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ONE DOLLAR PER DAY: THE SLAVING WAGES OF IMMIGRATION JAIL WORK PROGRAMS

A History and Legal Analysis, 1943 - present

source materials and updates from ongoing litigation over work conditions and information


*Motions and Orders from Menocal et al v. GEO 2014

*Motions and Orders from Whyte v. Suffolk County2015

*Motions and Orders from Owino and Gomez v. Core Civic 2017

*Contracts and Compliance Reviews

*Invoices and Payments

*Grievances



 Documents released from ongoing class action litigation in Alejandro Menocal et al. v. GEO Group, Inc., case 1:14-cv-02887, U.S. District Court, Colorado. 

Original Complaint- Menocal et al. v. GEO Group, Inc.
, 10/21/2014 (Doc. 1, 21 pages)

Order Denying Motion to Dismiss, 7/6/2015(Doc. 23, 14 pages)

Def. Motion for Reconsideration of Order Denying GEO's Motion to Dismiss,08/04/2015 (Doc. 29, 32 pages)

Pl. Motion to Strike Motion to Reconsider, 08/24/2015 (Doc. 31, 4 pages)

Order Denying Motion to Reconsider Denial of Motion to Dismiss, 8/26/2015, (Doc. 33, 3 pages)

Def. Motion to Stay Pending Interlocutory Appeal, 09/22/2015 (26 pages).

Order denying GEO Motion for Interlocutory Appeal,3/17/2016 (Doc. 48, 4 pages)

Motion for Class Certification and Appointment of Class Counsel, 05/06/2016 (Doc. 49, 27 pages), plus attachments below.

Attachment 1: Register of wage determinations under the Service Contract Act in Colorado, list of occupations and corresponding hourly wage (10 pages).
Attachment 2: Declaration of Alejandro Menocal Lepe (2 pages).
Attachment 3: Declaration of Grisel Xahuentitla-Flores (2 pages).
Attachment 4: Declaration of Lourdes Argueta (2 pages).
Attachment 5: Declaration of Jesus Gaytan (2 pages).
Attachment 6: Declaration of Demtrio A. Valerga (2 pages).
Attachment 7: Declaration of Carlos Eliezer Ortiz Mu&ntildeoz (2 pages).
Attachment 8: Declaration of Alejandro Hernandez Torres (2 pages).
Attachment 9: Declaration of Adriana Mendoza Castellanos (2 pages)
Attachment 10: Declaration of Brandt P. Milstein (2 pages)

Deposition of GEO Asst. Warden Dawn Ceja: conducted 03/29/2016,(74 pages)

Deposition of Melody Jean Furst: taken on behalf of the GEO Group, conducted 03/29/2016, filed 05/06/2016 (24 pages)

Aurora Sanitary Procedures Manual: Policy and procedure manual for the Aurora/ICE Processing Center by the GEO Group, filed 05/06/2016 (12 pages)

Aurora Detainee Work Plan Manual: Policy and procedure manual for the Aurora/ICE Processing Center by the GEO Group, filed 05/06/2016 (24 pages)

Detainee Grievance Forms: complaints from Alejandro Menocal Lepe and Marcos Brambila concerning pricing and detainee pay, filed 05/06/2016 (4 pages)

Detainee Handbook Local Supplement: supplement for the Aurora Processing Center with regulations for detainees, published by the GEO Group, filed 05/06/2016 (27 pages)

Man Days Billing Report Status Detail: billing status information for detainees between 11/1/2012 and 11/30/2012 for the Aurora Detention Center, filed 05/06/2016 (18 pages) ---------------------------------------

Judge Kane's Order Certifying Class, 2/27/2017. (Doc. 57, 21 pages).

GEO Petitioner, Appellate Court Documents, Case no. 17-701

GEO Petition to Appeal Judge Kane Order Certifying Class, 3/13/2017 (#01019778492, 34 pages)

Grant of Petitioner's Appeal, 4/11/2017 (#01019793218, 1 page)

Anthony Whyte v. Suffolk County Sheriff, Superior Court Civil Case no. 15-00444-E 

Anthony Whyte Affidavit of Indigency, 02/11/2015, 2 pages

Whyte Complaint, 02/18/2015, 9 pages

Motion to Vacate Hearing on Indigency and Fee Waiver, 2/19/2015, 8 pages

Suffolk County Motion to Dismiss, 5/4/2015, 19 pages

Order and Memorandum Granting Motion to Dismiss, 1/8/2016, 7 pages

    Massachusetts Appellate Court 2016-P-0751

Appellant Brief (Whyte), 07/25/2016, 32 pages

Appellee Brief (Suffolk County), 09/28/2016, 34 pages

Appellant Reply Brief (Whyte), 10/12/2016, 19 pages

State Appellate Panel Order, aff. lower court order, unpublished, 05/16/2017, 4 pages

Sylvester Owino and Jonathan Gomez et al. v. CoreCivic, case no. 3:17-cv-01112-jls-nls

Complaint, 05/31/2017, 36 pages

 
CONTRACTS AND COMPLIANCE REVIEWS

Many of the contracts and Requests for Proposals (RFPs) are publicly available but practically obscure.
 
