IN THE PAST TWO YEARS… • July 2010 • 1,200 National Guard troops to border (524 to Arizona) • August 2010 • Emergency Border Security Appropriations Act • 1,000 Border Patrol agents, 250 CBP officers, 2 drone aircraft, 2 forward operating bases • June 2011 • Guard deployment extended • March 2012 • Guard reduced to 300 • Aerial surveillance and reconnaissance increased

  11. OPERATION STREAMLINE • History • Implemented in del Rio, TX in 2005 • Model • “Zero-tolerance” enforcement program • Designed to criminally prosecute all unauthorized entrants • Extent • 75,470 prosecutions under 1325 & 1326 in 2011 • Cost • $120 million/year for court in Tucson • $52.5 million/year for detention in Tucson • Concerns • Violation of federal law • Ineffective assistance of council • Wrongful prosecution • Resulting mass incarceration

  12. MASS INCARCERATION

  13. DECREASING APPREHENSIONS • Contributing factors: steeply increasing cost of crossing, growing educational and economic opportunity in Mexico

  14. INCREASING BORDER DEATHS

  15. DEADLIER THAN EVER

  16. THE HUMAN COST • Disruption of border communities • Desecration of indigenous lands • Environmental destruction • Reduced circularity of migration • Increased border deaths • Mass incarceration of migrants • Since 2005 “Operation Streamline has funneled more than $1.2 billion into the largely for-profit detention system in Texas, driving the expansion of private prisons along the border.”

  17. THE CURRENT CONTEXT INTERIOR ENFORCEMENT

  18. ICE A.C.C.E.S.S. • ICE Agreements of Cooperation in Communities to Enhance Safety and Security (ICE ACCESS) • Combines 13 programs • Permits cooperation with local criminal justice systems (courts, jails, police) • ICE ACCESS Programs • Asset Forfeiture / Equitable Sharing • Border Enforcement Security Task Forces • Criminal Alien Program • Customs Cross-Designation • Delegation of Immigration Authority - 287(g) • Document and Benefit Fraud Task Forces • Fugitive Operation Teams • Intellectual Property Rights • Law Enforcement Support Center • Operation Community Shield • Operation Firewall • Operation Predator • Secure Communities

  19. SECURE COMMUNITIES • History • Piloted in 14 jurisdictions in October 2008 • Model • Biometrics data sharing between FBI and DHS • Extent • 2,385 jurisdictions in 46 states • 125,000 arrests in 2011 • Cost • $750 million since 2004 • $200 million in 2011 • Concerns • Racial profiling • Pretextual arrests • Arrest of non-criminals (42% in 2011) • Lack of transparency

  20. SECURE COMMUNITIES

  21. ICE’S DRAGNET • As of August 2011, CAP and Secure Communities combined now cover 76% of all U.S. jails and prisons • 100% of 1,244 federal and state prisons • 64% (1,959 out of 3,047) of all local jails • Secure Communities will be nationwide by 2013

  22. DEPORTATIONS UNDER OBAMA • “It has been another record-breaking year at ICE” – DHS Secretary Janet Napolitano (2010) • Three year total: 1,179,602 people • FY 2011: 396,906 • 55% have a criminal record • 1,119 homicide convictions • 5,848 sex offenders • 44,653 drug crimes • 35,927 DUIs • And the other 309,359?

  23. INCREASING DEPORTATIONS

  24. FAMILY SEPARATION

  25. THE PRISON INDUSTRY PRIVATIZATION

  26. INCARCERATION IN THE U.S. • World’s largest prison system • 7.2 million people under corrections in 2009 • Federal and state corrections cost $68 billion each year • World’s highest incarceration rate • 1 in 106 white men • 1 in 36 Latino men • 1 in 15 Black men • Rapid expansion • 377% increase since 1980

  27. IMPRISONING IMMIGRANTS • Immigration detention • 2011 ICE average daily population: 33,330 • 85 percent increase in beds since 2005 • Prison • 71,644 convictions under 1325 & 1326 in 2011 • 250,000 non-citizen prisoners in 2009 • Fastest-growing segment of prison population • Latinos are 16% of population, 50% of federal prison inmates

  28. PRIVATE PRISON INDUSTRY • 1 in 12 state and federal inmates held in private facilities • $5 billion annual revenue • 784% increase in federal inmates in private facilities since 1999 • 49% of ICE beds administered by private corporations

  29. PRIVATE PRISON FIRMS • Corrections Corporation of America (CCA) • Annual revenue: $1.7 billion • 80,000 beds, 66 U.S. facilities in 19 states • 14,556 ICE beds in 14 facilities; non-citizen ADP: 6,199 • The GEO Group (GEO) • Annual revenue: $1.2 billion • 80,000 beds, 53 U.S. facilities in 17 states • 7,183 ICE beds in seven facilities; non-citizen ADP: 4,948 • Management and Training Corporation (MTC) • No public financial data • 26,000 beds, 20 U.S. facilities in 7 states • 4,172 ICE beds in two facilities; non-citizen ADP: 2,244

  30. THE PRISON INDUSTRY PROFITEERING

  31. PROFITEERING: IN THEIR OWN WORDS • “Those people coming across the border and getting caught are going to have to be detained and…there's going to be enhanced opportunities for what we do.” -- GEO Group President Wayne Calabrese (2010) • “The demand for our facilities and services could be adversely affected by the relaxation of enforcement efforts…any changes with respect to drugs and controlled substances or illegal immigration could affect the…demand for correctional facilities to house them.” -- CCA annual report (2009)

  32. LOBBYING • Hundreds of thousands spent annually • CCA far outspends competitors • At least $900,000 spent annually since 2003 • $3.38 million spent in 2005 • Relationships with lobbyists vital • AZ Governor Jan Brewer’s ties to CCA lobbyists • Campaign Manager, Chuck Coughlin • Deputy Chief of Staff, Paul Senseman

  33. CAMPAIGN CONTRIBUTIONS • Focus on state candidates • $835,514 to federal candidates in past decade • $6,092,331 to state candidates in past decade • Giving concentrated in states with large prison populations (Florida, California, Georgia, New Mexico) • Focus on election winners and incumbents • 75% to eventual election winners • 2010 was ten-year high • $2,223,941 given to state candidates

  34. AMERICAN LEGISLATIVEEXCHANGE COUNCIL • “The nation's largest, non-partisan, individual public-private membership association of state legislators.” • Membership • 2000 legislators • Over 200 corporate members • 2009 record • 826 bills introduced • 115 enacted • 14% success rate • 38 states passed at least 1 bill • Historical legislative implementation rate: 17%

  35. ALEC AND THE PRISON INDUSTRY • At least 1 dozen ALEC members do prison business • 1991: Partnered with NRA for “CrimeStrike” • 40 states passed truth-in-sentencing • 25 states passed three-strikes • 1990s • Prison construction boomed • Incarceration rate increased 60% • Prison population expanded by one-half million people • Private jailers made millions

  36. IMMIGRANTS FOR SALE

  37. CASE STUDY ARIZONA’S SB 1070

  38. SB 1070 • Prohibits sanctuary policies • Makes transporting and “harboring” undocumented people a misdemeanor • *Requires law enforcement to determine immigration status during lawful stop • *Requires non-citizens to carry I.D. • *Makes soliciting and performing work illegal for undocumented people • **Criminalizes day labor *Enjoined 7/28/10 **Enjoined 2/29/12

  39. SB 1070’S PATH TO LAW • Drafted by Kris Kobach (F.A.I.R.) • December 2009: Introduced to ALEC • Approved by Public Safety and Elections Task Force • “No Sanctuary Cities for Illegal Immigrants Act” • January 2010: Introduced in AZ legislature • April 23, 2010: SB 1070 signed into law • July 28, 2010: Injunction issued • July 29, 2010: Law partially implemented

  40. SB1070, ALEC, ANDTHE PRISON INDUSTRY • Public Safety and Elections Task Force • Pearce • CCA • National Rifle Association • National Bail/Bond Coalition • 36 AZ state legislators are ALEC members • 40% of state legislature • Co-sponsored by 36 legislators • 2/3 ALEC members • 30 received donations from the prison industry

  41. “COPYCAT” LEGISLATION • 24 states introduced similar bills • Laws passed in Utah, Indiana, South Carolina, Georgia and Alabama

  42. CONCLUSION MISERY, PROFIT, RESISTANCE

  43. IN CONCLUSION • Border militarization and mass deportation separate families, compel long-term resettlement • Criminalization and “enforcement through attrition” drive climate of fear in (im)migrant communities • Enforcement funnels people directly into the prison industrial complex

  44. IN CONCLUSION • Prison privatization creates perverse incentives for prison operators to intervene in the political process • The prison industry has become a powerfully entrenched lobby for criminalization and incarceration • The privatization of immigration detention has made the exploitation of (im)migrants more efficient and profitable

  45. IN RESISTANCE • National Prison Industry Divestment Campaign • http://prisondivestment.wordpress.com/ • Cuéntame • http://www.immigrantsforsale.org/ • Detention Watch Network • http://www.detentionwatchnetwork.org/ • Grassroots Leadership • http://www.grassrootsleadership.org/ • Critical Resistance • http://crwp.live.radicaldesigns.org/ • Fuerza Comunitaria Contra la Industria Carcelaria • http://fuerzatucson.wordpress.com/

  46. CRETE, IL

  47. LAS PAREDES VUELTASDE LADO SON PUENTES…

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