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

Industrial ComplexIndustrial ComplexKaren Manges DouglasKaren Manges Douglas

Sam Houston State UniversitySam Houston State University

Rogelio SaenzRogelio SaenzTexas A&M UniversityTexas A&M University

The Criminalization of Immigrants: The Criminalization of Immigrants: The Perfect StormThe Perfect Storm

Set in the context of a burgeoning US Set in the context of a burgeoning US prison population; AND,prison population; AND,

The concurrent movement towards The concurrent movement towards privatization of many government servicesprivatization of many government services

Post 9-11 Terrorism hysteriaPost 9-11 Terrorism hysteria Anti-immigrant sentimentAnti-immigrant sentiment

Prison Industrial ComplexPrison Industrial Complex

Set of bureaucratic, political and economic Set of bureaucratic, political and economic interests that encourage increased interests that encourage increased spending on imprisonment regardless of spending on imprisonment regardless of actual needactual need

Historical & Legislative ContextsHistorical & Legislative Contexts

1986 Anti-Drug Abuse Act which established the 1986 Anti-Drug Abuse Act which established the bulk of drug-related mandatory minimums, bulk of drug-related mandatory minimums, including the five- and 10-year mandatory including the five- and 10-year mandatory minimums for drug distribution or importation minimums for drug distribution or importation

1986 Alien Criminal Apprehension Program 1986 Alien Criminal Apprehension Program which allocated more resources to locating which allocated more resources to locating aliens doing time in prisons & jails in order to aliens doing time in prisons & jails in order to apprehend and deport themapprehend and deport them

1986 – Bureau of Prisons and INS began 1986 – Bureau of Prisons and INS began a joint effort to house “criminal aliens” a joint effort to house “criminal aliens” whose criminal sentences had been whose criminal sentences had been completed in order to detain themcompleted in order to detain them

Increased refugees and aslyum seekers Increased refugees and aslyum seekers from Central Americafrom Central America

19961996 Illegal Immigration Reform and Immigrant Illegal Immigration Reform and Immigrant

Responsibility Act (IIRIRA)Responsibility Act (IIRIRA) Antiterrorism and Effective Death Penalty Act Antiterrorism and Effective Death Penalty Act

(AEDPA)(AEDPA)• Drastically expanded the categories of crimes for Drastically expanded the categories of crimes for

which immigrants could be subject to mandatory which immigrants could be subject to mandatory detention and deportationdetention and deportation

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

ResultResult

Tripling of the average daily detention Tripling of the average daily detention rates from 1994 to 2001rates from 1994 to 2001 5,532 to 19,5335,532 to 19,533

Doubling of detention rates from 1997 to Doubling of detention rates from 1997 to 20072007

Move towards privatizationMove towards privatization

Begun in earnest during the 1980sBegun in earnest during the 1980s Continues to presentContinues to present

1985 – 1,345 private prison beds1985 – 1,345 private prison beds 1997 – 106,940 1997 – 106,940

Of all states, Texas has the most private Of all states, Texas has the most private prisons; the largest prison capacity; and prisons; the largest prison capacity; and the highest number of actual prisoners the highest number of actual prisoners held held

Most of the privately managed facilities are Most of the privately managed facilities are in the South (74%)in the South (74%)

Private prisons are the fastest growing Private prisons are the fastest growing segment of the PICsegment of the PIC

Most of the growth in prison construction Most of the growth in prison construction in Texas is to house immigrantsin Texas is to house immigrants

Hallinan (2001) Going Up The River: Travels in a Hallinan (2001) Going Up The River: Travels in a Prison NationPrison Nation

““The appearance of the prison millionaire The appearance of the prison millionaire marked a turning point in American penology. marked a turning point in American penology. Never before had it been possible in this Never before had it been possible in this country to become rich incarcerating other country to become rich incarcerating other people. Now it seems commonplace (p. 174).people. Now it seems commonplace (p. 174).