The payments for specific sites were released to me following FOIA requests.
Older ones were collected from the FOIA Reading Room.

Fed Biz Opps provides detailed information to contractors so they may prepare their bids; the packages here range from a single pdf of a few pages for a renewal to over a dozen of documents, some several hundred pages. Fed Biz Opps only maintains these packages for 365 days. Documents no longer available on that site have been uploaded to this website.


There are three categories of contracts:  
1) Between ICE and the private prison or security firms, e.g., ICE contracts with GEO to run the Tacoma facility.  
These are the most likely to include explicit reference to "Detainee Work" and pay at $1 per day.    Codes for this refer either to federal occupation categories of "guard service" or "food service."
Some of the contracts have the dollar amounts for either the rate or total budgeted redacted.  

2) Between ICE and cities or counties, called Intergovernmentmental Service Agreements and abbreviated by the government usually as IGSAs and sometimes as ISAs.  

2a.  If the contract contemplates a private subcontractor then it may include reference to "Detainee Work" and pay at $1 per day.  Codes for this refer either to federal occupation categories of "guard service" or "food service."  An example of this is the contract between ICE and the City of Adelanto.  I am presently litigating the redaction of the specific information on the detainee pay from these agreements and also the failure of ICE to provide the contract between the City of Adelanto and the subcontractor, GEO.  In these arrangements, the cities or counties receive what is effectively a kickback.  In exchange for greasing the wheels with the federal government, the local governments receive a three to five percent per diem cut of the payments from the federal government to the firm.

2b.  If the contract is with a city or county and the guard duties are performed exclusively by unionized city or county guards in facilities also housing criminal inmates, i.e., jails or prisons, then ICE tends to omit reference to the Detainee Work program altogether.  This appears to be in keeping with the federal government policy for contracting space for federal criminal inmates, as ICE contracts lift language from the Convict Work regulations, even though ICE has custody only over civil detainees.  There is also regional variation.

The contracts usually go out for several years.   The 2013 Request for Proposals for the contract at the Krome facility in Miami, Florida, for instance, goes out to 2024.
 

Some are indefinite and are simply renewed with addenda for increases in the per diem compensation, per the terms of the initial contract.  A contract signed in, say, 2008, therefore, may be still largely in effect today.


Adelanto, California, IGSA Group, subcontractor   

Contract for 2011-2016 EROIGSA-11-0003 (2011)(235 pages)

Contract with Schedules and Compliance Standards EROIGSA-11-003 (2011) (409 pages)

FOIA Appeal, remanded, now in litigation.ICE FOIA response includes unlawful redaction of amounts and unlawful withholding of contract between Adelanto and GEO.  Work program referenced but not amounts of payments.

p. 6  Total amount of award: almost $175 million


p. 32  References Voluntary Work Program, boilerplate description. 

Almance County, North Carolina

Almance County, North Carolina, 2007
Highlights
p. 1 $61/day payments per detainee
p. 6  Explicitly prohibits "employment of unauthorized aliens" and indicates only work performed by detainees should be cleaning of their personal area, but also references addenda that are not included.
p. 8  Indicates ICE payment policy since 1999 that was not followed for payments from 2000 to 2009 for resident work program at El Centro.  "The Service Provider shall provide ICE with the
information needed to make payments by electronic funds transfer (EFT). Since January 1, 1999, ICE makes all payments only by EFT [Electronic Fund Transfer]."  However, the FOIA release from El Centro indicates the program was balanced by INS and then ICE through "Imprest Reports."  Imprest funds are petty cash.  The Paper discusses the Department of Treasury's (DOT) prohibition of using these funds for programs such as detainee pay.  The use of imprest funds in violation of ICE and DOT policy calls into question the accuracy of ICE data on its payments for this program.

This language appears in several other but not all ICE contracts and is quoted here to underscore the irregularity of the imprest fund payments when and if they occur.

-No reference to a Detainee Work Program, highlighting program's use to defray costs for private providers and not to further official policy appearing in the Performance Based National Detention Standards.

