Under the terms of a 1997 settlement in the case of Flores v. Meese, children who enter the country without their parents must be granted a “general policy favoring release” to the custody of relatives or a foster program. When there is cause to detain a child, he or she must be housed in the least restrictive environment possible, kept away from unrelated adults and provided access to medical care, exercise and adequate education.As I wrote back in December, this reversal has less to do with any "crisis" at the border, and more about effective private prison lobbying for new, family-style concentration camps.
Even so, in 2005, the administration of George W. Bush decided to deny the Flores protections to refugee children traveling with their parents. Instead of a “general policy favoring release,” the administration began to incarcerate hundreds of those families for months at a time. To house them, officials opened the T. Don Hutto Family Detention Center near Austin, Tex. Within a year, the administration faced a lawsuit over the facility’s conditions. Legal filings describe young children forced to wear prison jumpsuits, to live in dormitory housing, to use toilets exposed to public view and to sleep with the lights on, even while being denied access to appropriate schooling.
In 2009, the Obama administration reversed course, abolishing family detention at Hutto and leaving only a small facility in Pennsylvania to house refugee families in exceptional circumstances. For all other refugee families, the administration returned to a policy of release to await trial. Studies have shown that nearly all detainees who are released from custody with some form of monitoring will appear for their court date. But when the number of refugees from Central America spiked last summer, the administration abruptly announced plans to resume family detention.
By late spring, the construction of the new facility at Dilley should be complete. It already represents a drastic departure from the refugee camp in Artesia. Managed by the Corrections Corporation of America, the largest private prison company in the country, the South Texas Family Residential Center has its own promotional website with promissory images of the spacious classrooms, libraries, play areas and lounges that will eventually be available to refugees in long-term detention.Good times. I really have no other editorial commentary on this that differs from my post in December. The article is a long-read, but it keeps making the same point over and over: family concentration camps exist in the United States today.
Many advocates have expressed concerns about the Dilley facility as well. Its management company, C.C.A., is the same firm that ran the Hutto detention center, and it has been at the center of other significant controversies in recent years. In 2006, federal investigators reported that conditions at a C.C.A. immigration jail in Eloy, Ariz., were so lacking that “detainee welfare is in jeopardy.” Last March, the F.B.I. started an investigation of C.C.A. over a facility the company ran in Idaho, known by inmates as the “Gladiator School” because of unchecked fighting; in 2010, a video surfaced of guards watching one inmate beat another into a coma. Two years ago, C.C.A. executives admitted to fraud in their government contracts at the prison, including 4,800 hours of falsified business records.
The management contract at Dilley was also created with unusual terms. In their hurry to open the new facility, officials for the Obama administration bypassed normal bidding procedures and established Dilley under an existing contract for the troubled C.C.A. jail in Eloy. Although the Dilley camp is nearly 1,000 miles away from Eloy, all federal funding for the new camp in Texas will flow through the small town in Arizona, which will keep $438,000 of the annual operating budget as compensation. Eloy city officials say they do not expect to monitor, or even visit, the Dilley facility.
BTW, the title of the post is Spanish for Arbeit Macht Frie, the German phrase (Work Makes You Free) that hung over the entrance of Auschwitz. Hopefully CCA won't plaster this at the gates of the Dilley Concentration Camp when it opens this spring.