Last year people held at at a private immigration detention facility in Aurora, Colorado filed suit against the owner, The GEO Group, claiming that the company required them to work in the facility “Volunteer Work Program” and threatened solitary confinement to those who refused. The GEO Group receives contracts from the federal government to construct, manage, and/or provide other services related to the incarceration of people in federal prisons and immigrant detention facilities. Approximately 70% of migrant detainees are held in private run or owned facilities. Two companies, the GEO Group and CoreCivic, receive the lion's share of these contracts - in 2015 housing nearly 80% of those detained in private facilities.
Under Federal Law, people held in immigrant detention may work to help maintain the facility and earn a small remuneration. The current rate was set in 1978 at a maximum of $1.00 a day (the Federal minimum wage in 1978 was $2.60 an hour). At the time, the daily average number of migrants held in detention was less than 4,000 people and none were housed in private facilities (CoreCivic - then known as the Corrections Corporation of America - received the first contract for a private detention facility in 1983, the Houston Processing Center). Times have changed, but not the pay rate.
The GEO Corp, CoreCivic and other private companies use detainee labor to keep facilities clean, do maintenance and provide other services. By using detainee labor at the 1978 pay rate, the companies pad their profit margin significantly. GEO Group spokesman Pablo Paez told Daily Beast, “the volunteer work program at immigration facilities as well as the wage rates and standards associated with the program are set by the Federal government.” The company argues, they are not required to pay more - indeed Federal contracts only reimburse work done through the Voluntary Work Program at the $1.00 a day rate; if they pay more they lose money. If they have to bring in cleaning services, paying at least the federal minimum wage, they would lose significantly more. That a maximum daily wage of $1.00, paid to people held behind bars who were threatened into “volunteering,” is basically slave labor is beside the point - shareholders come first.
In the current environment nothing is more surprising than members of Congress defending forced labor in the name of corporate profit (pitched as tax savings). On March 7th of this year, eighteen Republican members of Congress wrote to the offices of the Attorney General and Secretaries of the Department of Labor and Immigrant and Custom Enforcement encouraging them to submit amicus briefs in defense of The GEO Group and other private prison companies. The letter is illuminating concerning the values animating federal immigration enforcement:
It would provide an unnecessary windfall to the detainees, and drain the federal government of limited taxpayer resources, to require contractors to pay these detainees anywhere between 800% - 1500% above what is currently required by law. These costs will simply be passed on to the taxpayers either through a required higher rate of contractual reimbursement or through increased detention costs generally.
It is worth parsing this section. “800%-1,500%” more than current law, means remuneration of $8 to $15 dollars A DAY. One wonders how a company cannot afford such wages, or the Federal government for that matter, to keep a facility clean!?!? Arguing that people in detention - who, it bears repeating, are in most cases simply waiting decisions on their status - would see one dollar an hour as a “windfall,” indeed such a windfall that they would want to stay in detention, is absurd.
If Federal immigrant enforcement measures are draining “limited taxpayer resources,” it is because the Federal government has chosen to adopt draconian measures that are unnecessary, and in some cases illegal, in order to expand detention to the current rate of 41,000 people a night, at a cost of $134 a day per detainee. This detention budget came to $2.6 billion in 2017, a large portion paid out to private companies. Trump wants the capacity expanded to 50,000 a night - a 25% increase. The GEO Group and CoreCivic gave Trump’s inauguration committee $250,000 each. The return on this investment promises to be huge.
In April of 2017, The GEO Group posted in BusinessWire:
GEO expects to design, finance, build, and operate the company-owned Facility [in Conroe, Texas] under a ten-year contract with ICE, inclusive of renewal option periods. The 1,000-bed Facility is scheduled for completion in the fourth quarter of 2018 and is expected to generate approximately $44 million in annualized revenues and returns on investment consistent with GEO’s company-owned facilities.
The press release went on to add: “We are very appreciative of the continued confidence placed in our company by U.S. Immigration and Customs Enforcement,” said George C. Zoley, GEO’s Chairman and CEO.
Very appreciative indeed. Trading in the lives of human beings makes these companies a lot of money. And with members of Congress trying to shield them from having to actually pay some of the people who labor in these facilities, profits are booming.