Aurora, Colorado, GEO Group

Amendments to Contract (2005) (46 pages)

p.7 "Manage a Detainee Work Program"

p. 8 Model Quality Assurance Plan.

Contract 2006 (326 pages)

Broward, Pompano Beach, Florida

Contract 2009 (7 pages)

Sections A and B only. p.2 and 3:Detainee Volunteer Work Program.

Cobb County, Georgia, 2008  
Contract, 2008
Highlights
p. 2  $42.58/day payments per detainee
p. 8  Explicitly prohibits "employment of unauthorized aliens" and indicates only work performed by detainees should be cleaning of their personal area, but also references addenda that are not included.
-No reference to a Detainee Work Program as referenced in the Performance Based National Detention Standards, highlighting program's use to defray costs for private providers and not to further the stated policy.
 

Denver, CO, Solicitation for New Contractor Owned and Operated Detention Facility, 2011 (through 2017)

Statement of Objectives (SOO) (4 pages)
p. 1.  Points out that the language in the RFP will be part of the contract: "In response to the Government’s solicitation and SOO, offerors shall propose a Performance Work Statement (PWS) that both complies with ICE operational and legal requirements and specifically correlates with the offeror’s proposed solution. Accordingly, the final PWS will become a part of the resultant contract."

p. 2.  525 bed facility (497 male, 28 female)--

p. 3  ICE data on length of stay:  "During FY2010, 90% of the ICE detainee population was housed for two months or less; 51% of that population were housed for two weeks or less, and 25% were housed for one to three days."  
About half held for more than two weeks.  This is the population that would be most likely to participate in the work program, although even those held for just a few days have reported their participation.  
(Also, ICE data on this are misleading--those in ICE custody are frequently moved.  For purposes of the data above, ICE starts the clock over.  

An NGO recently received a FOIA release on time in detention for a specific day among all those held and the average is significantly higher.  Source: Director of NGO, findings have not yet released, May, 2014.)

Amendment 1 (4 pages)
Q and A about information, inlcluding pricing, staffing, and management  

Amendment 2 (4 pages)
Q and A about information.  
p. 2  "The average daily population is 417."

Statement on Deliverables   (3 pages)
p. 3  Requires information on "Detainee Work Clearances" -- indicating expecation of Detainee Work for private contractor

Quality Assurance (27 pages)
p. 9  5% weighting of "Justice," which covers how the contractor handles grievances, including those about work:  
"A Contract Discrepancy Report that cites violations of PBNDS [Performance Based National Detention Standards]
 and PWS [Performance Work Scope] sections that treat detainees fairly and respect their legal rights, permits the Contract Officer to withhold or deduct up to 5% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section."   In other words, if a facility does not respect the rights of those in its custody,  including responding to grievances about forced work, the worst that happens is that it loses 5% of its contract for a limited period, though this funding could be only withheld.

p. 20  Food Service:  "Detainees receive safety and appropriate equipment training prior to beginning work in department."

p. 24  Evaluation Sheet, includes requirements for maintaining data on "Voluntary Work Program" participation and pay 

Solicitation--includes language for extensions through 2017 (127 pages)
p. 4, Reference to "Detainee Work":
"Stipend for Detainee Work Program - Reimbursement 76650 DA
for this line item will be at actual cost of
$1.00 per day per detainee. The contractor shall
not exceed the quantity shown without prior
approval by the Contracting Officer.
Product/Service Code: S206
Product/Service Description: GUARD SERVICES"

The parallel column as well states that the total days of employment available for $1 per day pay is 76650 and the "unit" is "DA."

At 100% use of reimbursed stipend = 76650 days of work at 58/day =  $4,445,700 for work performed at $7.25 hr/8 hour day.  Savings to private firm =  $4,369,050
At 90% use of reimbursed stipend =   68985 days of work at 58/day =  $4,001,130 for work performed at $7.25 hr/8 hour day.  Savings to private firm = $3,932,145

Estimates for Number of People Working
Maximum monthly wage for each ICE resident = $20 (5 days at $1 per day)--rules do not permit more than 40 hours work/week and each shift counts as up to 8 hours.  

Total monthly stipend spent at 100% = $6388
Number of people potentially employed in one month is between 319  (6388/$20) and 6,388 (if people cycled through at fastest rate possible and everyone worked for one day at $1)
For one day average minimum number also is 319.  

Total monthly stipend spent at 90% = $5749  (if firm does not use entire budget)  (El Centro used 92% of budget)
Total number of people potentially employed in one month is between 287 (5749/20) and 5749 (if people cycled through at fastest rate possible and everyone worked for one day at $1).  

For one day at 90% of amount budgeted for "Detainee Work," the average number working would be 191, or 44 percent of those in ICE custody at this facility on any given day.

