The Criminalization of Immigrants & the Immigration

The Criminalization of Immigrants & the Immigration-Industrial Complex

Karen Manges Douglas & Rogelio Sáenz

Abstract: Over the last few decades, and particularly after 9/11, we have witnessed the increasing criminalization of immigrants in the United States. Changing policies have subjected immigrants to intensi½ed apprehension and detention programs. This essay provides an overview of the context and policies Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 that have produced the rising criminalization of immigrants. We draw on the institutional theory of migration to understand the business of detention centers and the construction of the immigration-industrial complex. We link government contracts and private corporations in the formation of the immigration-industrial complex, highlighting the increasing pro½ts that private corporations are making through the detention of immigrants. We conclude with a discussion of how the privatization of detention centers is part of a larger trend in which basic functions of societal institutions are being farmed out to private corporations with little consideration for basic human rights.

Though the path of the immigrant in the United States has never been easy, the costs of being an undocumented immigrant are higher today than ever before. Not only is the always-risky journey into the United States much more treacherous now than it was in the past, but blending in once here is becoming increasingly dif½cult. The attitude of U.S. natives toward undocumented immigrants (particularly if they are from Latin American countries) is increasingly hostile and inhospitable. Even gainful employment offers little insulation from KAREN MANGES DOUGLAS is the rabid xenophobia that has engulfed some seg- Associate Professor of Sociology ments of the U.S. population in the post-9/11 era. at Sam Houston State University. Immigration and Customs Enforcement (ice) ROGELIO SÁENZ is Dean of the of½cials have raided and rounded up people who, College of Public Policy and Peter but for their lack of documentation, would be Flawn Professor of Demography viewed no differently from the millions of hard- at the University of Texas at San working Americans trying to make a living for Antonio. themselves and their families. They are seized from (*See endnotes for complete contributor their workplaces, shackled, and hauled off to biographies.) detention centers–jails and prisons–where they

199 The Crimi- are thrown into a shadow world with few How has a nation once perceived as a nalization protected human and legal rights. Despite beacon of democracy and justice evolved of Immi - grants numerous media accounts describing the to grossly abuse these very principles? & the Immi- deplorable conditions of the detention This essay seeks to answer that question gration- Industrial centers and the inhumane treatment of by ½rst describing the rising detention Complex the detainees, the bureaucrats in charge rate of immigrants and illustrating the seem indifferent, as does the larger public context in which this growth has oc - to whom they must answer. Few seem curred. Toward this end, we provide an even to be asking questions. overview of the policies and the environ- The criminalization of undocumented ment that have helped criminalize immi- immigrants has been heightened by the grants. Next, we draw on the institutional establishment and endorsement of puni- theory of migration to understand the tive actions–both individual-based and ascension of the business of detention Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 government-sponsored–against undoc- centers. We draw links between govern- umented groups and those who assist ment contracts and private corporations them. Furthermore, prisons are being rap- in the formation of the immigration- idly erected to detain more inclusive seg- industrial complex, while highlighting ments of the undocumented immigrant the increasing pro½ts that private corpo- population. Several detention centers have rations are making through the detention recently been constructed and designated of immigrants. And we conclude with a to house immigrant families; and perhaps discussion about how the privatization of still operating under the framing of youths detention centers is part of a larger trend as “super predators,” an image that dom- in which basic functions of societal insti- inated criminal justice thinking during tutions are being farmed out to private the 1980s and 1990s, undocumented juve- corporations with little consideration for nile immigrants are not exempt from this basic human rights. immigration-industrial complex.1 The contracts that link government, As many scholars have detailed, the which supplies immigrant detainees to recent demonization of immigrants is prison facilities, with the private industry nothing new.3 Anxiety over the immigrant responsible for building, maintaining, and “other”–the alien–is an enduring char- administering such prisons signal the acteristic of the American experience. So, emergence of a new type of prison-indus- too, are efforts to exclude those deemed trial complex. This essay identi½es this “undesirable” (historically, poor people trend as part of a larger privatization and people of color) from immigrating to movement in the United States and around the United States. For example, beginning the world. Broadly, this movement is char - in 1790, immigration laws restricted nat- acterized by the dominance of market lib- uralization to those designated as white, eralization and the transition from a mar- while those deemed “likely to become a ket economy to a market society; the public charge” (lpcs) were barred from fracturing of U.S. society; the death of entry. Dual mechanisms accomplished the liberal class; “winner take all” politics these mandates. Restrictions based on that have redistributed resources upward; race and other characterizing features and the reestablishment of Jim Crow-like targeted speci½c groups (for example, policies in the criminal justice system that anarchists, prostitutes, contract laborers, ensnare poor and vulnerable populations, illiterates, and lpcs) and banned them including immigrants, in their web.2 from entry into the United States. At the

