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Proposed privatized ICE detention facility in Dwight called a “flagrant violation of state law”

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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.

posted by Rich Miller
Tuesday, Jul 28, 20 @ 12:25 pm

Comments

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

Comment by 44th Tuesday, Jul 28, 20 @ 12:33 pm
Not sure a state can prevent the federal government from doing its thing. That one was decided in 1865.

Comment by phocion Tuesday, Jul 28, 20 @ 12:45 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.

Comment by Rich Miller Tuesday, Jul 28, 20 @ 12:56 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.

Comment by Lynn S. Tuesday, Jul 28, 20 @ 12:59 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.

Comment by Honeybear Tuesday, Jul 28, 20 @ 1:02 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.

Comment by fs Tuesday, Jul 28, 20 @ 1:12 pm
There should be no such thing as a private or privately run prison. I suppose soon private prisons will be renting out prisoners

Comment by DuPage Saint Tuesday, Jul 28, 20 @ 1:13 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.

Comment by Anonymous Tuesday, Jul 28, 20 @ 1:17 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?

Comment by 1st Ward Tuesday, Jul 28, 20 @ 1:37 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.

Comment by Kelly Cassidy Tuesday, Jul 28, 20 @ 2:05 pm
Going to depend on EXACTLY whose name is on the ownership and operations contracts. Should be an interesting court battle.

Comment by RNUG Tuesday, Jul 28, 20 @ 2:07 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.

Comment by Simply Sayin' Tuesday, Jul 28, 20 @ 2:15 pm
FYI - Jared Anderson is the Dwight Mayor, not the village manager

Comment by Duke Tuesday, Jul 28, 20 @ 2:20 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?

Comment by K. WADE Tuesday, Jul 28, 20 @ 2:49 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.”

Comment by Lynn S. Tuesday, Jul 28, 20 @ 3:15 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.

Comment by Veil of Ignorance Tuesday, Jul 28, 20 @ 5:11 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.

Comment by RNUG Tuesday, Jul 28, 20 @ 6:03 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.

Comment by JoanP Tuesday, Jul 28, 20 @ 6:14 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.

Comment by Suburban Mom Tuesday, Jul 28, 20 @ 9:21 pm
(I did not mean to be so alliterative, but now I’m proud of it.)

Comment by Suburban Mom Tuesday, Jul 28, 20 @ 9:21 pm
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

Comment by The Jungle Wednesday, Jul 29, 20 @ 7:52 am