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The Making of a Criminal: Immigrants and the Prison-Industrial Complex

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Title: The Making of a Criminal: Immigrants and the Prison-Industrial Complex


1
The Making of a Criminal Immigrants and the
Prison-Industrial Complex
Karen Manges Douglas Sam Houston State
University Rogelio Saenz Texas AM University
2
The Criminalization of Immigrants The Perfect
Storm
  • Set in the context of a burgeoning US prison
    population AND,
  • The concurrent movement towards privatization of
    many government services
  • Post 9-11 Terrorism hysteria
  • Anti-immigrant sentiment

3
Prison Industrial Complex
  • Set of bureaucratic, political and economic
    interests that encourage increased spending on
    imprisonment regardless of actual need

4
Historical Legislative Contexts
  • 1986 Anti-Drug Abuse Act which established the
    bulk of drug-related mandatory minimums,
    including the five- and 10-year mandatory
    minimums for drug distribution or importation
  • 1986 Alien Criminal Apprehension Program which
    allocated more resources to locating aliens doing
    time in prisons jails in order to apprehend and
    deport them

5
  • 1986 Bureau of Prisons and INS began a joint
    effort to house criminal aliens whose criminal
    sentences had been completed in order to detain
    them
  • Increased refugees and aslyum seekers from
    Central America

6
  • 1996
  • Illegal Immigration Reform and Immigrant
    Responsibility Act (IIRIRA)
  • Antiterrorism and Effective Death Penalty Act
    (AEDPA)
  • Drastically expanded the categories of crimes for
    which immigrants could be subject to mandatory
    detention and deportation

7
  • 2006 - Bureau of Immigration and Customs
    Enforcement (BICE) changed policy of catch and
    release to catch and detain

8
Result
  • Tripling of the average daily detention rates
    from 1994 to 2001
  • 5,532 to 19,533
  • Doubling of detention rates from 1997 to 2007

9
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10
Move towards privatization
  • Begun in earnest during the 1980s
  • Continues to present
  • 1985 1,345 private prison beds
  • 1997 106,940
  • Of all states, Texas has the most private
    prisons the largest prison capacity and the
    highest number of actual prisoners held

11
  • Most of the privately managed facilities are in
    the South (74)
  • Private prisons are the fastest growing segment
    of the PIC
  • Most of the growth in prison construction in
    Texas is to house immigrants

12
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13
  • Hallinan (2001) Going Up The River Travels in a
    Prison Nation
  • The appearance of the prison millionaire marked
    a turning point in American penology. Never
    before had it been possible in this country to
    become rich incarcerating other people. Now it
    seems commonplace (p. 174).

14
  • Corrections Corporation of America (CCA)
  • Prison Privatization at its Best
  • http//www.correctionscorp.com/
  • Founded by
  • Tom Beasley, former chair of the Tennessee
    Republican Party
  • Doctor R. Grants, Nashville banker and financier
  • Don Hutton, former head of the American
    Correctional Association
  • High profile stock holders
  • Honey Alexander, wife of Tennessee Governor Lamar
    Alexander
  • Jeff Neff, Tennessee insurance commissioner
  • Ned McWherter, speaker of the Tennessee House of
    Representatives

15
CCA Board of Directors
16
GEO Group, Inc. Global Facility Locations
  • North America
  • Australia
  • South Africa
  • United Kingdom
  • Source http//www.thegeogroupinc.com/global.asp

17
Privatized Federal Immigrant Detention Centers
  • Aurora Contract Detention Center (Aurora, CO)
    GEO
  • Eloy Contract Detention Facility (Eloy, AZ) CCA
  • Houston Contract Detention Facility (Houston, TX)
    CCA
  • Laredo Contract Detention Center (Laredo, TX)
    CCA
  • Queens Contract Detention Facility (New York)
    Wackenhut
  • San Diego Contract Detention Center (San Diego,
    CA) CCA
  • T. Don Hutto Prison (Taylor, TX) CCA
  • Tacoma Contract Detention Facility (Tacoma, WA)
    CCA
  • Source http//www.bordc.org/threats/detention.php
  • Note These eight represent half of all federal
    immigrant detention centers in the country.

18
The Building of the Immigrant Detention Center
Machine
  • And once new detention centers are built, it is
    likely that the facilities will be open for
    business indefinitely, private prison opponents
    say. They might pitch new prisons as a way to
    solve some temporary need," says Libal, but
    once they build the prisons, they will always
    fill the beds, especially with private
    facilities." He points out that prison companies
    usually want to sign contracts with federal
    agencies that guarantee a minimum number of
    prisoners per month, legally binding the
    government to supply the bodies.
  • Source http//www.alternet.org/story/36282?page4

19
The Latest Winner KBR (A Halliburton Subsidiary)
  • Halliburton Subsidiary Gets Contract to Add
    Immigration Detention Centers
  • http//www.nytimes.com/2006/02/04/national/04halli
    burton.html?ex1296709200en01728da2eba059e4ei5
    088partnerrssn
  • 385 million no-bid contract to build to build
    detention centers for possible emergency influx
    of immigrants.