200 Dædalus, the Journal ofthe American Academy of Arts & Sciences same time, deportation policies sought to the “obnoxious Chinese,” “if the power Karen eliminate undesirables already in resi- exists, who shall say it will not be exer- Manges Douglas & dence. While the racial restrictions were cised tomorrow against other classes and Rogelio ostensibly eliminated in 1952, the 150 pre- other people?”7 Sáenz ceding years of de jure racial exclusion Justice Brewer’s concerns were war- were not inconsequential in shaping the ranted. The Johnson-Reed Act of 1924 (also racial and socioeconomic landscape of known as the Immigration Act of 1924) the United States. Tellingly, the lpc clause, signi½cantly curtailed immigration from indicative of the United States’ discom- Southern and Eastern Europe and banned fort with poor people, has remained a outright immigration from countries policy ½xture. Indeed, the perceived threat with nonwhite populations, arguing that of lpcs was the rationale for the roundup these classes of people were racially inel- and deportation (known as repatriation) igible for citizenship. While the Immi- Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 of thousands of Mexicans–citizens and gration Act of 1924 did not subject immi- non-citizens alike–during the 1930s. grants from the Western Hemisphere The plenary power doctrine, estab- (including Mexicans and Canadians) to lished by the U.S. Supreme Court during quotas, administrative provisions were the era of Chinese exclusion in the nine- developed to address their migration. teenth century, undergirds all immigra- The act created foreign consular of½ces tion law. In establishing this doctrine, the to issue visas for entry into the United Supreme Court assumed that immigrants States and reconstituted the Border Patrol, posed a threat of foreign invasion, and which was charged with securing what thus linked immigration control with the had historically been an open border.8 state’s authority to wage war.4 The Su- Ironically, immigrants need not have preme Court conferred on Congress the actually broken a law to have found plenary power to regulate all matters of themselves on the wrong side of it. It is immigration, stating that “aliens enter estimated that upwards of 1.4 million and remain in the United States only with people who had entered the United States ‘license, permission, and sufferance of legally before 1921 were abruptly clas- Congress.’”5 si½ed as lawbreakers through this policy Congress sought to deal with the un - change.9 documented Chinese through deporta- With the Border Patrol reinvigorated, tion. In 1892, Congress passed the Geary securing the southern border between Act, which authorized the expulsion of the United States and Mexico took pri- Chinese immigrants in the country unlaw- macy over policing the northern border fully. Although it was challenged, the with Canada. This was partly due to the U.S. Supreme Court upheld the legisla- fact that the most popular route into the tion (and the plenary power of the leg- United States for illegal European and islative branch), ½nding that “the right to Asian immigrants who could not pass the exclude or expel aliens, or any class of literacy requirements, had passport dif - aliens, absolutely or upon certain condi- ½culties, or were excluded due to quota tions, in war or in peace, is an inherent restrictions was through Mexico. With and inalienable right of every sovereign means established for Europeans to cir- nation.”6 Presciently, in his dissent in Fong cumvent quota restrictions, and the resul - Yue Ting v. United States (1893), Supreme tant decline in illegal European entry Court Justice David Josiah Brewer noted through Mexico, attention increasingly that while this particular case targeted turned to the flow of Mexicans. In 1921,

