Not only are
the major private prison corporations seeing their profits soar from
the surge in immigrant inmates, Native American corporations, as the
favored recipients of Department of Homeland Security (DHS) contracts,
are also cashing in on the growing opportunities to make money by
detaining and imprisoning immigrants.
Doyon Ltd. is
one of several Native American corporations that are sealing major
contracts with the Department of Homeland Security. Immigration and
Customs Enforcement (ICE) has contracted the operations,
transportation, and food services of the 800-bed El
Paso Service Processing Center to the private holding group Doyon.
Doyon is one of twelve original Alaskan Native Regional Corporations
created as part of the Alaska Native Claims Settlement Act of 1971.
Other firms of
the Alaska Native Corporations (ANCs) are also seeking contracts to run
detention centers. A few of these Native American corporations are
contracting for various parts of ICE's immigrant detention operations.
Contract awards to ANCs by all federal agencies increased by 916% from
2000-2008, rising from $508.4 million in 2000 to $5.2 billion in 2008. The first volume of
a two-part report recently prepared for the Senate Committee on
Homeland Security and Governmental Affairs for Senator Claire McCaskill
found that ANC federal contracts have been increasing at a 33.6% annual
rate since 2000—six times greater than the overall increase in federal
contract spending.
In 1986
Congress passed legislation that allowed ANCs to participate in the
Small Business Administration's (SBA) 8(a) program. Since then,
Congress has extended special procurement advantages to 8(a) ANC firms,
such as the ability to win sole-source contracts for any dollar amount.
A Governmental Accountability Office (GAO) study in 2006 lambasted the
lack of oversight and accountability by government agencies in issuing
sole-source contracts to the ANCs.
The GAO said
that "acquisition officials at the agencies reviewed told GAO that the
option of using ANC firms under the 8(a) program allows them to
quickly, easily, and legally award contracts for any value. They also
noted that these contracts help them meet small business goals."
Immigrant Detention Reform and Outsourcing in ICE Central
Last summer the Department of Homeland Security announced its decision to overhaul the widely criticized immigrant detention system run
by the DHS's Immigration and Customs Enforcement. Among the promised
reforms were the centralization of immigrant detention and increased
oversight of its patchwork system of more than 350 immigrant detention
centers owned and operated by private prison firms and local
governments.
Although DHS,
through Immigration and Customs Enforcement (ICE), outsources most of
its arrested immigrants to private firms and governments in the
business of imprisonment, the department has seven of its own detention
centers ("Service Processing Centers").
These centers,
five of which are found on the southern border, have historically
formed the foundation of the federal government's immigrant detention
system. But over the past two decades, and especially since 2003, the
Justice Department has preferred outsourcing immigrants to in-house
detention.
Among immigrant
advocacy and human rights organizations, the DHS promise to overhaul
immigrant detention has sparked hope that ICE will stop its outsourcing
practices and reestablish the government as the direct custodian of the
more than 350,000 immigrants it has held for detention in recent years.
But the type of
outsourcing and subcontracting practices that have led to major
oversight and accountability problems within ICE's contracted
facilities are deeply ingrained even within ICE's own detention centers.
While more
Native American corporations are securing DHS contracts, most of the
government contracts held by ANCs and other Native American
corporations are with the Department of Defense (DOD).
Doyon's Family
Doyon says it "operates a diverse array of subsidiary businesses and joint ventures."
Its main
subsidiaries include Doyon Government Group, Doyon Associated, Doyon
Universal Services, Cherokee General Corporation, and Doyon Drilling.
These subsidiaries have other subsidiary companies and joint ventures,
allowing Doyon to compete through preferential contracting in an array
of business sectors propped up by government contracts—and where, as in
detention services, it has little or no experience of its own.
The member of
the Doyon family that contracts for immigrant detention is Doyon
Security Services, part of the company's Doyon Government Group. In
addition to the El Paso contract, Doyon has a $144.8 million contract
to provide security and most other services at ICE's Krome detention
center in Miami, Florida.
Doyon Security
Services boasts that it "has grown into a powerhouse in the security
field during the past six years. Within the past twelve months this
subsidiary has won over $266 million in new competitive contracts that
employ 960 personnel in the homeland security-immigration and customs
enforcement fields."
