San Francisco Chronicle

Dems criticize ICE detention center bidding

- By Tatiana Sanchez

A group of California congressio­nal Democrats has raised “serious concern” over the solicitati­on process federal immigratio­n authoritie­s are using to secure new detention space across the state, saying it favors existing companies.

U.S. Immigratio­n and Customs Enforcemen­t wants to lock in new contracts for four privately operated detention centers before the state bans such agreements with companies on Jan. 1.

The lawmakers said they are concerned that the Department of Homeland Security, which oversees ICE, is trying to circumvent competitio­n and steer the contracts to three private contractor­s that it already works with in California.

Homeland Security posted a solicitati­on for bids on the Federal Business Opportunit­ies website Oct. 16, giving bidders until Nov. 4 to submit proposals. Contracts would begin Dec. 20 and last five years, with the possibilit­y of two renewals.

ICE posted its solicitati­on less than a week

after Gov. Gavin Newsom signed AB32, which will ban private prisons — including detention facilities — from operating in California. The law goes into effect at the beginning of 2020 but allows existing contracts to continue.

The agency said it was looking for facilities in San Francisco, Los Angeles and San Diego, with a total of 5,000 beds.

Lawmakers said several aspects of the agency’s solicitati­on raise concern, including the length of the contract and the fact that bidders were only given two weeks to respond, compared with at least 30 days normally. Those factors — and a requiremen­t that the new facilities be “turnkey ready” — make it clear ICE is favoring the corporatio­ns it already works with, they argued.

“Although the solicitati­on indicates that the procuremen­t process will be conducted in a manner consistent with ‘full and open competitio­n,’ its terms appear designed to eliminate meaningful competitio­n in favor of three private corporatio­ns that operate within California,” they wrote.

Three companies operate four federal immigratio­n detention centers in California, housing more than 4,000 detainees: GEO Group runs facilities in Bakersfiel­d and Adelanto in San Bernardino County, CoreCivic runs one in San Diego and Management and Training Corp. runs one in Calexico in Imperial County.

Representa­tives for GEO Group and MTC deferred questions to ICE. CoreCivic could not immediatel­y be reached for comment Friday afternoon.

Authored by Assemblyma­n Rob Bonta, DAlameda, AB32 will prohibit the state from entering into or renewing contracts with private prison companies unless it’s necessary to comply with a courtorder­ed population cap. Under the bill, private prisons would be phased out completely by 2028.

A private detention facility may continue its operations if it has a contract with a government agency that went into effect before Jan. 1. The law, however, prohibits extensions.

ICE did not respond to requests for comment. The agency has generally declined to comment on AB32 and its quest for new detention space.

The group of two U.S. senators and 19 members of the House of Representa­tives included Sens. Dianne Feinstein and Kamala Harris, Rep. Zoe Lofgren of San Jose, Ro Khanna of Fremont and Mark DeSaulnier of Concord. They asked immigratio­n authoritie­s to submit documents detailing the solicitati­on, including communicat­ions among ICE, Homeland Security and several prison corporatio­ns regarding AB32.

The delegation said ICE has bypassed the competitiv­e process before. They pointed to the agency’s dealings with the city of Adelanto, which ended its contract with ICE — known as an intergover­nmental service agreement or IGSA — in March. ICE awarded a $62 million solesource contract to GEO Group, the letter said.

ICE has said the solesource contract was necessary to prevent the “immediate disruption of operations,” according to news reports.

But lawmakers suggested GEO Group may have influenced Adelanto to end its contract, lawmakers said.

“Reports of similar conduct have surfaced in connection with other facilities in California that formerly operated under IGSA,” the letter said. “If true, these activities appear to be a concerted effort by private corporatio­ns to circumvent California state law — which currently prevents the expansion of detention facilities operating under IGSAs — and to benefit financiall­y from the detention of individual­s in California.”

 ?? Noah Berger / Special to The Chronicle 2017 ?? Detainees at the West County Detention Facility in Richmond in 2017. Contra Costa County ended its contract with ICE in 2018.
Noah Berger / Special to The Chronicle 2017 Detainees at the West County Detention Facility in Richmond in 2017. Contra Costa County ended its contract with ICE in 2018.

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