“What happens if you privatize prisons is that you have a large industry with a vested interest in building ever-more prisons.” -- Molly Ivins, 2003

Diabetic Woman in Hutto Reveals Abuse of Asylum Seekers in Detention

An article by The Outline highlights the story of Brenda Menjivar Guarado, an asylum seeker from El Salvador who came to the United States seeking refuge from violence in her home. Menjivar Guerado’s story gained attention from the media in July when she suffered medical neglect within detention, and was forced to choose deportation.

Note from Menjivar Guarado

Menjivar Guarado was detained in T. Don Hutto Detention Facility in Taylor, Texas, operated by CoreCivic (formerly Corrections Corporation of America or CCA). “Upon arrival, guards took away her insulin and began giving her different, less effective treatment for her Type 1 diabetes,” the Outline reports. The lack of proper medical treatment became so dangerous that she was forced to choose deportation over continuing to pursue her asylum case in detention.

Menjivar Guarado’s story reveals the difficulty of fighting one’s asylum case from behind bars. Facilities like Hutto are purposefully isolated from community and legal services, thus the vast majority of women lack legal representation for the asylum process. According to a study by Syracuse University in 2016, of “those who didn’t have a lawyer, only 10 percent got asylum.”

In October, Attorney General Jeff Sessions stated a priority to close a so-called “loophole” in the asylum process and make it more difficult for judges to grant asylum. Further, according to the Outline, the government argued in Jennings v. Rodriguez that asylum seekers do not have constitutional rights in detention. “It's unclear whether Menjivar Guarado would have eventually been granted asylum, but it appears that the federal government isn't interested in finding out,” the article states.

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ICE Detained Pregnant Survivor of Sexual Violence in Joe Corley Detention Facility

 According to an article in the Texas Observer, the alarming trend of ICE detaining pregnant women claimed national attention when seven human rights organizations filed a complaint for the practice in September (see “Pregnant Women Seeking Asylum Detained, Women Miscarried in ICE Facilities").

The report details the stories of ten women, including Carolina Ramirez, a woman who migrated from El Salvador to Texas at age 23. The journey lasted two months, involving sexual assault by the man who brought her to the United States. She arrived carrying his child and was sent to detention at Joe Corley Detention Facility, a private facility operated by GEO Group. There, she experienced isolation from her family in Missouri and began to suffer from major depressive disorder.

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Ramirez petitioned to be released from detention on bond. Instead, she was held in detention for six months. “Advocates say Ramirez’s story is part of a troubling trend of prolonged detention of pregnant women in ICE custody,” Gus Bova writes in the Texas Observer.

An ICE spokesperson said 525 pregnant women have been detained since October of last year, with 33 in detention as of September 13. The Observer estimates that Ramirez’s detention cost U.S. taxpayers about $22,000 in the private facility.

The GEO Group has a long-standing record of human rights abuses within jails, prisons, and detention centers in Texas. The article cites incidents of rape allegations within the Joe Corley Detention Facility from 2015, and the detainee-organized resistance in 2014 when “more than 180 detainees took part in a hunger strike at the facility over poor food and telephone access.”

The Women’s Refugee Commission recently investigated Joe Corley Detention Facility alongside detention facilities across the country. The Texas Observer references their report released in October to show inadequate care for people detained. “In the worst case documented, Joe Corley had one full-time physician and one full-time nurse practitioner for over 1,500 people at the time of our visit,” the report cited.

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Supreme Court Rules Against GEO Group and CoreCivic Secrecy

Shadowproof reported on October 11 that the Supreme Court ruled to require transparency and accountability of private prison companies GEO Group and CoreCivic (formerly Corrections Corporation of America or CCA). The two companies filed a petition to prevent the public release of government documents about their immigration detention facilities. The companies sought to prevent the government from releasing information under the Freedom of Information Act (FOIA).

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In July 2016, a federal district court ruled that the government must release its contracts with private prison corporations. The two largest corporations, GEO Group and CoreCivic, filed an appeal with the Second Circuit Court of Appeals that dismissed their petition. When GEO petitioned the Supreme Court for a full review of the case, the Supreme Court ruled in favor of transparency.

This ruling comes during a time of expanding detention facilities in Texas and nationwide, while advocates call for greater oversight and accountability of privately-run detention facilities. “This victory is especially important as we face a presidential administration committed to mass privatization, as well as mass detention and deportation,” said Mary Small, policy director of Detention Watch Network.

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1,000-Bed Private Detention Facility Proposed for South Texas

On October 13, the Austin American-Statesman reported that Immigration and Customs Enforcement (ICE) is soliciting proposals for a new privately run detention center to operate in South Texas, the eighth of its kind along Interstate-35. The proposal calls for a location between San Antonio and Laredo to house 1,000 adult male and female detainees.

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“This would be yet another for-profit detention center in South Texas along the I-35 corridor, which has become detention alley,” said Bob Libal, executive director of Grassroots Leadership.

The American-Statesman reported that the Trump Administration has promised expansion of the detention system, supporting the profit margins of GEO Group and CoreCivic (formerly known as the Corrections Corporation of America or CCA). The expansion of detention forecasts a continued focus on interior enforcement and arrests, given that border crossings have declined since President Trump’s election. ICE has been criticized for actions of interior enforcement such as the raids in Austin in February “because more than half of the 53 immigrants arrested had no criminal history,” reported the American-Statesman.

“What Trump promised was the very high deportation numbers, and the way you get that is through the detention and deportation of asylum seekers” at the border, Libal said, “but if that number remains constant or goes down, you have to find new populations to deport” likely through ICE raids.

County Judge Joel Rodriguez said La Salle County would not participate in housing a detention facility due to the risks involved. The La Salle County sheriff’s office now operates a detention center in Encinal, Texas, after the private company Emerald Corrections abandoned the facility to the county in 2014.

As immigration cases pile up in a backlog of trials, deportations have slowed and detention centers remain in demand. “The combination of more arrests and fewer deportations could mean an increase in the populations of detention centers,” the article reported.

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