E-QIP procedures for applicants
(28 pages), instructions for applicant to complete E-QIP procedures for hiring purposes

Past Performance Information Form (1 page), worksheet to identify contract performances

EL CENTRO, California (CLOSED)

Ahtna Technical Services
(2001-2009), 462 pages

Solicitation 2009 93 pages 

Contract 2009 (166 pages)

Missing Sections A and B.

Table of El Centro Actual Disbursements November 2009 to October 2010

El Centro Additional Attachments Including Post Positions, Collective Bargaining Agreement for Detention Officers, Wage Determination for Food Personnel, Seniority Listing, Deliverables (Detention and Transportation Service), Delivarables (Food Service), Past Performance Questionnaire, Post Performance Information Form, and E-QIP Guidance

El Centro Questions and Answers Contractor questions related to to contractor roles, financial responsibilities, and procedures for interacting with inmates


El Paso, Texas, PSC

Performance Work Statement (90 pages)

Elizabeth City, New Jersey, CCA

2005 to 2023, including option periods
 (139 pages)

p. 27
"The detainee work plan must be voluntary, and may include work or program assignments for industrial, maintenance,
custodial, service or other jobs. The detainee work program shall not conflict with any other requirements of the contract and must comply with all applicable laws and regulations. (Technical Exhibit 7 - ICE Voluntary Work Program
p. 83
Exhibit 7 Form indicating pay at $1/day.  No maximum amount in contract.

Annual Compliance Review (2012)

Orders and Amendments to 2005 Contract (128 pages)


Eloy, Arizona CCA


(2006-09) 

Contract omits reference to Detainee Work program, but facility does have this program.

Gastonia, North Carolina (Gaston County)

Gaston County Jail 2007 (19 pages)
No reference to detainee work program


Florence, (SPC) Arizona

Scope of Work Questions and Responses, 2009 (56 pages)

p. 32
"140. Assuming detainee cleaning crews (in addition to detainees in residence) clean
housing units, there does not appear to be a post associated with “housekeeping”.
Does the contractor provide any janitorial labor/or a detainee labor supervisor?
A: Housing Officers supervise housing unit cleaning, escorts/compound
supervise outside details.

143. Section C, Subsection 6 (page 38): Can detainees be used to provide laundry
services as part of their paid work?
A: Yes.

144. Subsection 6 Detainee work details: Can ICE provide a range or estimate of
how many hours or days of detainee work details there are? Can these work details
generally be monitored by positions listed in Attachment 1 or are extra people
needed for this task? What tasks do detainees regularly perform?
A: The RFP will be revised to reflect an estimated quantity of 80,000 hours
annually for CLIN 0003. Reimbursement for this line item will be at actual cost.
The offeror is responsible for providing a solution to the requirements. Some of
the duties detainees perform include laundry, food service and janitorial."

Solicitation, 2009, Amended (122 pages)

p. 2
"Question 144 The response is changed to read
“The RFP will be revised to reflect an estimated
quantity of 54,531 detainee work days per year
for CLIN 0003. Offerors should propose $1.00 per
detainee work day for 54,531 days."

ADP for 2009  = 383  

54531 days of work at 58/day =  $3,162,798 for work performed at $7.25 hr/8 hour day.  Savings to private firm =  $3,108,267
At 90% use of reimbursed stipend =   68985 days of work at 58/day =  $4,001,130 for work performed at $7.25 hr/8 hour day.  Savings to private firm = $3,932,145

Estimates for Number of People Working
Maximum monthly wage for each ICE resident = $20 (5 days at $1 per day)--rules do not permit more than 40 hours work/week and each shift counts as up to 8 hours.  

Total monthly stipend spent at 100% = $6388
Number of people potentially employed in one month is between 319  (6388/$20) and 6,388 (if people cycled through at fastest rate possible and everyone worked for one day at $1)
For one day average minimum number also is 319.  

Total monthly stipend spent at 90% = $5749  (if firm does not use entire budget)  (El Centro used 92% of budget)
Total number of people potentially employed in one month is between 287 (5749/20) and 5749 (if people cycled through at fastest rate possible and everyone worked for one day at $1).  

For one day at 90% of amount budgeted for "Detainee Work," the average number working would be 191, or 44 percent of those in ICE custody at this facility on any given day.


