COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES
We should not be surprised. U.S.-headquartered multinational
private prisons companies have been exporting their failed practices
for decades. The world’s first private prison company CoreCivic/
CCA formed in 1983, followed by GEO Group in 1984. This is when
immigration detention began its rapid expansion.17 The first government
contracts for both companies were for immigration detention facilities in
the United States.
In August, a federal judge halted the expansion of two new private
immigration detention facilities in California. 22 Freedom for Immigrants
and the Immigrant Legal Resource Center brought this novel legal
challenge under a 2017 California state law called the Dignity Not
Detention Act. The Dignity Not Detention Act is the first law in the
country to outlaw private immigration detention contracting. Now other
states such as Washington and Maryland are following California’s lead.
These publicly-traded companies then began to pursue other Englishspeaking countries. For example, after European member states signed
the Schengen agreement in 1990 to abolish border controls between
member states, private prison companies began lobbying member
states to secure the external borders by detaining immigrants.18 In
the United Kingdom—the first European country to have outsourced
detention to private companies19 —a U.S. citizen died at a GEO-run
immigration detention facility in 2011 due to medical neglect. 20
Even inside U.S. immigration detention, people are organizing against
the system. Freedom for Immigrants has tracked over 100 protests,
sign-on letters, and hunger strikes led by people inside since the start of
the pandemic. 23 For example, people at the privately-run Irwin County
Detention Center in Georgia organized a labor strike. They refused to
work in the laundry room, kitchen, and commissary to protest transfers,
lack of PPE, and continued detention. 24
Likewise, Australia’s first private prison was operated by Corrections
Corporation of Australia, an international venture of the U.S.-based
CCA/CoreCivic. South Africa’s and New Zealand’s first private prisons
were operated by GEO Group.
The “success” of these publicly-traded, U.S.-based multinational prison
corporations have inspired the founding of others, such as Management
& Training Corporation, LaSalle Corrections, G4S, Mitie, Serco, Tascor,
GEPSA, Emerald Correctional Management, and Community Education
Centers. Despite thousands of lawsuits against private prisons
worldwide—ranging from sexual battery to medical neglect to wrongful
death—private immigration detention continues to expand.
A WORLD WITHOUT DETENTION
IS WITHIN REACH
But this might soon be changing. While the pandemic is ravaging our
communities, it also is exposing how immigration detention is not a safe
or reasonable response to migration. Even GEO Group’s shareholders
are starting to question the company’s efficacy. In July 2020,
shareholders brought a securities class action lawsuit against GEO,
alleging that the company misled investors about the effectiveness of
its COVID-19 response and subjected people to significant health risks. 21
It should be clear by now that immigration detention is an archaic
institution that only benefits the companies profiting off of this failed
experiment. As the pandemic continues to reach inside immigration
detention and across borders so too should our moral outrage.
Multi-national prison corporations do not want immigrant rights
advocates working in international solidarity with one another. Our work
together threatens their stability and growth.
We cannot and should not stand for this. Moreover, we have an
opportunity to do something about it. International law has enshrined
the right to community visitation in immigration detention, 25 and we can
enforce this right.
Community volunteers who visit people in immigration detention with
groups such as Freedom for Immigrants have the power to consistently
expose abuses rampant in immigration detention systems worldwide.
It is time for advocates to work across borders so that we can build
a world where no person is imprisoned for crossing one.
CHRISTINA FIALHO
Co-founder/Executive Director, Freedom for Immigrants
17 Freedom for Immigrants. “Map, subsection on History of Immigration Detention,” available at https://www.freedomforimmigrants.org/map. See also Freedom for
Immigrants. “Detention Timeline,” available at https://www.freedomforimmigrants.org/detention-timeline.
18 See Transnational Institute. “Expanding the Fortress,” May 2018, available at https://reliefweb.int/sites/reliefweb.int/files/resources/expanding_the_fortress_-_1.6_
may_11.pdf. See also
19 The Sentencing Project, “International Growth Trends in Prison Privatization, August 2013, available at https://sentencingproject.org/wp-content/uploads/2015/12/
International-Growth-Trends-in-Prison-Privatization.pdf.
20 The Guardian. “Inquest blasts immigration centre’s ‘shambolic’ records in US man’s death.” June 2014, available at https://www.theguardian.com/uk-news/2014/
jun/27/inquest-immigration-centre-shambolic-us-tourist-death.
21 https://www.dandodiary.com/2020/07/articles/coronavirus/private-prison-firm-hit-with-covid-19-outbreak-related-securities-suit/
22 https://www.bakersfield.com/news/federal-judge-finds-serious-questions-over-mcfarlands-conduct-in-granting-permits-to-expand-immigrant-detention/
article_8c7fac7a-dc36-11ea-bea4-cff085cc5abe.html
23 Freedom for Immigrants. “Map, subsection on COVID-19 Reporting,” available at https://www.freedomforimmigrants.org/map.
24 Wessler, Seth Freed. “Fear, Illness, and Death in ICE Detention.” New York Times, July 10, 2020, available at https://www.nytimes.com/2020/06/04/magazine/
covid-ice.html.
25 Fialho, Christina. “Let Us In: An Argument for the Right to Visitation,” in Immigration Detention, Risk, and Human Rights (Springer, 2016).
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