San Francisco Chronicle

Senate bill tries to rehabilita­te jail conditions for immigrants

- By Ben Christophe­r

Trash-strewn cells, moldy showers, broken telephones, excessive use of solitary confinemen­t, and “slimy, foulsmelli­ng lunch meat.”

These are the conditions that detainees face inside a major immigratio­n jail in California, according to a report last month by federal inspectors who visited the Theo Lacy Facility, run by the Orange County Sheriff ’s Department.

For the past seven years, Immigratio­n and Customs Enforcemen­t has been renting bed space there. The Sheriff ’s Department collects $30 million annually for leasing out the highsecuri­ty real estate, and in exchange, ICE gets bunk space for roughly 480 of the more than 40,000 undocument­ed immigrants nationwide that the agency has been keeping behind bars on any given day.

The county disputes the critical

inspection report from the Homeland Security Department’s Office of Inspector General. Sheriff Sandra Hutchens said that although “some legitimate issues were identified ... and were quickly addressed,” many of the inspection’s findings were inaccurate.

Regardless, the news came at a bad time for defenders of the patchwork of county jails, city lockups and privately owned facilities across California that make up the state’s immigratio­n detention system.

For state Sen. Ricardo Lara, the report provided a welltimed “I told you so.” The Los Angeles County Democrat, whose immigratio­n detention reform bill was vetoed last year by Gov. Jerry Brown, is back again this session with SB29. It would set new rules for immigratio­n detention facilities and would ban local government­s from contractin­g with private prison companies to detain immigrants. On Tuesday it cleared the Senate Judiciary Committee.

While the state already regulates all detention facilities in California, Lara argues that the national standards articulate­d in every ICE detention contract are not being followed. His bill would not require the Board of State and Community Correction­s, the agency that regulates California prisons and jails, to conduct additional inspection­s or adopt new rules. Instead, the bill is intended to keep immigratio­n facilities in line by allowing current and former detainees and the state attorney general to sue any facilities that violate these standards.

But the bill also has detractors among law enforcemen­t agencies and many Republican­s, who believe that claims of mismanaged detention facilities are overblown. They also argue that the state shouldn’t interfere with local law enforcemen­t decisions, and that Lara’s bill could have harmful consequenc­es for local budgets — and even for the detainees themselves.

“Sacramento thinks it’s so smart and has to mandate things to everybody,” said GOP state Sen. John M.W. Moorlach, who represents Orange County and used to chair its Board of Supervisor­s. “I don’t think that’s good policy in this case, and I think being uncooperat­ive with a federal agency is arrogance at its highest.”

The ultimate fate of Lara’s bill may rest again with the governor. When he vetoed last year’s measure, Jerry Brown wrote that although he was troubled by reports of conditions at privately run facilities, he wanted to wait for a “more permanent solution” from the federal government.

Although the U.S. immigratio­n detention program is the largest single incarcerat­ion system in the country, its facilities are often leased. Of the 10 long-term immigratio­n jails in California, none is federally owned. Five are county jails, one is a city facility, and the remaining four are owned and operated by for-profit companies.

Using data from public records requests and publicly available documents, interviews and site visits, the immigratio­n rights group Community Initiative­s for Visiting Immigrants in Confinemen­t estimates that privately run jails make up 75 percent of all the bed space across California’s long-term immigratio­n detention system. Some of those incarcerat­ed have criminal records, but immigratio­n violations themselves are civil rather than criminal matters — and so detainees in immigratio­n court are not entitled to court-appointed legal counsel.

Awaiting their hearings or deportatio­n, detainees may spend months in custody. With President Trump making aggressive immigratio­n enforcemen­t a cornerston­e of his presidency, ICE will probably need all the beds it can get.

Since his election, the stock prices of GEO Group and CoreCivic, the country’s two largest private prison and immigratio­n jail operators, have increased by 87 percent and 125 percent, respective­ly.

“If there’s going to be a spike in detention in a relatively short period of time, recent history shows that the only way the government can actually detain those people is if private prisons provide the beds,” said Anita Sinha, an assistant professor of immigratio­n and civil rights law at American University.

 ?? Robyn Beck / AFP / Getty Images ?? A sheriff's deputy speaks to an immigrant detainee at Orange County’s Theo Lacy Facility, which got a poor inspection report.
Robyn Beck / AFP / Getty Images A sheriff's deputy speaks to an immigrant detainee at Orange County’s Theo Lacy Facility, which got a poor inspection report.

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