Henderson, UT

Annual Compliance Review (2012)


Houston, Texas (CCA)

Contract 2003-09  (246 pages)
p. 3 References "detainee wages" at $1 per day, no maximum amount indicated for any of the periods, as opposed to all other contract line items

p. 8
Indefinite contract

p. 51
Contractor shall prepare meals on site

p. 53
Canteen proceeds to go to detainee recreation/welfare fund
p. 212
CCA letter to ICE requesting increased compensation because of increased wages, states
CCA has held 317,042 detainees in 12 months of 2006-07.

p. 242  Adult Detainee Wages listed at annual $95265  (all other years this amount is redacted, appearance here appears to be accidental compliance with the FOIA law)  (2007)

Houston ADP 2007 = 864

At 100% use of reimbursed stipend = 95265 days of work at 58/day =  $5,525,370 for work performed at $7.25 hr/8 hour day.  
Savings to private firm =  $5,430,105
At 90% use of reimbursed stipend =   days of work at 58/day =  $4,972,833 for work performed at $7.25 hr/8 hour day.
  
Savings to private firm = $4,887,094

Estimates for Number of People Working
Maximum monthly wage for each ICE resident = $20 (5 days at $1 per day)--rules do not permit more than 40 hours work/week and each shift counts as up to 8 hours.  

Total monthly stipend spent at 100% = $7939
Number of people potentially employed in one month is between 397  (7939/$20) and 7939 (if people cycled through at fastest rate possible and everyone worked for one day at $1)
Average Daily Employment  = 265 (7939/30 days), or 30% (265/864).  

Total monthly stipend spent at 90% = $7145 (if firm does not use entire budget)  (El Centro used 92% of budget)
Total number of people potentially employed in one month is between 357 (7145/20) and 7145 (if people cycled through at fastest rate possible and everyone worked for one day at $1).  

For one day at 90% of amount budgeted for "Detainee Work," the Average Daily Employment would be 238, or 28%.


Houston CCA, 2009-10 (7 pages)

p. 3  Funding in support of Detainee Volunteer Wages 20000

Performance Work Statement (156 pages)


Justification and Authority, 2014 (to renew CCA contract without open bidding) (5 pages)

p. 1  "The contract expires on March 31, 2014.  The current value of HSCEDM-09-D-00007 is $182,749,821.76.  This extension would raise the value ... to $222,000,854.71."

p. 2  "The re-competition of this requirement has undergone significant delays due to unexpected budgetary constraints.  A new contract cannot be awarded before the current contract expires on March 31, 2014."

p. 3  Indicates that it posted a Request for Information in 2012 and of the 5 potential bidders -- CCA, The GEO Group, Community Education Centers, In, Jaguar Security, Inc., and Management and Training Corporation, and that only CCA was qualified.

p. 4  Detainee Volunteer Wages Qty 21,000 Unit Price $1.00/day.  
ICE is referring to these payments as "wages."

NOTE:  Reports from individuals held by ICE in Houston, CCA reveal off-the-book compensation in food and desirable shifts, as well as coercion. Therefore, the lower range of actual payments demonstrably does not reflect work performed. Please see the accounts of Frank Serna and Robinson Martinez.  

Joe Curley Detention Facility, Montgomery, Texas

IGSA (2008) (24 pages)

Karnes County, Texas (GEO)

IGSA 2010 (154 pages)

p. 4  $58/ to $68/per diem

p. 83 Detainee Work Program
"The detainee work plan must be voluntary, and may include work or program
assignments for industrial, maintenance, custodial, service, or other jobs."

p. 87  
Restrictions on commissary profits, must benefit detainees.

p. 131
"9. DETAINEE OR MEMBER OF THE PUBLIC COMPLAINTS
The detainee and the public are the ultimate recipients of the services identified in this
Agreement. Any complaints made known to the COTR will be logged and forwarded to the
Service Provider for remedy. Upon notification, the Service Provider shall be given a prespecified
number of hours after verbal notification from the COTR to address the issue."

p. 135
"Justice" section of Performance Requirements at 5%.

p. 139, and p. 149
Detainee Work Assignments to be reported monthly

p. 145
Detainees part of food service plan


GEO Contract for Providing Guard Services From 10/1/2008 through 6/25/2010

GEO Detainee Pay For July, 2009

GEO Voluntary Work Procedures From GEO LaSalle Contract Detention Facility in September, 2015

KENOSHA COUNTY, WI

Annual Compliance Review (2011)   


Krome Detention Facility, Miami, FL (AKAL Security)


Contract (2015) (662 pages)

Food Service (2012) (2 pages)
Table on 14/30 ratio of Detainee Workers/Legally Paid Workers

30 x 365 =  

Payments by category through 2024
p. 2  Detainee Wages, refers to "Evaluation Program" for portion used for Food Services, (even though this is standard operating procedure already.  Uses same language of "evaluation only" through 2024.