On its website, Doyon points to its Board of Advisers for Doyon Government Group. But that board has only one member: Ret. Brig. Gen. Joe Stringham, who is hailed for his service in Vietnam and El Salvador.
In South
Vietnam, Stringham is reported to have formed "a unique mercenary
battalion" that became the subject of the John Wayne movie, "The Green
Berets." In the 1980s, Stringham became the commander of the U.S.
Military Group [military unit assigned to the embassy] in El
Salvador and "trained and developed the Salvadoran Armed Forces," and
in recognition for his "bravery and meritorious service" he received El
Salvador's highest military decoration, "The Medal of Gold." While
General Stringham's experience in the U.S. interventions in Vietnam and
El Salvador may not prove especially relevant in immigrant detention,
Doyon underlines its in-house military experience in securing security
services contracts with the U.S. Army and Coast Guard.
Founded in
2003, Doyon Security Services has attempted to take advantage of new
federal efforts to protect government infrastructure. In addition to
DHS, the company has secured federal contracts with the Army Corps of
Engineers, U.S. Army, Alaska pipeline, and U.S. Navy.
Joint Ventures and Outsourcing
Immigrants
arrested by ICE are often confused, understandably, about just who are
their jailors—even within an ICE owned and operated detention center.
The same is true for visitors who are met not by ICE personnel but by
an outsourced workforce of clerical workers and security guards.
Being an
immigrant in ICE custody gives one an inside look at the business of
detention in America and also how prevalent and labyrinthine government
outsourcing is.
In the case of
the El Paso center, DHS issued a request for contracts for the
operation of its detention center (including cell extractions, armed
guards, in/out processing, armed escorts, vehicle fleet ownership, and
feed services).
DHS awarded the
$152 million contract to Doyon Ltd., a corporation that has no in-house
experience in detention services. But Doyon has something better than
experience. It has preference rights.
Preference
gives Alaska Native Corporation a priority shot at getting federal
contracts. Native status gets a corporation into the door, but a
company like Doyon also needs a partner that can actually do the work.
An article in Alaska Business Monthly (Oct.
2004), titled "Native corporations form prosperous joint ventures:
these corporate marriages can be made in heaven if carefully thought
out," called the ANCs' search for business partners "a corporate
matchmaker's dream."
ANCs and other
Native American Corporations have perfected the capitalist art of joint
ventures and subcontracting. For its part, Doyon established a joint
venture with Akal Security, the country's fifth largest private
security services firm.
Named after the
Punjabi word for "deathless" (the traditional battle cry of Indian
Sikhs), Akal Security was founded and is run by Sikhs.
Akal has a
"Homeland Security" division, and observes that "the U.S. government
has turned to Akal to provide specialized security services for many of
America's most critical national security facilities and agencies,
including the Departments of Justice and Homeland Security."
In 2008 Akal,
apart from its joint ventures with Doyon and other preferential
contractors, received $132 million in DHS contracts. Among other DHS
security work, Akal serves as an ICE surrogate at four ICE detention
centers: El Paso, Krome, Florence, AZ, and El Centro, CA. As Akal notes, "DHS has turned to Akal to ensure the quality of critical contract detention services."
The new ICE
contracts at the El Paso and Krome processing centers build on previous
Akal contracts with ICE. Prior to its joint venture with Doyon, Akal
had paired up with another Native American corporation, DECO Security
Services, to operate the El Paso immigrant detention center.
These ICE
contracts are set aside for 8(a) companies. By creating joint ventures
with such native companies like Doyon, Deco, or Ahtna, larger companies
with real capacity can secure contracts that would otherwise be out of
reach, since they don't otherwise qualify as small businesses, minority
businesses, or native corporations. With respect to the Krome contract,
the security company says that "Akal and Doyon operate under an
approved mentor-protégé agreement, so with Akal as the incumbent, the
effort was ideally positioned."
Describing the joint venture's structure, Akal says that Doyon owns
51%, and "Doyon will be the principal operator on the site and Akal
will provide professional and back-end support." In other words, like
almost all of the Native American or Native Alaskan contracts with DHS,
DOD, and the State Department, the non-native business will do the
actual work of the contract while the native business provides the
preference qualifications.
