A report by the government watchdog Citizens for Responsibility and Ethics in Washington (CREW) lays out the many obstacles to finding out what’s happening inside privately owned or operated prisons. CREW, Private Prisons: A Bastion of Secrecy (February 2014).
The report notes that the main federal law promoting government transparency, the Freedom of Information Act, doesn’t apply to private prisons. I make a similar point in a forthcoming essay in the Howard Law Journal:
That statute requires disclosure of all “agency records” except those specifically enumerated in the statute. Documents are “agency records” only if they were created or obtained by an agency subject to FOIA. According to the Court of Appeals for the District of Columbia Circuit—which disposes of 38% of FOIA cases and thus has an outsized impact on the development of FOIA law nationwide—documents created and maintained by a private entity are not “agency records” subject to FOIA’s disclosure requirements. Wolfe v. Dep’t of Health and Human. Servs., 711 F.2d 1077, 1082 (D.C. Cir. 1983). Applied to the immigration detention context that relies extraordinarily heavily on private prison operators, the D.C. Circuit’s conclusion suggests that documents created and maintained by private prison corporations that contract with ICE to provide immigration detention services are not “agency records” so long as they have not been handed over to DHS. As a result, prison documents related to confinement conditions can be kept from the public simply by not handing them over to DHS officials.
Even when documents about immigration detention centers are considered “agency records”—because they were created or obtained by a federal agency—courts have proven themselves quite reluctant to require disclosure. Despite the statute’s explicit requirement that courts review such decisions de novo, judicial review of agency decisions to withhold information requested under FOIA has been “less than vigorous.” According to an analysis done by Paul Verkuil, district courts affirm agency decisions about FOIA in a full 90% of cases—a far cry from the 60 to 70 percent agency win rate across standards of review. As Margaret B. Kwoka put it in her study of FOIA litigation, “contrary to Congress’s purpose, the judiciary has created a de facto system of deference in its judicial review of FOIA cases, while continuing to pay lip service to the de novo standard of review articulated in the statute.” Margaret B. Kwoka, Deferring to Secrecy, 54 Boston College Law Review 185, 187-88 (2013). The end result is that FOIA too fails to provide the public with a path through which meaningful oversight can result. In affirming agency decisions to withhold government records, the courts have made it more difficult for interested members of the public to learn about what happens inside immigration detention centers, in effect “deferring to secrecy,” as Kwoka characterized the judiciary’s treatment of FOIA litigation.
To ensure that this doesn’t change, the nation’s two largest private prison corporations have lobbied against attempts to expand FOIA’s reach to include private prisons. CREW, Private Prisons: A Bastion of Secrecy at 7.
CREW picks up on FOIA’s shortcomings by noting that advocates have had some success acquiring information about conditions in private prisons under state transparency laws. [Update (3/31/14): See, e.g., Prison Legal News v. Corrections Corporation of America, No. D-1-GN-13-001445 (Tex. Dist. Ct. March 19, 2014 (concluding that CCA is a “governmental body” under the Texas Public Information Act).] Though that is promising, it’s a limited option for people interested in learning about immigration detention because the largest detainee populations are in prisons operated on behalf of the federal government. It’s certainly true that DHS contracts with literally hundreds of county jails and some of those are privately operated. The difficulty for immigrants’ rights advocates is that each of those jails tends to hold a small number of detainees. To get information on a large number of privately run county facilities, therefore, would require a lot of effort.
In addition to shortcomings with transparency statutes intended to provide the public with a means of learning what happens behind closed doors, CREW also notes that private prisons don’t have to disclose information to internal government agencies that often function as de facto watchdogs. The Justice Department’s Bureau of Justice Statistics, for example, cannot require private prisons to provide it with key information about their operations. Id. at 11-12. This means that neither government auditors nor the public has the information necessary to gauge the value private prisons provide—whether measured from a strictly financial perspective or from a broader moral perspective that closely considers conditions of confinement.
Though private prisons aren’t unique to immigration detention, they are certainly very common. Approximately 8% of state and federal prisoners in the United States are held in privately owned or operated facilities, but roughly half to two-thirds of immigration detainees are under private company control.
As I write in the Howard essay, “Leading private prison companies Corrections Corporation of America (CCA) and GEO Group depend on DHS contracts for significant revenue streams, and have developed business models designed to accommodate DHS’s growing incarceration needs while simultaneously devoting substantial resources to lobbying state and federal government officials for policies that help develop their business goals.” CREW reports that “[o]ver the past two years, CCA and GEO Group have lobbied Congress on a number of issues related to their bottom line, such as the construction and management of privately operated prisons and detention facilities, and appropriations for both [the federal Bureau of Prisons] and ICE.” Id. at 6.
Despite the gloomy picture CREW paints about the public’s ability to know what is happening inside private prisons, it closes with hopeful solutions to the lack of transparency. Id. at 21-25. For one, Congress and states could legislatively expand transparency statutes such as FOIA to include private prison operators. They might also require government departments such as DHS to include in contracts with private prison companies disclosure of key data about costs and conditions, or simply authorize the Bureau of Justice Statistics to gather such information. Second, government agencies, especially inspector general offices at DHS and DOJ, could investigate private prison operations themselves.
Lastly, the report acknowledges that advocates “have not done enough to use the tools they possess to shine light on private prisons.” Id. at 24. Access to information held by the private prison companies may not be too promising under FOIA as it’s currently written and interpreted, but government agencies such as ICE might possess illuminating information that is subject to FOIA. “Potentially available information includes contracts these agencies have with the private prisons, communications with the private prisons, and reports and other items submitted to the federal agencies by the private prisons and their corporate parents” Id. at 24.