"Expenses for this CLIN shall not exceed $3,000 per month. Contractor shall be reimbursed on the award document for expenses as incurred. Detainees earn $1.00 per day.
$30,000 will be used for the purposes of evaluation only.

Product/Service Code: S203
Product/Service Description: Food Services
Period of Performance: 02/01/2014 to 11/30/2014"


Solicitation Contract Sections A and B (2012) (31 pages)
p. 4  Detainee Wages for 6/2013 to 8/2014 listed at $9150, at $10,950 for 12 months in subsequent years.

Note:
30 food workers/day x 365 = 10950

Krome ADP 2013 = 568

At 100% use of reimbursed stipend = 30000 days of work at 58/day =  $1,740,000 for work performed at $7.25 hr/8 hour day.  
Savings to private firm =  $1,710,000  

Estimates for Number of People Working
Maximum monthly wage for each ICE resident = $20 (5 days at $1 per day)--rules do not permit more than 40 hours work/week and each shift counts as up to 8 hours.  

Total monthly stipend spent at 100% = $2500 
Number of people potentially employed in one month is between 125  (2500/$20) and 2,500 (if people cycled through at fastest rate possible and everyone worked for one day at $1)
Average number is 83, or 15%  
NOTE:  Not clear if 30,000 includes Food Service Detainee Wages.
This would mean an additional 30 workers/day for a total of 113, or Average Daily Employment of 20%.  Also, language in Scope of Work requirement for new manual and odd budgeting as "evaluation" indicates possible current payments outside work program budget.
 

Solicitation Section C (PWS) (2012) 61 pages

Statement of Objectives (2012)

pp. 21-3  Detainee Work Program, standard language on this.  
"Submit a food service staffing plan and shall maintain this staffing in accordance with the Staffing Plan. Detainee work detail staff may be included in the Staffing Plan, only with ICE approval."

Language states workers not to be used in food preparation.  Other contracts state this as well.
Detainees report preparing food at direction of food service legally paid employees.

p. 35  "The contractor shall develop a site-specific Voluntary Work Program operations manual for the management of this program."  This has been unlawfully withheld from release under FOIA.

RFP Q and A
p. 7  Juveniles held at nearby hotel.

1998-03 (99 pages)

pp. 46-47  No mention of detainee work program, including typical place requiring documentation of participation (and see pp. 83-4)

Mira Loma, Los Angeles County (IGSA)- CLOSED 2012

1997-2007 (107 pages)
No reference to work program.
Lawyer committee review 2004 notes program exised, detainees were paid with superior living quarters (e.g., cable television) and food. Mira Loma contract ended in 2012, detainees transferred to new Adelanto facility, under contract with GEO through ICE IGSA with City of Adelanta.  Shift because of wage requirements of Los Angeles County Sheriff union when contract up for renewal, much higher than GEO wages. Source: government employee at Mira Loma, 2012.

Annual Review. American Bar Association, Commission on Immigration. Latham and Watkins Delegation, no. 502130-0018.  2006


Orange County, IGSA 
2010-2015  (5 pages, update on separate agreement, signed 2013)



Otay Mesa, San Diego, California, CCA

Contract 1999 (3 pages, Sections A and B only)

Contract (2005) Amendments and Orders (393 pages)


Pinal County Adult Detention IGSA


2006-08 IGSA
(35 pages)

p. 9  Unusual classification of performance requirements, lumps several services and access to legal materials into one category (15%) and grievances into another (5%).

p. 28  $59.64/per diem

p. 32  Indicates just 11 grievances received, none resolved in favor of detainee

p. 33  Checklist Evaluation Worksheet, "Detainee Work Program" checked Not Applicable [Paid work performed by jail inmates, ICE detainees forced to work, or incentivized by food.]

pp. 34-5  Two suicides in period of review.  
Narratives provided.  
Facility receives excellent marks.

Perry County, Alabama  (Perry County)

IGSA (2007-2012)  (52 pages)
No reference to detainee work program

Polk County, Texas (Community Education Centers)

2012, Local contract between County and CEC  (15 pages)
Note:  Says it is the sole operating agreement, no reference to terms of inmate work

IGSA between ICE and Polk County (70 pages)
 

p. 3  
Contract for "prisoner day[s]"

Note:
No Contract Line for Detainee Work Program


Annual Compliance Review,
by Creative Corrections, 2009 (10 pages).


Port Isabel, Texas, Ahtna Technical Services, Inc.