Corrections Corporation of America (CCA)Corrections Corporation of America (CCA)““Prison Privatization at its Best”Prison Privatization at its Best”

http://www.correctionscorp.com/http://www.correctionscorp.com/

Founded by Founded by Tom Beasley, former chair of the Tennessee Republican PartyTom Beasley, former chair of the Tennessee Republican Party Doctor R. Grants, Nashville banker and financierDoctor R. Grants, Nashville banker and financier Don Hutton, former head of the American Correctional Don Hutton, former head of the American Correctional

AssociationAssociation High profile stock holdersHigh profile stock holders

Honey Alexander, wife of Tennessee Governor Lamar AlexanderHoney Alexander, wife of Tennessee Governor Lamar Alexander Jeff Neff, Tennessee insurance commissionerJeff Neff, Tennessee insurance commissioner Ned McWherter, speaker of the Tennessee House of Ned McWherter, speaker of the Tennessee House of

RepresentativesRepresentatives

CCA Board of Directors CCA Board of Directors

GEO Group, Inc. Global Facility GEO Group, Inc. Global Facility LocationsLocations

North AmericaNorth America AustraliaAustralia South AfricaSouth Africa United KingdomUnited Kingdom

Source: Source: http://www.thegeogroupinc.com/global.asphttp://www.thegeogroupinc.com/global.asp

Privatized Federal Immigrant Privatized Federal Immigrant Detention CentersDetention Centers

Aurora Contract Detention Center (Aurora, CO) [GEO]Aurora Contract Detention Center (Aurora, CO) [GEO] Eloy Contract Detention Facility (Eloy, AZ) [CCA]Eloy Contract Detention Facility (Eloy, AZ) [CCA] Houston Contract Detention Facility (Houston, TX) [CCA]Houston Contract Detention Facility (Houston, TX) [CCA] Laredo Contract Detention Center (Laredo, TX) [CCA]Laredo Contract Detention Center (Laredo, TX) [CCA] Queens Contract Detention Facility (New York) [Wackenhut]Queens Contract Detention Facility (New York) [Wackenhut] San Diego Contract Detention Center (San Diego, CA) [CCA]San Diego Contract Detention Center (San Diego, CA) [CCA] T. Don Hutto Prison (Taylor, TX) [CCA]T. Don Hutto Prison (Taylor, TX) [CCA] Tacoma Contract Detention Facility (Tacoma, WA) [CCA]Tacoma Contract Detention Facility (Tacoma, WA) [CCA]

Source: http://www.bordc.org/threats/detention.phpSource: http://www.bordc.org/threats/detention.php

Note: These eight represent half of all federal immigrant detention Note: These eight represent half of all federal immigrant detention centers in the country.centers in the country.

The Building of the Immigrant The Building of the Immigrant Detention Center MachineDetention Center Machine

““And once new detention centers are built, it is And once new detention centers are built, it is likely that the facilities will be open for business likely that the facilities will be open for business indefinitely, private prison opponents say. “’They indefinitely, private prison opponents say. “’They might pitch [new prisons] as a way to solve some might pitch [new prisons] as a way to solve some temporary need,’" says Libal, “’but once they build temporary need,’" says Libal, “’but once they build the prisons, they will always fill the beds, the prisons, they will always fill the beds, especially with private facilities.’" He points out especially with private facilities.’" He points out that prison companies usually want to sign that prison companies usually want to sign contracts with federal agencies that guarantee a contracts with federal agencies that guarantee a minimum number of prisoners per month, legally minimum number of prisoners per month, legally binding the government to supply the bodies.”binding the government to supply the bodies.”