142 (3) Summer 2013 201 The Crimi- new immigration policy reversed the The outbreak of World War II created nalization Mexican exemption from literacy tests domestic labor shortages. The Bracero of Immi - 10 grants and head taxes. In addition to pre- Program–a bilateral guest worker pro- & the Immi- screening to acquire a visa (and the atten- gram between the United States and gration- Industrial dant fee), Mexicans, like all potential im - Mexico that temporarily allowed contract Complex migrants, had to pass a literacy test and Mexican labor to work in U.S. agricul- prove they were not likely to become a ture–was instituted to address these public charge upon reaching the United shortages. It was expected that a guest States. Once at the border, legal immi- worker program would stem undocu- grants faced a head tax, degrading med- mented Mexican immigration. Lasting ical inspections, delousing fogs, forced from 1942 until 1964, the Bracero Program bathing, and interrogations. provided more than 4.5 million individual These onerous and offensive policies contracts for temporary employment.14 Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 compelled many immigrants to bypass However, with the same onerous condi- these border checkpoints and cross into tions for legal entry into the United the United States without proper inspec- States, the Bracero Program, rather than tion.11 By 1929, unauthorized entry into stem undocumented immigration, encour- the United States was itself declared ille- aged it instead. Many braceros, once in gal. With the incidence of border-crossing the United States, simply did not return without inspection on the rise, the pro - to Mexico when their contract expired.15 cess of ridding the nation of these “crim- Responding to the concerns generated inals” ensued. The number of immigrants by the unanticipated rise in undocumented expelled from the United States rose immigration from Mexico, the Eisenhower from 2,762 in 1920 to 38,796 by the end of administration approved “Operation Wet- the decade. “Alien without proper visa” back,” which increased apprehen sions of became the single largest explanation for undocumented Mexican immigrants. Con - deportation.12 comitantly, yielding to pressure from The relationship between U.S. agricul- farmers and ranchers critical of the pro- ture and Mexican labor is a source of long- cedural requirements for securing bra - standing tension in the United States. ceros, Border Patrol of½cials sometimes Immigration policies and procedures engaged in a perverse bait and switch: have schizophrenically vacillated between apprehending undocumented border cros- accommodating labor needs and quelling sers and releasing them in Mexico, only nativist fears of being overtaken by Mex- to then escort them back into the United ico. Immigration policies and procedures States as legal braceros. In some instances, directed at Mexicans grew especially of½cials paroled former undocumented punitive during the Depression era of the immigrants directly to U.S. employers.16 1930s, culminating in the wholesale re - But encouraging, even abetting, Mexi- moval of Mexicans from the United States, can labor migration amidst growing anti- irrespective of citizenship status. Indeed, Mexican sentiment proved untenable for as historian Mae N. Ngai has written, border authorities. The pressures of an “the repatriation of Mexicans was a racial increasing Mexican presence in the United expulsion program exceeded in scale only States, the embarrassment from the ex - by the Native American Indian removal posure of the deplorable working condi- of the nineteenth century.”13 Then, as now, tions of braceros in the national televi- few protested the legality of these re - sion broadcast documentary Harvest of movals. Shame, and labor union opposition coa-