2014 Solicitation (221 pages)

p. 5  Detainee Voluntary Worker Wages @ $1.00/Day 120000 DA
Minimum Days: 0 Days
Maximum Days: 120,000 Days
(Option Line Item)
Product/Service Code: S206
Product/Service Description: HOUSEKEEPING- GUARD
Period of Performance: 06/01/2015 to 05/31/2016

At 100% use of Detainee Wages = 120,000 days of work at 58/day =  
$6,960,000 for work performed at $7.25 hr/8 hour day.  
Savings to private firm =  $6,840,000


At 90% use of Detainee Wages =  
$6,264,000 for work performed at $7.25 hr/8 hour day.  

Savings to private firm = $6,144,000


Estimates for Number of People Working
Maximum monthly wage for each ICE resident = $20 (5 days at $1 per day)--rules do not permit more than 40 hours work/week and each shift counts as up to 8 hours.  

Total monthly detainee wages at 90% = $9,000

Average Daily Population for 2013 = 1115
  

Total number of people potentially employed in one month is between 450 (9000/20) and 9000 (if people cycled through at fastest rate possible and everyone worked for one day at $1).

Average daily employment (9000/30 days)   
300
Average Percent Employed/Day (1115/300)
27%

p. 39 "Detainee work detail volunteers may assist food service staff, but shall not be
depended upon to fulfill basic SOW [Scope of Work] requirements."  
Indicates that ICE is aware of illegal character of actual reliance by ICE contractors on detainee work and attempts to cover up reliance by private firms on detainee work, of which ICE is well aware, e.g., circulation of
 Food Service staffing showing ratio of 30 detainee workers/14 SCA-covered workers.

p. 60  "10.8 Laundry Facility
The Contractor shall supervise and manage the PIDC detainee laundry facility. The
Detainee Voluntary Work Program will be provided as a Government-furnished service
for Contractor use (see Section C.9.19) in the laundry facility."

Government inserting in its own contract provisions for the use of detainee labor to meet requirement of laundry service, contradicting statement that contractor is not to rely on detainee work for meeting Scope of Work requirements.

p. 61  Under instructions for managing laundry detainee work detail, contractor is instructed to
"Avoid disciplining any detainee or violating any detainee rights during work time."

Highlights understanding by ICE that there is a legal difference between objectives for "work time" and those of custody.
Makes evident the violations of the Fair Labor Standards Act, which applies to work absent certain exemptions, none of which include the use of aliens held under immigration laws to clean laundry.

p. 141
"[T]ransportation services with no defined minimum quantities, stationary guard or escort services, transportation mileage or other Minor Charges such as sack lunches and detainee wages): shall be fully supported with documentation substantiating the costs and/or reflecting the established price in the contract and submitted in .pdf format."
This information is responsive to my previous requests and have been withheld in violation of the Freedom of Information Act.
 

p. 196  Table on how contractors are to allocate costs,
"DETAINEE WORKER WAGES" are under heading
"COSTS WHICH SHOULD NOT BE INCLUDED IN THE RESPECTIVE CLIN(s)"[Contract Line Item Number]
Instructing contractors not to use per diem bed cost payments [CLIN 1] to cover detainee wages.

p. 197
For Detaine Wage CLIN column on Costs Note To Be Included:
"PROFIT ON DETAINEE WAGES"  
A program that is the key component of the prison firms profits must use the dollars budgeted for this only for paying the detainee wages of $1 day, not profits to the firm.  
(It would appear the sole purpose of this line is to amuse those who have read Franz Kafka.)

Department of Labor Wage Determination (11 pages)
Texas Counties of Brooks, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim
Hogg, Kenedy, La Salle, Maverick, Starr, Webb, Willacy, Zapata, Zavala.
p. 4.  Laundry, Machine Washer = $8.31
p. 11  "ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $3.81 per hour or $152.40 per week or $660.40 per month."

Cost and Pricing Summary Template (5 pages)
p. 5
"The Voluntary Work Program is a fixed price funded by the Government, and paid to the detainee by the Contractor. For cost estimating purposes, utilize the provided $100,000.00."

Note:  There is a clear discrepancy between budgeting policy stated in contract --  "fixed price" of $1 per day -- and the budgeting policy in the PBNDS --"at least $1 per day."  Contractors actually do pay more than $1 per day in some facilities for occupations that are core to their operations and do not have needed workers.  This discrepancy implications for program's legality, insofar as it reveals discrepancy between stated policy, its rationale, and the de facto practices.

Questions And ICE Responses (March 28, 2014) (150 pages)
pp. 130-131  
Description of detainee work duties (barber, food service, plate detail, etc.) and indicates they are authorized to work outside the secure perimeter "as needed," but does not indicate those positions.

