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Private prison business is booming; strong growth expected

The economy may still be stuck in the doldrums for most industries, but the largest private prison company is feeling good about where it stands and where it’s headed. The Corrections Corporation of America, the country’s dominant private imprisoning corporation, recently told investors that it is doing a lot of business with DHS and sees plenty of growth potential. CCA, Investor Presentation (March 2012). In a slideshow posted on its web site recently, CCA announced that it has a “$3 billion gross book value portfolio consist[ing] of 92,043 beds comprised of 47 owned facilities with 66,719 [...]

Posted by César on April 19, 2012 on 9:00 am 23 Comments
Filed Under: CCA/CoreCivic, commentaries, imprisonment

Report: $2 billion immigration imprisonment bill; 32,953 imprisoned per night; number of prisoners limited by number of beds

Congress appropriated $2.051 billion to DHS for custody operations in fiscal year 2012 to fund 34,000 immigration prison beds, a researcher at the Congressional Research Service reported recently. Alison Siskin, Immigration-Related Detention: Current Legislative Issues (Congressional Research Service Jan. 12, 2012). Despite the country’s economic problems, immigration imprisonment funding has increased steadily since FY 2008, the first year included in the CRS report. Siskin at 15. Between FY ’11 and FY ’12, for example, “Congress increased the number of beds by 600, and increased funding [...]

Posted by César on March 27, 2012 on 9:00 am Leave a Comment
Filed Under: commentaries, imprisonment, mandatory detention

Report: crImmigration enforcement funding and prison rates rise

A report by the Congressional Research Service tells of increased funding for the federal government’s programs targeting immigrants convicted of crimes, including immigration-related crimes, and an accompanying increase in the number of immigrants arrested and imprisoned. Marc R. Rosenblum & William A. Kandel, Congressional Research Service, Interior Immigration Enforcement: Programs Targeting Criminal Aliens (Oct. 21, 2011). The CRS is a non-partisan unit of the Library of Congress. Between fiscal year 2004 and FY 2001, the report explained, funding for programs targeting so-called [...]

Posted by César on January 24, 2012 on 9:00 am 8 Comments
Filed Under: 287(g), commentaries, Criminal Alien Program, imprisonment, local immigration policing, National Fugitive Operations Program, Secure Communities

3 Cir: Limits § 236(c) mandatory detention to reasonable period

The U.S. Court of Appeals for the Third Circuit held that INA § 236(c) authorizes mandatory detention only for a reasonable period of time. Diop v. ICE, No. 10-1113, slip op. (3d Cir. Sept. 1, 2011) (Fuentes, Chagares, and Pollak, JJ.). Judge Fuentes wrote the panel’s decision. This case involved a petition for writ of habeas corpus brought by an individual who was convicted in 1995 of Pennsylvania possession of a controlled substance with the intent to manufacture or deliver it and in 2005 of reckless endangerment. Diop, No. 10-1113, slip op. at 4. After being placed in removal [...]

Posted by César on October 13, 2011 on 9:01 am 16 Comments
Filed Under: 3d Circuit Court of Appeals, 5th Amendment, Due Process Clause, imprisonment, mandatory detention

Op-ed: House bill would put many immigrants in prison unnecessarily

Note: I published this op-ed in the Columbus Dispatch on August 20, 2011. Government coffers are empty and crime rates are at their lowest in 40 years, yet Congress is considering a vast expansion of the nation’s prison system that is unnecessary, expensive and likely unconstitutional. A proposal by Rep. Lamar Smith, R-Texas, approved by the House Judiciary Committee and its two Ohio members, Reps. Steve Chabot, R-Cincinnati, and Jim Jordan, R-Urbana, would drastically expand the number of immigrants imprisoned pending a deportation decision or awaiting a deportation that may never occur [...]

Posted by César on September 6, 2011 on 9:00 am Leave a Comment
Filed Under: commentaries, Due Process Clause, imprisonment, mandatory detention, Scholars Sidebar

US dist ct: Mandatory detention applies only if detained upon release from crim custody

The U.S. District Court for the Eastern District of Virginia recently kept up its practice of holding that the INA’s mandatory detention provision, INA § 236(c), applies only to individuals who ICE detains upon release from criminal custody. Hosh v. Lucero, No. 1:11-cv-464, 2011 WL 1871222 (E.D. Va. May 16, 2011) (Trenga, J.). The individual involved here, Hosh, is an LPR charged as removable for having been convicted of an aggravated felony and thus subject to mandatory detention pursuant to INA § 236(c)(1)(B). ICE did not arrest Hosh until sometime after he had successfully completed his [...]

