Capitol Fax.com - Your Illinois News Radar » Proposed privatized ICE detention facility in Dwight called a “flagrant violation of state law”
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Proposed privatized ICE detention facility in Dwight called a “flagrant violation of state law”

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* Yesterday

The Department of Homeland Security is in the very early stages of plans to build an Immigration and Customs Enforcement (ICE) detention center in Dwight, Illinois, about 80 miles southwest of Chicago.

According to a letter obtained by CBS 2, the Department of Homeland Security is preparing an environmental assessment for a proposed contract to build a privately owned and operated ICE detention facility in Livingston County, for detainees facing deportation proceedings.

Dwight Village Manager Jared Anderson confirmed the village has been seeking to be home to the facility, which would be built on a 40-acre farm field on the west side of town, just east of Interstate 55.

Um, I don’t think they can do that. From the synopsis of what is now Public Act 101-0020

Provides that neither the State, nor any unit of local government, any county Sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind for the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity;

Etc.

* Rep. Kelly Cassidy was the House sponsor. Her press release…

In spite of the Illinois General Assembly voting overwhelmingly to affirm the state’s long held policy of prohibition of for profit prisons last year, it would appear that ICE and the Village of Dwight intend to continue the effort to build a for profit ICE Detention Center in Illinois. The state has had a ban on privately run, for-profit prisons for decades, but legislation passed last year clarified that ban should also apply to non-criminal settings such as ICE detention centers. The bill (HB2040) passed both chambers last May with significant bipartisan support and was signed by the Governor on June 21, 2019. A recent news report revealed that ICE has continued to pursue the location in Dwight, submitting a letter requesting an environmental site review on the proposed location.

“I sponsored this bill knowing the realities of for profit prisons and knowing that the mistreatment we’ve seen in these facilities across the country has no place in our state. As we see reports from across the country of detainees contracting COVID-19 at an alarming rate in ICE detention centers, federal agents including ICE acting outside the law to ‘disappear’ protestors, and this administration’s ongoing war against immigrants, this appears to be yet one more example of this administration pursuing their hateful agenda regardless of legal standing,” said Rep. Kelly Cassidy, chief House sponsor of HB2040.

Local governments around the country have found that the promises made by for profit prison developers rarely come to fruition. Once the prison is built and the dangerous working conditions, low pay, and lack of benefits become the reality, it is often too late to go back. Representative Cassidy previously argued against the closure of Dwight Women’s prison, noting the town’s unique wrap around support for the women incarcerated there and has long advocated for more thoughtful economic development for towns impacted by closures of state facilities or other economic disasters. The state must do more to assist towns like Dwight when significant economic losses hit.

“The Village of Dwight should acknowledge the reality that the state has made our policy abundantly clear on the question of whether someone should profit off of putting humans in cages with the passage of HB2040 and abandon this wrongheaded approach to economic development not only is a flagrant violation of state law, but putting their residents at significant risk” said Rep. Kelly Cassidy. The company in question is also responsible for the greatest outbreak in any facility with a 75% infection rate at their facility in Farmville, VA.

…Adding… Sen. Robert Peters…

Illinois has long had a policy of prohibiting for-profit prisons. Last year, the General Assembly overwhelmingly passed HB2040 sponsored by state Rep. Kelly Cassidy and state Sen. Robert Peters to make sure these bans apply to non-criminal settings such as ICE detention centers.

A recent news report revealed that ICE has continued to pursue a location in the Village of Dwight to build a private detention center, recently submitting a letter requesting an environmental site review on the proposed location.

This is happening despite the fact that the Private Detention Facility Moratorium Act signed into law in 2019 stopped the original agreement ICE was trying to enter into with Dwight. The law states: “Neither State, nor any unit of local government…shall enter into an agreement of any kind of the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity.”

“Whatever deal ICE is trying to cut is cloaked in the promise of jobs and profits, but is nothing more than a flagrant violation of state law,” said state Sen. Robert Peters, chief Senate Sponsor of HB2040. “In reality, private detention centers historically have dangerous working conditions, low pay, and a lack of benefits — not to mention the inhumane war they wage on detainees under the direction of the Trump administration. This is yet another example of why we can’t trust this administration. Time and time again, they bulldoze our collective safety and health all in the name of pitting communities against each other.”

