ICE Is Circumventing CA State Law on Private Prison Abolition

Media Contact: Rebekah Entralgo, rentralgo@freedomforimmigrants.org (786) 897-4080

The California Congressional delegation submitted a four-page letter to the acting heads of the U.S. Department of Homeland Security (DHS)  and U.S. Immigration and Customs Enforcement (ICE) Thursday, demanding transparency over its recent bids for four private prison facilities in the state. This recent attempt by ICE to expand immigration detention in California is in direct opposition of AB 32, a bill which would phase out the use of private, for-profit prisons and immigration detention centers beginning Jan. 1, 2020. ICE posted the first solicitation on the Federal Business Opportunities website on Oct. 16,  just five days after California Gov. Gavin Newsom signed the bill into law. 

By outlining in it its solicitation that immigrant prisons must be “turnkey ready,” ICE is ensuring that private prison companies like GEO Group and CoreCivic who already own and operate immigration detention facilities in California are given advantage. This blatantly violates federal procurement law.

"ICE is clearly attempting to circumvent California state law via opaque and legally questionable contracting. Sadly, this lack of transparency is not limited to ICE's operations in California. We thank Senator Harris and Representatives Lofgren and Nadler for demanding that ICE be held accountable for its use of taxpayer dollars. Transparency in federal spending is critically important as we enter into a new round of appropriations negotiations. We must defund detention," said Sarah Gardiner, Director of Policy at Freedom for Immigrants.

In their letter, lawmakers have requested transparency from ICE on the solicitation, including:

  • Information, communications and documentation related to the preparation and publication of the solicitation;

  • Written materials related to ICE’s decision to utilize the combined synopsis and solicitation procedures;

  • Communications relating to or referring to AB 32, including all communications between the federal agencies and the private operators regarding AB 32

“Given the timing and terms of this Solicitation — particularly in light of ICE’s history of suspect contract activities and insufficient oversight — we are understandably concerned that the Solicitation is intended to favor incumbent contractors,” the lawmakers wrote. “If so, these efforts would be in direct contradiction with the spirit of full and open competition required by federal procurement law.”


The private prison industry exists solely to make hundreds of billions of dollars off the backs of people behind bars. Its executives are beholden to shareholders, not the American people. Knowing this, Californians have repeatedly voiced their opposition to mass incarceration by voting for lawmakers that passed AB 32 in the state assembly by a vote of 61-13 and 33-6 in the state senate. California is done with detention and immigration advocates will fight to ensure it stays that way.