In 2014, a lawsuit on behalf of 60,000 immigrants was filed against one of the largest for-profit prisons, Denver Contract Detention Facility ran by the GEO group. This detention center is partnered with ICE and is kept running for the purpose of housing immigrants awaiting their time in court.
This lawsuit, which started off on behalf of only 9 immigrants, was filed because, “Tens of thousands of immigrants detained by U.S. Immigration and Customs Enforcement were forced to work for $1 day, or for nothing at all — a violation of federal anti-slavery laws,” stated the Washington Post. The attorneys for this case originally sought after 5 million dollars in damages but they now expect that number to grow.
This is the first time a Class- action lawsuit against a U.S. private prison has been allowed to move forward.
“That’s obviously a big deal; it’s recognizing the possibility that a government contractor could be engaging in forced labor,” said Nina DiSalvo, executive director of Towards Justice
According to the original nine plaintiffs, detainees at ICE facility are forced to work without pay and those who refuse are punished. Additionally, the lawsuit claims “six detainees are selected at random every day and are forced to clean the facility’s housing units. The lawsuit claims that the practice violates the federal Trafficking Victims Protection Act, which prohibits modern-day slavery,” reported the Washington Post
The GEO group is also accused of violating Colorado’s Minimum Wage law because they only pay their detainees a $1 an hour when the state law states that minimum wage is about $9. Despite this fact, The GEO argued in court that by paying them a dollar an hour does not violate any law.
Detainees are allowed to sign up for shifts under ICE’s “Voluntary Work Program“, but according to Jacqueline Stevens, this does not constitute as volunteer work under current labor laws.
As of now, if you sign up for a shift, you are required to work 40 hours a week cleaning and preparing and serving meals.
According to Stevens, the purpose of Prison Labor is to rehabilitate and punish and “this does not apply to immigrants” because they are only awaiting their trial.
The GEO group spokesperson stated that “The volunteer work program at immigration facilities as well as the wage rates and standards associated with the program are set by the Federal government. Our facilities, including the Aurora, Colo. Facility, are highly rated and provide high-quality services in safe, secure, and humane residential environments pursuant to the Federal Government’s national standards.”
ICE is not a direct party in this suit and has yet to release a statement.
In 2015, Judge Kane partially denied the motion to dismiss. However, he recently gave it class action status just days after Attorney General Jeff Sessions rescinded the decision to renew Private Prison contracts.
Sessions wrote, ” I direct the Bureau to return to its previous approach.”
As we continue to discuss the role that Private Prisons play in the Criminal Justice System, we can not forget that since the election of Donald Trump, Private Prison stocks Sky-rocketed.
As always, follow the money.