202 Dædalus, the Journal ofthe American Academy of Arts & Sciences lesced to formally end the Bracero Pro- laws, rising budgets and agency growth, Karen gram in 1964 after twenty-two years of the deployment of more sophisticated Manges 17 Douglas & operation. The institutionalization of the equipment and surveillance technologies, Rogelio Bracero Program was not without reper- and a growing fusion between law enforce- Sáenz cussions, however. Not only had the pro- ment and national security institutions gram failed to stem undocumented im- and missions.19 migration from Mexico, but with visas And as a result, border policing has risen scarce, the Bracero Program had actually to unprecedented heights. encouraged it by offering relatively easy This intensi½ed policing is the product entry for Mexican laborers. (U.S. employ- of the policies and procedures of the past, ers bore the onus of documentation.) as well as a new set of protocols that have In the end, the Bracero Program ce - increasingly criminalized people of color, Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 mented the relationship between U.S. both citizen and immigrant, albeit to dif- employers and the relatively cheap labor fering degrees. The development of spe- supply provided by Mexican workers. cial commerce zones between the United Thus, while the program of½cially ended States and Mexico during the 1960s, Pres- in 1964, the decades that followed dem - ident Nixon’s declaration of a war on drugs onstrated a growing U.S. presence of for- in the 1970s, the perverse consequences mer braceros and other undocumented of the 1986 Immigration Reform and migrants, creating a migratory social net- Control Act (irca), the passage of the work to support and encourage future North American Free Trade Agreement migrants from Mexico. The legal status (nafta), the terrorist bombings of the of Mexican workers was the only sig - World Trade Center and Oklahoma City ni½cant shift that resulted from the for- in the 1990s, and especially the terrorist mal end of the program. Impunity for events of September 11, 2001, have com- their hiring, coupled with a pliable, vul- bined to expose the U.S.-Mexico border nerable cheap supply of labor, engendered region to unprecedented scrutiny. As a continued support from U.S. employers result, a mass of federal and state initia- for Mexican workers. The formal Bracero tives have taken criminalization of immi- Program was simply replaced by an infor- grants to stratospheric levels. mal and unsanctioned labor program.18 The Immigration and Nationality Act of 1965 (ina) eliminated the much ma- The criminalization of immigrants, ush - ligned national-origins quota system; ered in by the 1882 Chinese Exclusion Act, while the new policies prioritized family continued–indeed, escalated–throughout reuni½cation, the overall intention was to the twentieth century. At the dawn of the maintain immigration at roughly the same twenty-½rst century, the United States was levels as during the forty years the quota once again characterized by anti-immi- system was in place.20 Additionally, the grant, or more speci½cally, anti-Latino, ina imposed for the ½rst time a limit of sentiment. And once again, the conse- 120,000 immigrants from Western Hemi- quence has been an increase in punitive sphere countries. These dual immigra- policies intended to “stop the invasion” tion policies–a ceiling of 170,000 per occurring at the southern border. As politi- year from Eastern Hemisphere countries, cal scientist Peter Andreas has described it: and 120,000 per year from Western Hemi - On both sides of the U.S.-Mexico border- sphere countries–lasted until 1976, when line, escalation has translated into tougher they were replaced by a 20,000 visas per

142 (3) Summer 2013 203 The Crimi- country cap for both Eastern and West- his new immigration policy on July 27, nalization ern Hemisphere countries.21 While im - 1993, explaining, “I asked the Vice Presi- of Immi - grants mediate family members were not sub- dent to work with our departments and & the Immi- ject to these numerical restrictions, im - agencies to examine what more might be gration- Industrial migration from Mexico already exceeded done about the problems along our bor- Complex 20,000 when the ceiling was established. ders. I was especially concerned about the Thus, the ina spurred undocumented growing problems of alien smuggling immigration rather than deterred it. and international terrorists hiding behind Andreas has succinctly summarized the immigrant status, as well as the continuing situation: “as the front door of legal entry flow of illegal immigrants across Ameri- became more regulated, the backdoor of can borders.”25 illegal entry became more attractive.”22 While President Clinton did not single Passage of irca in 1986 did little to halt out the southern U.S. border, most of the Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 undocumented immigration from Mex- allocated federal resources were devoted ico and other Latin American countries. to hardening the U.S.-Mexico border. In theory, irca sanctioned employers for Between 1993 and 1999, the ins budget knowingly hiring undocumented mi - tripled, from $1.5 billion to $4.2 billion. grants, forced them to verify the identity The stated goal of the militarization of and status of employees via the I-9 form, the southern U.S. border with Mexico was and expanded the Border Patrol. But prevention through deterrence: to make the weak economies and civil unrest in Latin border-crossing so dif½cult that would-be America, combined with lax enforcement immigrants were deterred from their ini- of employer sanctions, propelled undoc- tial efforts. In addition to funding more umented migration through the latter Border Patrol agents, the Clinton admin- part of the twentieth century. At best, the istration authorized the infusion of high- employer veri½cation provision prompted tech military equipment, including mag- a thriving black market for fake docu- netic footfall detectors and infrared body ments needed to satisfy the I-9 require- sensors, along the U.S.-Mexico border.26 ments for employment.23 irca also of- Politics and economics combined with fered a legal avenue for naturalization for maximum effect in California Governor undocumented migrants who could prove Pete Wilson’s 1994 reelection campaign. continuous residency for a speci½ed period Under a backdrop of what border of½cials of time, and millions of migrants took dubbed “Banzai runs”–groups of ½fty un- the opportunity to legalize. documented migrants running en masse Terrorist attacks, politics, and the econ - across the border, weaving into and out omy joined forces in the 1990s to escalate of traf½c–Wilson declared undocumented anti-immigrant sentiment and lay the immigrants enemy combatant no. 1 and groundwork for more stringent immigra- waged a war that bred copycat anti-im- tion policies.24 The bombing of the World migrant legislation across the country. He Trade Center in February 1993 provided ½red his ½rst salvo with a political cam- both the impetus and purpose for Presi- paign advertisement in which he declared dent Clinton to address immigration dur- that he was “suing the federal govern- ing his ½rst term in of½ce. While no Mex- ment to control the border” and “working icans were involved in the 1993 bombing, to deny state services to illegal immi- U.S.-Mexico border policies were incor- grants.”27 The tough anti-immigrant rhet- porated into broader terrorism-focused oric galvanized his reelection campaign initiatives. President Clinton introduced and he won handily.

