California Gov. Gavin Newsom has signed into law a first-in-the-nation piece of legislation that’s being celebrated by immigrant rights advocates as a huge step in holding private prison profiteers, including companies that jail thousands of immigrants for Immigration and Customs Enforcement (ICE), more directly accountable for abuses on their watch. “Assembly Bill 3228 allows people to sue private detention facility operators for failing to comply with the standards of care outlined in the facility’s contract,” the Los Angeles Times reports.
While detained and formerly detained people and their families have launched countless lawsuits against the federal government over abuses committed against them while in immigration custody, it’s more difficult to do the same when it comes to private prison profiteers, which “operate under a subpar inspection and compliance scheme,” Human Rights Watch said in supporting Democratic Assembly member Rob Bonta’s legislation.
“Immigrant detainees currently can sue the federal government for damages over civil rights abuses under the Federal Tort Claims Act, which does not apply to private prison companies, said Eunice Cho, an attorney with the National Prison Project at the American Civil Liberties Union,” the LA Times continued. Immigrant Defense Advocates (IDA), one of the voices key in developing and passing AB 3228, notes this is incredibly consequential when trying to get private prisons to follow even minimum standards in a state like California.
“California is home to five civil detention facilities used to detain immigrants. As it stands the total number of individuals detained in this state is set to expand to 7,200 this year,” the organization said. “Four out of five of these facilities are operated by private for-profit corporations, holding an estimated 90% of the detained population. These facilities lack transparency, accountability and a system to enforce uniform detention standards.”
In 2018, investigators uncovered “serious violations” during an unannounced visit to GEO Group’s prison in Adelanto, including nooses hanging in most of the cells inspected. “According to the guard escorting us, the nooses are a daily issue and very widespread,” investigators said. “When we asked two contract guards who oversaw the housing units why they did not remove the bed sheets, they echoed it was not a high priority.”
California last year passed a bill that would ban any new for-profit prisons, including those that jail immigrants for ICE, from being built in the state. But in further proof of how this untrustworthy agency deserves to be stripped of funding, ICE rushed into signing new contracts two weeks before the law was set to kick in. Fearing a Joe Biden victory—the vice president seeks to “end the federal government’s use of private prisons,” his platform states—the slick bastards have also extended private contracts in other states.
Any and all mechanisms are needed until private prisons can be done away with completely. “As long as for-profit jails exist, corporations MUST BE held accountable for continuously mistreating our communities,” tweeted Deportation Defense & Legal Advocacy Program of Dolores Street Community Services. Jackie Gonzalez, policy director for IDA, said “[t]he first COVID-19 death, which was wholly avoidable, happened here in California with Carlos Escobar-Mejia … That is why this bill is so important … Now is the time to say goodbye to this industry."