…Adding… Press release…

On July 28 news reports disclosed that Immigration and Customs Enforcement (ICE) is seeking an environmental assessment for a site for a new privately-operated immigration detention facility in Dwight, Illinois. ICE is making this move in total disregard of a state law enacted last year to bar such facilities. The following is the statement by the Illinois Coalition for Immigrant and Refugee Rights (ICIRR) and the National Immigrant Justice Center (NIJC):

The State of Illinois spoke loudly and clearly last year when the General Assembly passed and Governor Pritzker signed the Private Detention Facility Moratorium Act: Private prison companies are not welcome in our state, and no one should profit from keeping people in detention. Yet ICE, an agency that claims to exist to enforce the law, is defying the will of our state and acting in an unlawful manner by attempting to move forward with the Dwight immigration prison. ICE is attempting to double its detention capacity in the Chicago region with this facility, even as the number of people in ICE custody nationally is falling due to the COVID-19 pandemic. Furthermore, the company proposing the facility, Immigration Centers of America, is botching its handling of a COVID-19 outbreak at its sole facility in Virginia–with 75% of individuals detained there testing positive. Private for-profit immigrant detention centers have failed 100% of the time they have tried to come into Illinois, and this will be no different.

All of this is happening as Department of Homeland Security (DHS) agents are being deployed to American cities without any real need or accountability, as DHS continues to defy the Supreme Court’s ruling preserving the DACA program, and as ICE in Chicago is planning a “citizen’s academy” to train civilians on arrest tactics and firearms use. Our organizations will continue to fight to hold DHS and ICE accountable, to stop the harms they are inflicting and the fear they are creating in our communities, and to make our state welcoming for all.

       

21 Comments
  1. - 44th - Tuesday, Jul 28, 20 @ 12:33 pm:

    Constitutional law going to take on more significance in law school these days. Another fed v state conflict.


  2. - phocion - Tuesday, Jul 28, 20 @ 12:45 pm:

    Not sure a state can prevent the federal government from doing its thing. That one was decided in 1865.


  3. - Rich Miller - Tuesday, Jul 28, 20 @ 12:56 pm:

    ===Not sure a state can prevent the federal government===

    Correct. The state can, however, prevent a municipality from doing whatever it wants. That was decided in 1818 here.


  4. - Lynn S. - Tuesday, Jul 28, 20 @ 12:59 pm:

    If ICE was smart, they’d be going around to the small-town sheriffs and offering them contracts for immigration detention.

    Macon County jail has something like 700 beds. I have no doubt they would welcome more revenue.

    I don’t know if they still do it, but I remember Ford and Kankakee Counties doing immigration detentions.


  5. - Honeybear - Tuesday, Jul 28, 20 @ 1:02 pm:

    Call me an old paranoid but is there a case before the Supreme Court that might effect this? These private industry folks don’t waste money on pipe dreams. With a clear state law and I private group and village still looking at it, my bet is that we’re not looking down the line at what the Supreme court may do that would overturn our state law.


  6. - fs - Tuesday, Jul 28, 20 @ 1:12 pm:

    == Correct. The state can, however, prevent a municipality from doing whatever it wants. That was decided in 1818 here.==

    I guess I’m unclear on what the municipality is doing. Is there some sort of contract with the Feds they have, or are the Feds simply building the facility on property that they own? I don’t believe the latter would be a violation of the statute, and even if it were I don’t believe reading it that broadly would hold up to constitutional scrutiny.


  7. - DuPage Saint - Tuesday, Jul 28, 20 @ 1:13 pm:

    There should be no such thing as a private or privately run prison. I suppose soon private prisons will be renting out prisoners


  8. - Anonymous - Tuesday, Jul 28, 20 @ 1:17 pm:

    @Honeybear

    Not really. The Supreme Court just finished up its most recent term, so there’s nothing in the near future going forward there. Honestly, something in the 7th Circuit pipeline would be a more likely situation.


  9. - 1st Ward - Tuesday, Jul 28, 20 @ 1:37 pm:

    ICE through ERO operates several detention facilities throughout the US. Is the thought that it would be operated through this unit therefore not violate law?


  10. - Kelly Cassidy - Tuesday, Jul 28, 20 @ 2:05 pm:

    1st Ward — it doesn’t appear that the original agreement has changed as the ICE letter refers to it being owned and operated by a contractor.


  11. - RNUG - Tuesday, Jul 28, 20 @ 2:07 pm:

    Going to depend on EXACTLY whose name is on the ownership and operations contracts. Should be an interesting court battle.