Source: http://www.alternet.org/story/36282?page=4Source: http://www.alternet.org/story/36282?page=4

The Latest Winner: KBR (A The Latest Winner: KBR (A Halliburton Subsidiary)Halliburton Subsidiary)

““Halliburton Subsidiary Gets Contract to Halliburton Subsidiary Gets Contract to Add Immigration Detention Centers”Add Immigration Detention Centers”

http://www.nytimes.com/2006/02/04/http://www.nytimes.com/2006/02/04/national/04halliburton.html?national/04halliburton.html?ex=1296709200&en=01728da2eba059e4ex=1296709200&en=01728da2eba059e4&ei=5088&partner=rssn&ei=5088&partner=rssn

$385 million no-bid contract to build to $385 million no-bid contract to build to build detention centers for possible build detention centers for possible emergency influx of immigrants.emergency influx of immigrants.

The T. Don Hutto Family Detention CenterThe T. Don Hutto Family Detention Center

Source: http://subtopia.blogspot.com/2007/02/circus-of-detention.html

Hutto Family Detention Center in Taylor, Hutto Family Detention Center in Taylor, Texas (Photo by Jay Johnson-Castro)Texas (Photo by Jay Johnson-Castro)

Source:Source: http://latinalista.blogspot.com/2006/12/privatized-immigrant-detention.htmlhttp://latinalista.blogspot.com/2006/12/privatized-immigrant-detention.html

Source: http://www.foxnews.com/story/0,2933,253699,00.htmlSource: http://www.foxnews.com/story/0,2933,253699,00.html

““Please Help Us”Please Help Us”

Tent City in Raymondville Texas:Tent City in Raymondville Texas:

Largest Immigration Prison Camp in the Largest Immigration Prison Camp in the United StatesUnited States

http://www.washingtonpost.com/wp-dyn/content/article/2007/02/01/AR2007020102238_3.htmlhttp://www.washingtonpost.com/wp-dyn/content/article/2007/02/01/AR2007020102238_3.html

Construction in 24 HoursConstruction in 24 Hours

The Criminalization of ImmigrantsThe Criminalization of Immigrants

Explosion of noncitizens accused of federal Explosion of noncitizens accused of federal immigration crimes in Texasimmigration crimes in Texas

In 2005, the district tried 4,802 defendants In 2005, the district tried 4,802 defendants accused of major immigration crimes, a 155 accused of major immigration crimes, a 155 percent increase over 2001 levelspercent increase over 2001 levels

The number of defendants charged with petty The number of defendants charged with petty immigration offenses in southern Texas was up immigration offenses in southern Texas was up 260 percent between 2001 and 2004. 260 percent between 2001 and 2004.

Majority of immigrants were charged with illegal Majority of immigrants were charged with illegal entry illegal re-entryentry illegal re-entry

"When I first started practicing immigration law many "When I first started practicing immigration law many years ago, the only people that were prosecuted for years ago, the only people that were prosecuted for illegal entry were people who had entered before or illegal entry were people who had entered before or people who were doing something else wrong when they people who were doing something else wrong when they were entering," says Barbara Hines, director of the were entering," says Barbara Hines, director of the immigration law clinic at the University of Texas Law immigration law clinic at the University of Texas Law School. "I think that's really changed -- the people who School. "I think that's really changed -- the people who are being prosecuted [now] are coming for the first time, are being prosecuted [now] are coming for the first time, who have no other criminal record, and they are being who have no other criminal record, and they are being prosecuted and serving jail time." prosecuted and serving jail time."

Sentences can range from probation to up to 20 years if Sentences can range from probation to up to 20 years if the individual has an "aggravated felony" on record. the individual has an "aggravated felony" on record.

District Attorneys in border communities decided District Attorneys in border communities decided to take more cases to end the "revolving door" of to take more cases to end the "revolving door" of repeat immigration offenders repeat immigration offenders

While an illegal entry charge usually carries no While an illegal entry charge usually carries no more than 30 days in jail, most noncitizens more than 30 days in jail, most noncitizens convicted of illegal re-entry receive between convicted of illegal re-entry receive between about four and eight years in jail if they have about four and eight years in jail if they have priors on their record, including immigration priors on their record, including immigration crimescrimes

Immigration has recently surpassed drugs as the Immigration has recently surpassed drugs as the #1 federally prosecuted crime #1 federally prosecuted crime

What is Role of Government in When It What is Role of Government in When It Farms Out Its Basic Functions?Farms Out Its Basic Functions?