204 Dædalus, the Journal ofthe American Academy of Arts & Sciences Wilson ½red his second round with that may be classi½ed as misdemeanors Karen Proposition 187, making good on his in state courts. What is more, the law Manges Douglas & campaign promise to deny state services considered offenses retroactively, mean- Rogelio to illegal immigrants. In a referendum ing that past convictions could be used as Sáenz before California voters, the measure a basis for deportation.31 passed by a three-to-two margin.28 Al- The complementary iirira, meanwhile, though Proposition 187 was ultimately authorized the construction of a fourteen- struck down by the U.S. Supreme Court, mile fence along the U.S.-Mexico border; the idea of undocumented immigrants as doubled the force of border patrol agents; a drain on the economy sparked a new allowed for summary exclusion of immi- wave of anti-immigrant sentiment that grants (for example, immigration of½cials had already been simmering near the sur- were granted the authority to summarily face. In 1996 alone, more than 500 anti- deport individuals apprehended within Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 immigrant state-level bills were introduced one hundred miles of the border); ex - across the United States (37 in Arizona panded the grounds for depor tation; alone). By 1997, the number had tripled to reduced the allowable documents to sat- 1,562.29 isfy I-9 requirements; and prohibited legal Building on the immigration reforms immigrants from federal welfare provi- of 1993, and working in tandem with wel- sions for the ½rst ½ve years of their U.S. fare reform, President Clinton in 1996 residency.32 In what would become a signed the Anti-Terrorism and Effective boon to private prison companies, leg- Death Penalty Act (aedpa) and the Ille- islative changes also “required the deten- gal Immigration Reform and Immigrant tion of all immigrants, including perma- Responsibility Act (iirira). These new nent residents, facing deportation for most pieces of legislation revised the denial criminal violations until the ½nal resolu- and/or deportation provisions for every tion of the case.”33 class of immigrant. In most instances, The “likely to become a public charge” the limited rights held by aliens were fur- clause, a mainstay in immigration policy, ther constrained, while the power of the was also strengthened in the 1996 legisla- immigration enforcement branch of the tion. The legislation required that a family- Immigration and Naturalization Service sponsored visa applicant be denied un- (ins; now Immigration and Customs less the sponsoring family member in the Enforcement) was strengthened. United States submits an af½davit that Cumulatively, these policies imbued stipulates that the sponsor agrees to: 1) the ins with the power to arrest, detain, support (and maintain support of ) the and deport unauthorized immigrants applicant at an annual income of not less while signi½cantly curtailing, and in cer- than 125 percent of the federal poverty tain circumstances eliminating, immigrant guideline for ten years and/or until the rights to appeal the decisions. aedpa applicant has become a U.S. citizen (using declared that “any ½nal order of deporta- the 2011 poverty line data and assuming a tion against an alien who is deportable by two-person household, this ½gure is reason of having committed” any of a $18,387 or greater); 2) be held liable to the long list of criminal offenses “shall not be sponsored immigrant, the federal gov- subject to review by any court.”30 The ernment, any state, or any other entity that new law also signi½cantly expanded the provides means-tested public support; de½nition of criminal grounds for removal and 3) be under the control of any federal from the United States to include crimes or state court.34