  12. - Simply Sayin' - Tuesday, Jul 28, 20 @ 2:15 pm:

    From what I see in the article and document in the article, Dwight is at most saying, “hey, come into our town”…P.A. 101-20 only prohibits if Dwight would “enter into an agreement…; pay, reimburse, subsidize, or defray….; receive per diem, per detainee, or any other payment…’ or otherwise give any financial incentive or benefit….” If any of these have been offered, then, yes, a violation. Otherwise, no prohibition on encouraging the feds to come to town.


  13. - Duke - Tuesday, Jul 28, 20 @ 2:20 pm:

    FYI - Jared Anderson is the Dwight Mayor, not the village manager


  14. - K. WADE - Tuesday, Jul 28, 20 @ 2:49 pm:

    Just google the news for Farmville, VA ICA Detention Center. They grossly are incompetent of running a facility and you want to risk that kind of chaos in your area?


  15. - Lynn S. - Tuesday, Jul 28, 20 @ 3:15 pm:

    While I agree with you, K Wade, the reality is that some folks are only too happy to profit off the misery of others.

    And if you look at 2016 election returns for this county, I suspect you’ll find plenty of folks happy to go along with harming undocumented immigrants.

    “The money’s green, right? And it’s a private sector company, not likely to waste money like those bureaucrats in Springfield or D.C.”


  16. - Veil of Ignorance - Tuesday, Jul 28, 20 @ 5:11 pm:

    Interesting how some of these conservative local jurisdictions are all “law and order” until it’s something they don’t agree with. This legal matter was settled by the Illinois General Assembly and the Governor. Dwight does not have legal authority to enter this agreement with ICE; this specific scenario is the reason the bill was passed and signed into law. Our state’s democracy couldn’t have been more clear on an issue.


  17. - RNUG - Tuesday, Jul 28, 20 @ 6:03 pm:

    == Dwight does not have legal authority to enter this agreement with ICE … ==

    The Feds can do it without Dwight’s involvement. And they can evade the State by either owning or operating the facility.


  18. - JoanP - Tuesday, Jul 28, 20 @ 6:14 pm:

    I wouldn’t be so quick to assume this can’t happen.

    The statute prohibits Dwight from contracting with a private entity for the detention of prisoners. They’re not doing that. It’s not clear to me from the story that Dwight is doing anything other than saying “Welcome to our town”.

    Even if this requires, say, a zoning change, that still wouldn’t constitute “an agreement . . . for the detention of individuals . . . ”

    I think corporate-run detention facilities are a horrid idea, but I also think the law is not as clearly applicable to this situation as Cassidy and Peters claim.


  19. - Suburban Mom - Tuesday, Jul 28, 20 @ 9:21 pm:

    == I suppose soon private prisons will be renting out prisoners==

    They already do, and they make a lot of money on it. It’s a national disgrace, and Illinois’s principled refusal to participate in prisons for profit should be a point of pride to all Illinoisians.


  20. - Suburban Mom - Tuesday, Jul 28, 20 @ 9:21 pm:

    (I did not mean to be so alliterative, but now I’m proud of it.)


  21. - The Jungle - Wednesday, Jul 29, 20 @ 7:52 am:

    Prisons for profit = Corruption. “Private prison companies largely are unaccountable to the state or the taxpayers; they are not subject to the same transparency, reporting or oversight requirements as government agencies. ” https://www.afsc.org/resource/arizona-prison-report and https://mchistory.org/research/finding-aids/collection/mclean-county-poor-farm


Sorry, comments for this post are now closed.


* Isabel’s afternoon roundup
* HGOPs whacked for opposing lame duck session
* Uber’s Local Partnership = Stress-Free Travel For Paratransit Riders
* Report: IDOC's prison drug test found to be 'wrong 91 percent of the time'
* SUBSCRIBERS ONLY - Session update (Updated x2)
* Illinois Supreme Court rules state SLAPP law doesn't automatically protect traditional journalism (Updated)
* ‘This is how I reward my good soldiers’: Madigan ally testifies he was rewarded with do-nothing consulting contract
* Illinois Supreme Court rules that Jussie Smollett's second prosecution 'is a due process violation, and we therefore reverse defendant’s conviction'
* Dignity In Pay (HB 793): It Is Time To Ensure Fair Pay For Illinoisans With Disabilities
* It’s just a bill (Updated)
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller