For those that remain, DHS must require facilities to take immediate corrective action and engage in serious oversight of these for-profit prison operators who are prioritizing their cash coffers over meeting basic health and safety standards.
Require immigration detention facilities that remain open to take immediate corrective action and subject for-profit prison operators to serious oversight.
Occurrences
Evidence
AP reported that a GAO review found ICE rushed Camp East Montana open before construction was complete, failed required oversight of sanitary conditions and medical care, and DHS said ICE had replaced the contractor.
Congress.gov lists H.R.536 as introduced, with latest action referral to the Immigration and Citizenship Subcommittee. CRS summarized that it would bar DHS from contracting with public or private for-profit entities to own or operate immigration detention facilities and add detention protections.
The Congress.gov cosponsor page lists Rep. Pramila Jayapal [D-WA-7] as an original cosponsor of H.R.536 on January 28, 2021.
Congress.gov lists H.R.5383 as introduced, with latest action referral to the Immigration and Citizenship Subcommittee. CRS summarized that DHS would be barred from entering or extending contracts with for-profit entities to own or operate detention facilities for aliens in DHS custody.
Jayapal's office states that, as Ranking Member of the Immigration Subcommittee, she held shadow hearings, planned continued oversight at ICE facilities and detention centers, and would introduce legislation protecting immigrants' dignity and safety.
The White House order revoked Executive Order 14006, which had directed DOJ not to renew privately operated criminal detention facility contracts.
Assessments
Jayapal materially advanced the promise through immigration-detention oversight activity and by backing New Way Forward Act provisions that would restrict for-profit immigration detention contracting and add detention protections. But the relevant bills did not pass, and the evidence shows no enacted federal corrective-action and serious-oversight regime for still-open immigration detention facilities or for-profit operators. Later watchdog action and contractor replacement at one ICE facility supports limited oversight impact, not fulfillment of the promised systemwide requirement.