Lofgren, Padilla, Correa, CA Dems Call for DHS Investigation of CA Detention Centers Following Allegations of Abusive & Retaliatory Behavior Toward Detainees

WASHINGTON, DC – Following a formal civil liberties complaint about and reports of abusive and retaliatory behavior toward detainees at the Mesa Verde Detention Facility and Golden State Annex in California, U.S. Representatives Zoe Lofgren (CA-19), Chair of the House Subcommittee on Immigration and Citizenship, and Lou Correa (CA-46), Member of the Subcommittee, and U.S. Senator Alex Padilla, Chair of the Senate Subcommittee on Immigration, Citizenship, and Border Safety, today led 13 of their California Democratic Congressional Delegation colleagues in requesting an investigation by the Biden Administration into the allegations. In their letter, the Members called on the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) to end the federal government's contract with both private facilities if the reported actions are confirmed.

The complaint, filed by the Centro Legal de la Raza, California Collaborative for Immigrant Justice, Innovation Law Lab, Freedom for Immigrants, ACLU Foundation of Northern California and the ACLU Foundation of Southern California, describes the conditions in the two facilities as "toxic and deadly," and provides descriptions from nine detainees who engaged in collective bargaining and were subsequently put in solitary confinement or lost access to commissary.

The Members wrote, "It is critical that ICE conduct a full and complete review of the reports of disturbing conditions and abusive and retaliatory behavior towards detainees at both facilities. If the allegations made in this complaint are confirmed, we would ask that DHS end those contracts and prioritize the safety of individuals who are subjected to such conditions."

The letter cites examples of both unsafe and unjust living conditions for DHS and ICE to investigate, including detainees being served spoiled milk and inedible food with insects and facility staff improperly using solitary confinement.

In addition to Lofgren, Correa, and Padilla, the letter was signed by Reps. Karen Bass (CA-37), Julia Brownley (CA-26), Mark DeSaulnier (CA-11), Nanette Diaz-Barragan (CA-44), Jimmy Gomez (CA-34), Jared Huffman (CA-02) Sara Jacobs (CA-53), Alan Lowenthal (CA-47), Grace Napolitano (CA-32), Raul Ruiz (CA-36), Adam Schiff (CA-28), Mike Thompson (CA-05), and Norma Torres (CA-35).

Full text of the letter can be downloaded here and is copied below.

The Honorable Alejandro Mayorkas
Secretary
U.S. Department of Homeland Security
Washington, DC 20528

Mr. Tae Johnson
Acting Director
Immigraiton and Customs Enforcement
Washington, DC 20536

Dear Secretary Mayorkas and Acting Director Johnson,

Last year, our offices, along with other members of the California congressional delegation, sent a letter with respect to the substandard operation, repeated violations of the Immigration and Customs Enforcement ("ICE") Performance-Based National Detention Standards (PBNDS), and excessive waste of federal funds across various immigration detention facilities in the state of California. We now write to follow up on a recent complaint filed this week describing disturbing conditions and abusive and retaliatory behavior towards detainees by facility staff at the Mesa Verde Detention Facility ("Mesa Verde") and Golden State Annex ("Golden State"), both of which are run by the GEO Group ("GEO"). We request that you initiate an investigation and conduct a thorough review of existing agreements with the private prison contractor running these facilities.

Golden State Annex

As of the delivery date of this letter, detained workers at Golden State Annex have been on a labor strike for over 70 days. The detainees have voiced concerns about dangerous work conditions, their $1-a-day pay rate, lack of nutritional meals, access to medical care, high commissary costs and prices for calls, unsafe living conditions, disrespectful behavior from staff, and the lack of a meaningful grievance process.

Most concerning, detainees state they have been exposed to dangerous health risks throughout the facility. A recent report found that detainees are consistently served spoiled milk and inedible food with foreign objects in them, including insects. It is our understanding that California's Division of Occupational Safety and Health, ("CalOSHA"), is investigating labor conditions, in response to a complaint from detained workers alleging serious health and safety violations at the facility.

Mesa Verde ICE Processing Center

Detained workers at Mesa Verde have now been on labor strike for more than 100 days. According to the complaint, multiple individuals detained at Mesa Verde have faced retaliation for asserting their right to decline participation in the "voluntary" work program, as well as for filing formal complaints documenting unjust conditions. There are deeply alarming reports that GEO staff are refusing to investigate complaints by detainees who declined to participate in the "voluntary" work program, and even putting individuals in solitary confinement as retaliation against them. Detainees have the right to opt out of the volunteer worker program and seek better conditions without facing retaliation for doing so.

Conclusion

It is critical that ICE conduct a full and complete review of the reports of disturbing conditions and abusive and retaliatory behavior towards detainees at both facilities. If the allegations made in this complaint are confirmed, we would ask that DHS end those contracts and prioritize the safety of individuals who are subjected to such conditions. It is also imperative that nonviolent detainees are notmerely transferred to another facility away from their support networks, legal representation and families, but are instead released on alternatives to detention and case management.

Thank you for your consideration of this urgent matter.

Sincerely,

1. Performance-Based National Detention Standards 2011, Immigration and Customs Enforcement (accessed September 2022), https://www.ice.gov/doclib/detention-standards/2011/pbnds2011r2016.pdf.

2. Lofgren, Correa, CA Dems Urge DHS to Close Three ICE Detention Centers, Press Releases (Oct. 21, 2021), https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers.

3. Starving for Justice: The Deinal of Proper Nutrition in Immigration Detention, California Collaborative For Immigrant Justice, https://mcusercontent.com/a91618620a3ae7646a2d8355a/files/0b00293d-5bb8-99af-3325-be71f3a1e9ce/Starving_for_Justice_CCIJ_Food_Report.pdf.

4. Farida Jhabvala Romero, Immigrant Detainees Strike Over Working Conditions, California Regulators Investigate, KQED ( June 22, 2022), https://www.kqed.org/news/11917597/immigrant-detainees-strike-over-working-conditions-california-regulators-investigate.

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