20
The T. Don Hutto Family Detention Center
Source http//subtopia.blogspot.com/2007/02/circu
s-of-detention.html
21
Hutto Family Detention Center in Taylor, Texas
(Photo by Jay Johnson-Castro)
  • Source http//latinalista.blogspot.com/2006/12/pr
    ivatized-immigrant-detention.html

22
  • Source http//www.foxnews.com/story/0,2933,253699
    ,00.html

23
Please Help Us
24
  • Tent City in Raymondville Texas
  • Largest Immigration Prison Camp in the United
    States
  • http//www.washingtonpost.com/wp-dyn/content/artic
    le/2007/02/01/AR2007020102238_3.html

25
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26
Construction in 24 Hours
27
The Criminalization of Immigrants
  • Explosion of noncitizens accused of federal
    immigration crimes in Texas
  • In 2005, the district tried 4,802 defendants
    accused of major immigration crimes, a 155
    percent increase over 2001 levels
  • The number of defendants charged with petty
    immigration offenses in southern Texas was up 260
    percent between 2001 and 2004.
  • Majority of immigrants were charged with illegal
    entry illegal re-entry

28
  • "When I first started practicing immigration law
    many years ago, the only people that were
    prosecuted for illegal entry were people who had
    entered before or people who were doing something
    else wrong when they were entering," says Barbara
    Hines, director of the immigration law clinic at
    the University of Texas Law School. "I think
    that's really changed -- the people who are being
    prosecuted now are coming for the first time,
    who have no other criminal record, and they are
    being prosecuted and serving jail time."
  • Sentences can range from probation to up to 20
    years if the individual has an "aggravated
    felony" on record.

29
  • District Attorneys in border communities decided
    to take more cases to end the "revolving door" of
    repeat immigration offenders
  • While an illegal entry charge usually carries no
    more than 30 days in jail, most noncitizens
    convicted of illegal re-entry receive between
    about four and eight years in jail if they have
    priors on their record, including immigration
    crimes
  • Immigration has recently surpassed drugs as the
    1 federally prosecuted crime

30
What is Role of Government in When It Farms Out
Its Basic Functions?
  • Privatized Areas
  • Military
  • Policing
  • Prisons
  • Welfare
  • Education
  • Highways
  • Natural Resources

31
Litany of Abuses of Detainees
  • ACLU Challenges Prison-Like Conditions at Hutto
    Detention Center
  • 2 Groups Compare Immigrant Detention Centers to
    Prisons
  • Allegations of Sexual Abuse at Krome Detention
    Center
  • Deplorable Immigrant Detention Conditions
    Detailed
  • Border Policy Success Strains Resources Tent
    City in Texas Among Immigrant Holding Sites
    Drawing Criticism
  • Civil Rights Groups Announce Cooperative Effort
    to Highlight Unconstitutionality of Immigration
    Detention
  • Detention Centers for Undocumented Immigrants
    Fail to Meet Health, Safety Standards, Report
    Finds
  • Families Say Detention Centers Feel Like Prison
  • Immigrant Youth Shelter Ordered Permanently
    Closed Center Still Being Investigated in
    Alleged Sex Abuse
  • Hell in Hutto
  • Privatized Immigrant Detention Facilities for
    Families Revealed to be Modern-Day Concentration
    Camps
  • Children Treated Like Criminals at Immigrant
    Detention Center
  • Immigrants Held in U.S. Often Kept in Squalor
  • NPR News Investigates Death of Jamaican Detainee
    in U.S. Detention Center Due to Substandard
    Medical Care
  • Charges of Abuse at Private Immigrant Prison
  • Lifting the Curtain Immigrant Detention Centers
    in U.S. Charged with Abuse
  • U.S. Justice Department Report Confirms 9-11
    Detainee Abuses

32
Anthony Elliot and Bryan TurnerIntroduction
towards the ontology of frailty andrights
  • Pseudo-stupidity
  • This is a way of both knowing and not-knowing, of
    suspecting but not seeking to check ones
    suspicions

33
Impact on Human Rights
  • Private contractors are engaged in social control
    functions which has fundamentally altered the
    traditional social control apparatus
  • General assumption that privatizing government
    functions will generate greater efficiency
  • Is efficiency as judged by corporate profits the
    major consideration for evaluating effective
    prisons
  • Interests of corporations is to increase
    occupancy rates and punishing persons for longer
    periods of time
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