Privatized AreasPrivatized Areas MilitaryMilitary PolicingPolicing PrisonsPrisons WelfareWelfare EducationEducation HighwaysHighways Natural ResourcesNatural Resources

Litany of Abuses of DetaineesLitany of Abuses of Detainees ““ACLU Challenges Prison-Like Conditions at Hutto Detention Center”ACLU Challenges Prison-Like Conditions at Hutto Detention Center” ““2 Groups Compare Immigrant Detention Centers to Prisons”2 Groups Compare Immigrant Detention Centers to Prisons” ““Allegations of Sexual Abuse at Krome Detention Center”Allegations of Sexual Abuse at Krome Detention Center” ““Deplorable Immigrant Detention Conditions Detailed”Deplorable Immigrant Detention Conditions Detailed” ““Border Policy Success Strains Resources: Tent City in Texas Among Immigrant Holding Sites Border Policy Success Strains Resources: Tent City in Texas Among Immigrant Holding Sites

Drawing Criticism”Drawing Criticism” ““Civil Rights Groups Announce Cooperative Effort to Highlight Unconstitutionality of Immigration Civil Rights Groups Announce Cooperative Effort to Highlight Unconstitutionality of Immigration

Detention”Detention” ““Detention Centers for Undocumented Immigrants Fail to Meet Health, Safety Standards, Report Detention Centers for Undocumented Immigrants Fail to Meet Health, Safety Standards, Report

Finds”Finds” ““Families Say Detention Centers Feel Like Prison”Families Say Detention Centers Feel Like Prison” ““Immigrant Youth Shelter Ordered Permanently Closed: Center Still Being Investigated in Alleged Immigrant Youth Shelter Ordered Permanently Closed: Center Still Being Investigated in Alleged

Sex Abuse”Sex Abuse” ““Hell in Hutto”Hell in Hutto” ““Privatized Immigrant Detention Facilities for Families Revealed to be Modern-Day Concentration Privatized Immigrant Detention Facilities for Families Revealed to be Modern-Day Concentration

Camps”Camps” ““Children Treated Like Criminals at Immigrant Detention Center”Children Treated Like Criminals at Immigrant Detention Center” ““Immigrants Held in U.S. Often Kept in Squalor”Immigrants Held in U.S. Often Kept in Squalor” ““NPR News Investigates Death of Jamaican Detainee in U.S. Detention Center Due to NPR News Investigates Death of Jamaican Detainee in U.S. Detention Center Due to

Substandard Medical Care”Substandard Medical Care” ““Charges of Abuse at Private Immigrant Prison”Charges of Abuse at Private Immigrant Prison” ““Lifting the Curtain: Immigrant Detention Centers in U.S. Charged with Abuse”Lifting the Curtain: Immigrant Detention Centers in U.S. Charged with Abuse” ““U.S.: Justice Department Report Confirms 9-11 Detainee Abuses”U.S.: Justice Department Report Confirms 9-11 Detainee Abuses”

Anthony Elliot and Bryan TurnerAnthony Elliot and Bryan TurnerIntroduction: towards the ontology of frailty and

rights

Pseudo-stupidity

This is a way of both knowing and not-knowing, of suspecting but not seeking to check one’s suspicions

Impact on Human RightsImpact on Human Rights

Private contractors are engaged in social control Private contractors are engaged in social control functions which has fundamentally altered the functions which has fundamentally altered the traditional social control apparatustraditional social control apparatus

General assumption that privatizing government General assumption that privatizing government functions will generate greater efficiencyfunctions will generate greater efficiency Is efficiency as judged by corporate profits the major Is efficiency as judged by corporate profits the major

consideration for evaluating effective prisonsconsideration for evaluating effective prisons Interests of corporations is to increase occupancy Interests of corporations is to increase occupancy

rates and punishing persons for longer periods of timerates and punishing persons for longer periods of time