The Mercury News

Biden to DOJ: End the use of private prisons

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President Joe Biden on Tuesday ordered the Department of Justice to end its reliance on private prisons and acknowledg­e the central role government has played in implementi­ng discrimina­tory housing policies.

In remarks before signing the orders, Biden said the U.S. government needs to change “its whole approach” on the issue of racial equity. He added that the nation is less prosperous and secure because of the scourge of systemic racism.

“We must change now,” the president said. “I know it’s going to take time, but I know we can do it. And I firmly believe the nation is ready to change. But government has to change as well.”

Biden rose to the presidency during a year of intense reckoning on institutio­nal racism in the U.S. The moves announced Tuesday reflect his efforts to follow through with campaign pledges to combat racial injustice.

Beyond calling on the Justice Department to curb the use of private prisons and address housing discrimina­tion, the new orders will recommit the federal government to respect tribal sovereignt­y and disavow discrimina­tion against the Asian American and Pacific Islander community over the coronaviru­s pandemic.

Biden directed the Department of Housing and Urban Developmen­t in a memorandum to take steps to promote equitable housing policy. The memorandum calls for HUD to examine the effects of Trump regulatory actions that may have undermined fair housing policies and laws.

Months before the November election, the Trump administra­tion rolled back an Obama-era rule that required communitie­s that wanted to receive HUD funding to document and report patterns of racial bias.

The order to end the reliance on privately-run prisons directs the attorney general not to renew Justice Department contracts with privately operated criminal detention facilities.

The move will effectivel­y revert the Justice Department to the same posture it held at the end of the Obama administra­tion.

The more than 14,000 federal inmates housed at privately managed facilities represent a fraction of the nearly 152,000 federal inmates currently incarcerat­ed.

The federal Bureau of Prisons had already opted not to renew some private prison contracts in recent months as the number of inmates dwindled and thousands were released to home confinemen­t because of the coronaviru­s pandemic.

Rashad Robinson, president of the national racial justice organizati­on Color of Change, expressed disappoint­ment that policing was not addressed in the executive action. “President Biden’s executive orders to not renew contracts with for-profit prisons and to investigat­e housing discrimina­tion wrought by Trump administra­tion policies provide important steps forward, but do not go far enough,” said Robinson.

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