Posted by César on June 21, 2011 on 9:00 am 10 Comments
Filed Under: bond, imprisonment, mandatory detention, U.S. District Courts

9th Cir: Burden on govt to justify continued detention; must record bond hearing

The U.S. Court of Appeals for the Ninth Circuit recently held that the government has the burden of proving by clear and convincing evidence that continued detention pending removal is justified and that the immigration court must make a contemporaneous record of a bond hearing. Singh v. Holder, No. 10-15715, slip. op. (9th Cir. March 31, 2011) (Graber, Fisher, and Bybee, J.). Judge Fisher wrote the panel’s opinion. This case involved an LPR imprisoned by ICE since April 10, 2007. An IJ ordered him removed in September 2007, but his case has moved slowly through the appeals process, [...]

Posted by César on May 19, 2011 on 9:12 am 4 Comments
Filed Under: 9th Circuit Court of Appeals, bond, imprisonment, mandatory detention

GAO: States pay most cost of imprisoning immigrants in state jails

The U.S. Government Accountability Office recently reported that most of the cost of imprisoning “criminal aliens” in state prisons systems was paid by state governments. GAO, Criminal Alien Statistics: Information on Incarcerations, Arrests, and Costs (March 2011 GAO-11-187). [A summary in html is also available.] States, cities, and counties are partially reimbursed for the costs of incarcerating noncitizens who meet specified criteria through the Justice Department’s State Criminal Alien Assistance Program (SCAAP). Importantly, “SCAAP is not intended to reimburse state and local [...]

Posted by César on May 12, 2011 on 9:16 am 4 Comments
Filed Under: imprisonment, local immigration policing

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César’s Recent Media

April 18: Quoted talking about ICE's efforts to conceal contents of training manuals used by its largest division, Homeland Security Investigations Read article here]

April 12: Discussed legal limits on deploying troops inside United States and the memory of Esequiel Hernández, Jr., teen shot by Marines in 1997 [Read article here (in Spanish)]

April 12: Quoted in article about brewing Fourth Amendment battle that develops when ICE arrests people inside homes [Read article here]

April 3: Quoted in Univision Noticias article about Trump's plans to deploy National Guard to border [Read article here (in Spanish)]

April 1: Quoted in article about Coloradans affected by Trump administration's decision to end TPS protections for citizens of some countries [Read article here]

March 29: Quoted in article about Fourth Amendment and ICE attempts to enter homes [Read article here]

March 16: Quoted discussing shifts between Obama and Trump administration immigration policing practices [Listen here]

March 8: Quoted discussing Justice Department lawsuit against California over its migrant-friendly policies [Read article here | Lea en español]

February 5: Quoted in article about Indiana death in drunk driving incident allegedly caused by unauthorized migrant [Read article here]

January 31: I'm quoted in San Francisco Chronicle about ICE's policy of arresting people in and near courthouses [Read article here]

January 18: I talked to CityLab about symbolic value of ICE raids on 7-11 stores [Read article here]

January 8: I'm quoted in Governing talking about ICE head's threats to imprison elected officials who support policies limiting cooperation with ICE [Read article here]

January 5: I'm quoted in article about San Antonio Police Department decision to prosecute alleged migrant smuggler under state law rather than hand over to ICE for federal prosecution [Read article here]

January 3: Quoted in article about ICE chief's threats to imprison elected officials who support migrant-friendly policies [Read article here]

2018

December 30: I'm quoted in The Atlantic discussing the special impact crimmigration policies have on black migrants [Read article here]

December 28: My crimmigration.com article about immigration prison population trends since 1990s makes Prison Policy Institute's "favorite criminal justice research of 2017" [Read PPI's list here]

December 22: Quoted in ThinkProgress article about legally dubious immigration detainer practices [Read article here]

December 20: Interviewed in Philadelphia NPR affiliate WHYY story about ICE arrests in area courthouses [Listen to story here]

December 12: My three-part white paper series on immigration detention published by Latino Community Foundation of Colorado [Read articles on adults, children and families, and vulnerable populations]

Learn more about César's media appearances here

Recent Posts

  • Legal limits on military deployment along US border
  • ICE transitioned from Obama to Trump with record high daily detention population
  • ICE detention population closed Obama era at record daily high
  • Immigration budget bill summary
  • Supreme Court to hear another immigration imprisonment case
  • Jennings v. Rodriguez highlights need for detention time limits

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