142 (3) Summer 2013 205 The Crimi- Signi½cantly, iirira built a partnership States to register with the Department of nalization between federal immigration authorities Homeland Security and answer ques- of Immi - grants and local and state law enforcement tions. Failure to comply could have & the Immi- of½cials. Section 287(g) of iirira autho - resulted in deportation. Further, the gov- gration- Industrial rized immigration of½cials to sign a ernment required noti½cation of foreign Complex memorandum of agreement (moa) with travel by the registrant, and even restricted local and state law enforcement of½cials future travels to select ports of departure. that designated of½cers to perform immi- This program led to the detention of 1,834 gration law enforcement functions.35 Al- registrants and 13,000 deportation pro- though little used at the time of its craft- ceedings. Ultimately, no criminal charges ing, the 287(g) program allowed state and for terrorism were ½led against any of the local police to make immigration arrests more than 18,000 registrants.38 Amid a on behalf of federal authorities. Exercise flurry of accusations of racial pro½ling, Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 of this provision began in earnest in the program ended in May 2003. 2004. Indeed, it has become a major tool Immigrant detention has grown drain the law enforcement arsenal, enabling matically since 2006, when the U.S. Of - of½cers to racially pro½le, arrest, detain, ½ce of Homeland Security shifted its pol- and deport record numbers of undocu- icy from “catch and release” to “catch and mented immigrants. detain” in the case of apprehended non- The blurring of immigration and crim- Mexican immigrants. This change in pol- inal laws reached a new apex after the icy thereby placed all immigrants in the terrorist attacks of September 11, 2001. category (catch and detain) that had pre- Within a month after the attacks, Presi- viously included only Mexican immi- dent George W. Bush established the De - grants. As in the case of the post-9/11 partment of Homeland Security through policies that infringed many basic rights executive order. And on October 26, and liberties of the American people, 2001, he signed into law the usa patriot new policies regarding the detention of (Uniting and Strengthening America by immigrants and the development of ma - Providing Appropriate Tools Required to chinery to house detainees occurred in Intercept and Obstruct Terrorism) Act of the shroud of secrecy, with little knowl- 2001, which dramatically revamped the edge from the general public. security and immigration road map of the Equally alarming is the increasing use United States.36 of criminal prosecution for immigration The patriot Act signi½cantly increased offenses that have historically been han- the budget for immigration enforcement dled administratively. In 2008, for exam- and tripled the number of Border Patrol ple, ice raided a food processing plant in agents on the northern border.37 More so Postville, Iowa, criminally charging 305 than even the 1996 immigration legisla- detainees with some combination of ag- tion, the patriot Act expanded the gov- gravated identity theft, social security ernment’s ability to detain and deport fraud, and/or illegal reentry into the terrorists, however de½ned. In a demon- United States. Almost all those detained stration of these newly expanded powers, accepted the plea deal offered to them by the government instituted a “Special federal prosecutors, in which prosecutors Registration” program in November agreed to drop the most serious charge of 2002. This racially targeted effort required aggravated identity theft and waive court men aged 16 to 45 from Arab and Muslim fees in exchange for a ½ve-month sen- countries in residence in the United tence and an order of judicial removal. As

