WHEN MISERY MEANS PROFIT
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Transcript of WHEN MISERY MEANS PROFIT
WHEN MISERY MEANS PROFITImmigration Enforcement, the Prison Industry
and the American Legislative Exchange Council
THE CURRENT CONTEXT: CRIMINALIZATION,
DEPORTATION AND INCARCERATION
1996 federal statute allows state and local officers to enforce federal immigration law
Only federal program that allows direct enforcement by local officers
Mostly allows enforcement in jails (90%) Operates in 72 jurisdictions nationally Increased operating budget
◦ 2007: $15.6 million◦ 2010: $68 million
CRIMINALIZATION: 287G
2007 DHS initiative allows FBI to share fingerprint data with DHS to identify violators of immigration law when arrested for criminal offenses
DHS removed 64,072 people (as of 10/10) Secure Communities expected to be
mandatory by 2013◦ Already in all 25 southwest border counties◦ $200 million budget◦ 686 jurisdictions in 33 states (as of10/10)
CRIMINALIZATION: Secure Communities
2005 Border Patrol initiative designed to criminally prosecute all unauthorized entrants
Forces migrants into federal criminal courts, federal penal system
En masse hearings – up to 80 defendants◦ Meeting with counsel, initial appearance,
arraignment, plea, sentencing in one day Immigration prosecutions now 54% of all
federal criminal prosecutions
CRIMINALIZATION: Operation Streamline
“It has been another record-breaking year at ICE” – DHS Secretary Janet Napolitano (2010)
Deportations under Obama◦ 54% have no criminal record◦ FY 2009: 389,834◦ FY 2010: 392,000
DEPORTATION
DEPORTATION
DEPORTATION
3,000 ICE detainees per day in AZ◦ 58% increase over 6 years
Over 400,000 people to be detained this year
Latin@s now exceed 50% of those sentenced for federal felony offenses
INCARCERATION
Since 2005 “Operation Streamline has funneled more than $1.2 billion into the largely for-profit detention system in Texas, driving the expansion of private prisons along the border.”
INCARCERATION
CRIMINALIZATION AND THE PRISON
INDUSTRY
World’s largest prison population: 2.4 million people incarcerated and over 7 million under "correctional supervision”
World’s highest incarceration rate: 743 per 100,000 people
U.S. incarcerates 25% of world’s prisoners Increasingly privatized
◦ Since 2000 overall prison population has risen 16%◦ Population in private state facilities has risen 33%◦ Population in private federal facilities has risen 120%
U.S. PRISON INDUSTRIAL COMPLEX
PRIVATE PRISON INDUSTRY Corrections Corporation of America (CCA)
◦ 80,000 beds, 66 U.S. facilities in 19 states, $1.7 billion annual revenue
The GEO Group (GEO)◦ 80,000 beds, 53 U.S. facilities in 17 states, $1.3
billion annual revenue Management and Training Corporation (MTC)
◦ 26,000 beds, 20 U.S. facilities in 7 states 130,000 people in private prisons (as of
12/09)
CCA: “The demand for our facilities and services could be adversely affected by the relaxation of enforcement efforts, leniency in conviction or parole standards and sentencing practices or through the decriminalization of certain activities that are currently proscribed by our criminal laws…”
GEO Group: “Those people coming across the border and getting caught are going to have to be detained and…there's going to be enhanced opportunities for what we do.”
PRISON PROFITEERING
Lobbying◦ CCA: $17.6 million in lobbying at federal level since 2000◦ GEO: $2.4 million in lobbying at federal level since 2004
Campaign donations◦ 2010 was ten-year high ◦ In the past decade, CCA and GEO gave:
$835,514 to federal candidates $6,092,331 to state candidates 75% to eventual election winners
Relationships and associations◦ Ties to legislators and executives (AZ Gov. Jan Brewer)◦ ALEC membership
PRISON INDUSTRY INFLUENCE
PRISON INDUSTRY INFLUENCE
AMERICAN LEGISLATIVE EXCHANGE COUNCIL
“The nation's largest, non-partisan, individual public-private membership association of state legislators.”
Membership◦ 2000 legislators (1/3 of all state lawmakers)◦ Over 200 corporate and special interest members
Revenue (2008)◦ $7 million budget◦ 1.3% from legislators◦ 81.7% from corporations
AMERICAN LEGISLATIVEEXCHANGE COUNCIL
Focus on concerns of member industries Nine task forces approve model legislation
◦ Corporate members buy access◦ Legislation drafted by industry representatives◦ Shook, Hardy and Bacon LLP
Three annual meetings◦ “networking opportunities”◦ FUN!