Immigrant Inmates Launch Hunger Strikes Against ANC Detention Centers
Another ANC that
has taken advantage of preferential government contracts is Ahtna
Development Corporation, which describes itself as "A Full-Service Operations and Maintenance Company."
DHS contracted
with the ANC's subsidiary, Ahtna Technical Services, Inc. (ATSI), which
had no experience in correctional services, to provide operational,
maintenance, and other support services at four ICE facilities: Buffalo
Federal Detention Facility, Krome Service Center, Port Isabel
Service Processing Center, and the Varick Street Detention Facility in
New York City.
In addition, ICE has contracted the Alaskan corporation to manage food services at six other ICE processing centers.
A New York Times article (Nov.
1, 2009) highlighted the history of abuses at the Varick facility,
which is an adjunct to the ICE field office in New York City. Operated
by ATSI under a DHS contract, the security staff at the Varick
detention center are employees of a Texas security subcontractor.
In April last
year 200 immigrant detainees at ICE's Port Isabel detention center
organized a passive resistance campaign and hunger strike to protest
alleged physical and verbal mistreatment by the staff of Ahtna
Technical Services. According to immigrant-support groups, detainees also suffered due process violations and were not receiving adequate medical care.
The immigrant
inmates involved in the protest complained that despite repeated
complaints to ICE the abuses and deplorable conditions at the detention
center had gone unresolved.
According to
Maria Muentes, an organizer with Families for Freedom, "Many of the
detainees are legal permanent residents from northeastern cities [and]
they've been shipped to this desolate prison away from any kind of
family and community support. ATSI [Ahtna] staff is being very brazen
in their lawlessness. I think there's a perception that no one will
speak up in defense of immigrants. It all seems designed to break down
the will of the detainees so that they will agree to being deported."
DHS says that
it owns and operates the Port Isabel detention center. However, by
contracting out the operation of the center to a company with dubious
professional credentials and experience and which then outsources its
responsibilities to yet another company, DHS gives the impression that
it is not taking direct and full responsibility for this homeland
security and immigration regulation mission.
On Jan. 19 ICE agents in riot gear broke up a hunger strike at the Varick facility, according to detainee accounts.
But an ICE spokesperson denied that there was a "sustained hunger
strike," although he acknowledged that immigration agents entered and
searched a jail dormitory after detainees began complaining about
conditions and refused to leave it.
A Jamaican detainee in one dorm told New York Times
(NYT) reporter Nina Bernstein that "all hell broke loose" after about
100 inmates refused to go to the mess hall on Tuesday morning and gave
guards a flier declaring they were on a hunger strike to protest
detention policies and practices. The detainee said a SWAT team "beat
up" some detainees, took many to segregation cells as punishment, and
transferred about 17 to immigration jails in other states, according to
the NYT report.
Another
detainee, an architect who said he has been a legal resident for 30
years, said he didn't want to give his name. "I don't want to be
singled out," he said. "A lot of things are happening in the
night—people are being moved secretly."
Last week ICE
said it was closing the immigrant jail, which had become the subject of
much criticism by immigrant advocates for its practice of transferring
detainees, without notice, to other ICE detention centers. Immigrants
inside the detention facility opposed the closure and consequent mass
detainee transfer, apparently because their removal from Varick would
also remove them from contact with family and legal advocates. However,
they told the NYT that the hunger strike was part of a larger protest
over immigration and detention policies.
The problems
and concerns at ICE's Varick detention center reflect the generalized
state of immigrant detention abuses, vindictive and unreasonable
transfers, and the lack of accountability and transparency in an
immigration incarceration system that is largely outsourced to private
firms.
Media reports
and immigrant advocacy are raising new awareness about the injustices
that characterize the outsourcing of legal and illegal immigrants to
private security firms like Ahtna and Doyon, and to prison companies
like GEO Group.
But the lack of
accountability and transparency and irresponsible profiteering are
problems that are also prevalent in the very heart of Homeland Security
operations, including intelligence, information systems, and
infrastructure protection—all of which are largely outsourced using
highly questionable bidding and contracting processes.
Americas Program