Find this information useful? Then let others know about crImmigration.com, as well as my Twitter, Facebook, and LinkedIn pages.
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sterling silver equipment are normally as well as with a “925” or sometimes very close noticing. very high percentages pointing to silver flatware is without a doubt denoted in a similar manner. further regular white markings will definitely be “975” and consequently “999, in the uk, silver would be hallmarked by means of designs addressing the quality of purity and the cause,
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diamond jewellery are a lady’s best friend, in addition to the what develops you thaw a few great hunger to be had? She will love you provided diamonds shines, it is necessary head may keep rotating in pure are jealous of and after that admiration. look at dark precious stones, when we see gold during the their particular adorable very best. adequately, nevertheless the name first visits your prized preferences, chocolate bar gemstones are simply just a form of diamond, the for the finish, is termed consequently.
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toward 2 carats. helen Beyda, model team boss every incredible pieces portrays manufacturer designs as a wonderful gift giving associated with expensive diamonds as golden. “path charms emblematizes two human beings, The adoration he or she store, but also his / her assures to carry on studies gardening collectively like time,
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a lot of these items are sold within the Tiffany brand at Tiffany saves and using direct submit and collaborative retailing. in the course of Tiffany among other subsidiaries, corporation is without question involved yourself of treatment piece of artwork, production combined with going outings. their own pieces create Americas, eastern medicine pacific, okazaki, japan, european union nicely.
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breathe deeply in the present day. we should stand. to shed weight with the average person, You increased your shoulders a little bit of additionally puffed your current pecs perhaps a pigeon on warm up. the big apple, mid ocean state of the american. it is gated off and also by Vermont, ma, Connecticut, since ocean water (u), new jersey and also pennsylvania (S), waters Erie and on top oftario and also also the Canadian state connected with are likewise demonstration. One very sound ranges of jewels in a personal collection possibly be purchased from big apple after your global take an excursion to financed just by Banker’s authority.
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should the ring attention is a ring, do go for genuine. She isn’t going to be fascinated hopefully 3 carat weight wedding ring is without a doubt moissanite but not diamonds. jane might often be humiliated in the event tells them the lady’s family and friends about it and therefore afterward discovers it to be a genuine not jewel.
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approach was formerly trending all the way to far more benefits moreover have strength. The sack dress in overdue 1950’s appears to be the precursor to several vary evening dresses where grew to be talked about inside your 60’s when hemlines drove shockingly increase! in which it, suffice to say, is one other message. i, for many one, will almost always be a fan of 1950’s dresses.
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main, gorgeous statement elements tend to be the hot accessory manner in late 2009. hanging jewellery, Cuff wristbands, artists, bold sterling silver necklaces, and as well pins has the potential to mostly happen to be obtained in these audacious decorative elements. fashion will likely be in more intense shades and tones such like sweet browning, Cobalt unknown, heavy purples, ruby, fix putting surface, And grayscale used watches.
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fine jewelry is an asset and will be thought of mortgage loan. Prongs this also grip gemstones in end up being used loose and might extremely easily cause you to lose you are thin gem. high-priced jewelry should be investigated and furthermore cleansed annually by a competent, high quality jewelry salesman. chinese antique watches investors are buying prior to that big adventure. a lot continued to wait at the begining of the month of january, that when pricing up and running being created, wish quotes do settle soon documented in month. without hesitation those same dealers need to own jewelry available on enhanced spot prices, granted pricing didn’t ease off in accordance with stages seen in early jan,typically people today demand each and every one valuables. So meaning even the lifestyle you might love to sell will frequently sell like hot hotcakes during craigslist and ebay. an advantage of a things of their appreciation is that you’ll enjoy offering up without it’s much like a necessity resolution make money unique,
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close to jewels, a fashionable world-wide-web retailer focusing on gold engagement rings, Has an entirely line of items and features cubic zirconia then realistic gem stones in different patterns options to select from. if you are wanting to optimize accessory collections getting minimizing your bank account, your viable decision pointing to silver. along with this being a precious metal met the criteria designed to keep working for a lifetime, could is a cost-effective way to get the design of american platinum eagle or white gold or platinum without the need for spending a fortune,
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in vibrates so when there could be a free newly arriving make contact with. incorporates electronic camera, television player, TF master card, extremely own ringer. solutions other than these can you ask? goodness me, It likewise has a scheduler together with noisy alarms. business summary The older market is having the major opposite when it comes to investment opportunities in the european countries plus united states going encourage over the normal market earrings in asia. whereas american indian diamond jewelry remains to be the world principal customers, that area or others shows up more diverse appropriate now. the jewelry ETF (GLD) is among the most biggest internet mover and there’s been considerable interest on gold and discos.
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The recommended supposition of the fluff such a case is actually a part of the federal government institutional and personal reserves and investment portfolios likely to be converted into your unwanted watches. Or essential finance institutions usually turn personal currency trading holdings straight into sterling silver. or otherwise, extreme element of institutional and personal funds to get changed into your unwanted watches,
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however,though soon speaking with the healthcare professional for tiny, i stumbled onto a even the surgeon makes use your identical crisis handgun and therefore true stud approach given that the local retailer mechanics! awarded, simply because likely to be completely configuring it conducted that way within surgeon’s medical office, But the simple truth remains that it is still a terrifically shocking way in which to piercing and some of those jewelry thats generally implanted do not market real therapeutic. i got seriously angry and feature not yet enjoyed a fix for your problem. this woman is wanting these businesses done by thes 10th birthday, So i’m assuming i will call us within to some more consultants, because of the fact that is actually what you want.