Performance Requirements Summary (10 pages)

pp. 8-9
"Justice" (incl. law libraries, access to rights presentations, and grievances) weighted at 10%.
"Detainee Discrimination" weighted at 10%

Total for Justice and Detainee Discrimination =
20% 

NOTE
These weightings are significantly higher than those in other contracts.  


Past Performance Questionnaire: For Detention Management, Transportation and Food Services

Port Isabel Detention Center Site Visit: ICE Responses to Site Visit Questions Received in Accordance with Solicitation Instructions

Bidding Spreadsheet Template 


Port Isabel Facility Map



Contract 2008 - 2013

No reference to amount allocated for resident wages.

p. 72  Requires list of "Authorized Detainee Workers."

p. 80  Weights the adequate protection of "detainee rights" at 5% of performance goals. These include access to legal materials, group presentations of legal rights, and use of punitive segregated cell assignments.If facility fails on all of these they are at most penalized 5% of their contract.

p. 83  First infraction of Detainee Rights, penalty at 1.25%, escalating to 4th infraction at 5%.

p. 101 Performance Review Checklist, "Volunteer Detainee Work Program," "Facility has a Volunteer Work Program," column O indicated, and not "Daily, Weekly, Monthly."  "O" not defined but only a handful of other programs use this column.  The PBNDS have references to "Optimal" standards, a euphemism for optional, e.g., "**Facilities operating at the optimal level shall offer detainees at least two hours of recreation or exercise opportunities per day, seven days a week." p. 348, PBNDS.

Non-competitive Renewal, 2014

"The re-competition of this requirement will not be awarded in time to allow for continuity of the mission critical services, or the proper transitioning of Contractors. Any lapse in services would jeopardize the safety of detainees and ICE personnel working at the facility."


Pearsall Facility, GEO

2004-2010 ICE contract with GEO, incl. transportation for other Texas facilities (368 pages).

p. 8 References "Adult Detainee Volunteer Wages, Amt Per Day."  All amounts unlawfully redacted.

p. 53  Reference to Detainee Work Program

Questions and Responses, RFP, 2011 (18 pages)

Performance Requirements Summary, 2011 (4 pages)
p. 4 "Justice," including grievance procedures, weighted at 5%
Mentions Detainee Volunteer Work Program

Facility Design Standards (435 pages)
How to Build Your Own Detention Facility, includes descriptions of segregated management units

Southwest Texas Detention Facility (2008-2010), GEO  (40 pages)

References "Detainee Volunteer Work Program" and code for charges to S206 Guard Services, amounts unlawfully redacted

San Diego, California, ICE ERO Janitorial Contract (for purposes of cost and wage comparisons)

Solicitation, 2010
 (55 pages)


Puerto Rico, MVM 
Three facilities and transportation (2008-2013)  (179 pages)

No details on detention facilities
MVM also does not list the facilities it manages



San Antonio, TX
Request for Proposal, offered 2011, for 2011 to 2016 (60 pages)
p. 3
Detainee Work Program has a Contract Line Number but no days or amounts listed.  Code is for "Guard Services."


Compliance Inspection of Laredo Processing Center (12 pages) Conducted on January 24-26, 2012; found to be "well managed" (p.5)

Stewart County, GA  CCA
IGSA for 2006 to 2009 (60 pages)

Annual Compliance Review (May 13-15, 2008) (76 pages)

Tacoma, Washington GEO

66 pages
(1999-2009) (166 pages)
p. 48  Refers to "Detainee Labor" and not "wages."  Indicates program should be viewed as benefit to INS and detainees, not contractor.

p. 76  Much more aggressive policy on reporting grievances.  No encouragement of "informal" resolutions.

p. 77  Food must be prepared on site.

p. 83  Contractor may not profit from Commissary

p. 119  Reference to attachment with 44 pages on Detainee Volunteer Work program

Amendments (200 pages)

Contract (2010) (184 pages)

Tri-County, IL

IGSA (2010)(17 pages)

York County, Pennsylvania (IGSA)
ICE contract with York County (73 pages)


Yuba County, California
Yuba County Jail IGSA 2008-2013  (15 pages)

No reference to detainee work program. 



INVOICES AND PAYMENTS

 FIRST FOIA Release on ICE Detainee Work Program, 2011.

Payments for GEO Aurora, Broward, Pearsall, and Tacoma (2012), 525 pages.



GRIEVANCES

Grievances and Investigations, ICE FOIA 2014-32547 (501 pages)

Additional Materials 

Meltzer Letter, 10-28-2013. 

Letter from Jane Holl Lute, Dep. Sec. of DHS to Paromita Shah and Michael Wishnie, Denying Petition for Rulemaking to Promulgate Regulations Governing Detention Standards for Immigration Detainees,