“Educational activities”◦ Reports, scorecards, toolkits
THE ALEC MODEL
Hundreds of bills introduced annually Average success rate: 17% 2009
◦ 826 bills introduced◦ 115 enacted◦ 14% success rate◦ Several states passed 8 bills◦ 38 states passed at least 1 bill
Some years implementation rate has reached 38%
ALEC’S SUCCESS
At least 1 dozen ALEC members do prison business
ALEC prison industry members◦ Corrections: CCA, Geo Group, Wackenhut
Corrections (now G4S)◦ Dining: Sodexo Marriot◦ Construction: Turner Construction◦ Phone: AT&T and GTE
ALEC AND THE PRISON INDUSTRY
ALEC “really took the forefront in promoting” incarceration during the 1990s.
Truth-in-sentencing, three-strikes (habitual offender), and mandatory minimum sentencing laws
1991: Partnered with NRA for “CrimeStrike” campaign 40 states passed truth-in-sentencing 25 states passed three-strikes 1990s
◦ Prison construction boomed◦ Incarceration rate doubled◦ Prison population expanded by one-half million people◦ Private jailers made millions
ALEC AND THE PRISON INDUSTRY
ALEC ANDARIZONA’S SB1070
Prohibits sanctuary policies Criminalizes day labor Makes transporting and “harboring”
undocumented people a misdemeanor *Requires law enforcement to determine
immigration status during lawful stop *Requires non-citizens to carry I.D. *Makes soliciting and performing work
illegal for undocumented people*Enjoined by federal judge Susan Bolton, 7/28/10
SB 1070
“Arizona’s, and the nation’s, most outspoken advocate for stopping the illegal invasion, securing our borders and enforcing our laws”
AZ SENATOR RUSSELL PEARCE
36 AZ state legislators are ALEC members◦ 40% of state legislature
Public Safety and Elections Task Force◦ Pearce◦ CCA◦ American Bail Coalition◦ National Rifle Association
1070’S PATH TO LAW
Drafted by Kris Kobach (F.A.I.R.) Introduced at December 2009 State and
Nation Policy Summit in Washington, D.C. Unanimously approved by Public Safety and
Elections Task Force Became “No Sanctuary Cities for Illegal
Immigrants Act”
1070’S PATH TO LAW
Introduced to AZ state legislature in January Co-sponsored by 36 legislators
◦ 2/3 ALEC members◦ 30 receive donations from prison industry
SB1070 signed April 23
1070’S PATH TO LAW
24 states introduced similar bills Laws passed in Utah, Indiana, Georgia,
Alabama and Utah
“Copycats”
Drafted by lawyer and corporate member Support from ALEC members ALEC never intervened directly Similar legislation appeared throughout
nation
TYPICAL ALEC
RESISTANCE TO BORDERS, PRISONS, COLONIALISM
AND ALEC
The Westin Kierland Resort & Spa 6902 E. Greenway Parkway Scottsdale, AZ 85254
CONVERGENCE AGAINST ALEC November, 2011 - Phoenix, AZ
Tuesday, November 29th◦ Spokescouncils◦ Trainings
Wednesday, November 30th◦ Shut it down
Thursday, December 1st◦ Decentralized actions throughout Phoenix
Friday, December 2nd◦ Decentralized actions throughout Phoenix◦ March during First Friday in downtown
Saturday, December 3rd◦ Conference
Workshops and presentations on ongoing struggles in Arizona
CONVERGENCE SCHEDULE
azresistsalec.wordpress.com/ ◦ More information about ALEC and updates on the convergence
planned for this November. alecexposed.org/
◦ A database of all the recently-leaked ALEC model legislation and a wealth of other information.
inthesetimes.com/article/6084/corporate_con_game/◦ The first article to expose ALEC’s role in crafting and promoting
Arizona’s SB1070. alecwatch.org/report.html
◦ A detailed examination’s of ALEC’s history, operating model and influence on state legislatures.
chaparralrespectsnoborders.blogspot.com/◦ Information about ongoing resistance in Arizona as well as resources
related to ALEC and prisons.
FOR MORE INFORMATION