206 Dædalus, the Journal ofthe American Academy of Arts & Sciences a consequence of these sentences, the class.43 And as is the case with black men Karen detainees were precluded from ever in the new Jim Crow, imprisoned/detained Manges Douglas & becoming legal permanent residents or Latinos are increasingly locked away in Rogelio citizens of the United States.39 for-pro½t, private prisons/detention cen- Sáenz Beginning in earnest during the 1920s, ters, the growth and proliferation of which the continual hardening of the U.S.-Mex- has marched lockstep with the hardening ico border has had many negative conse- of the U.S.-Mexico border. quences for migrants trying to reach the United States. For migrants whose family The growth in immigrant detention did members live in the United States but are not occur in a vacuum, but rather along- undocumented, the legal avenues for side and in response to social, economic, entry have become long and tortuous, and political changes that facilitated its with an average wait of sixteen years be- development. Economic downturns have Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 fore an application is even considered. historically bred anti-immigrant senti- And most visas for entry to the United ment, and in the past thirty years, the States are issued to skilled workers, often United States has been characterized by at the expense of laborers from Latin growing inequality. Coupled with gov- America, further obstructing the path to ernmental devolution of programs de- legal entry for those without a U.S. citi- signed to assist individuals in times of zen sponsor.40 crisis, this growing inequality is a recipe The militarization of the U.S.-Mexico for social anxiety and anti-immigrant border has made the border-crossing sentiment. Victims of this devolution much more dangerous, and undocumented include the usual working-class suspects. migrants often hire agents to assist them As political scientist Jacob Hacker has in the journey. And as the border has described, the transference of economic hardened, so, too, have the fees these risks from government and corporations agents charge, often resulting in a form of to workers and their families has exposed indentured servitude for labor migrants.41 the middle class to the harshest aspects of The U.S. labor market itself has been an economic downturn.44 Recently, teach- characterized as a Juan Crow caste system ers, policemen, and ½remen (particularly that locks undocumented and largely if represented by a union) have found Latino labor into low-wage, exploitative themselves in the crosshairs of federal, working conditions with limited avenues state, and local budget cuts. American for recourse. Even so, most migrants will- workers have felt besieged. ingly submit to degrading work condi- The historical record shows that during tions even with the constant threat of periods of economic downturn and un- workplace raids, racial pro½ling, discrim- certainty, immigrants make convenient ination, and deportation. Civil rights law- scapegoats, blamed for a host of societal yer Michelle Alexander has persuasively ills. As psychologists Priscila Diaz, Delia argued that the criminal justice system is Saenz, and Virginia Kwan have ex- the reconstituted Jim Crow for young plained: “there is a pattern in U.S. history African American men.42 Legal scholars in which presence of economic competi- Kevin Johnson and Bernard Trujillo have tion is associated with greater negativity extended this argument to Latinos, rea- toward certain groups, even when immi- soning that the immigration system, in gration is not relevant. . . . Similarly, anti- tandem with the Juan Crow caste labor immigrant sentiment and extreme immi- market, has created a new Latino under- gration policy may arise from the desire

142 (3) Summer 2013 207 The Crimi- to blame outsiders for poor economic The series of terrorist attacks that nalization conditions.”45 Just as low-income women began in 1993 and culminated on the of Immi - grants were blamed in the 1980s for not taking morning of September 11, 2001, no doubt, & the Immi- personal responsibility for their own eco- shocked the nation. The nation experi- gration- Industrial nomic welfare, so, too, have immigrants enced a collective numbness in the face Complex been blamed for irresponsibly draining of such an unprecedented terrorist attack scarce economic resources intended only on its own soil. Media commentators for citizens. argued that September 11 would mark a Some of the strongest anti-immigrant watershed in the history of the nation. legislation dates to the relatively robust While the nation mourned in a dazed economy of the 1990s. Despite the opti- state, Congress and the Bush administra- mism surrounding this prosperity, ter- tion quickly implemented drastic legisla- rorist attacks on the World Trade Center tive changes in the name of protecting Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 and Oklahoma City left Americans feel- Americans from terrorism. In short ing vulnerable, prompting political action order, Americans lost many of the rights that resulted in militarized zones along and freedoms–such as privacy and civil the U.S.-Mexico border and draconian liberties–that they had long enjoyed in immigration policies. Social activist Naomi peacetime. The patriot Act passed Klein’s book Shock Doctrine: The Rise of through Congress swiftly and with over- Disaster Capitalism offers an analogy for whelming support, with many Americans understanding the drastic shifts the coun- truly unaware of the rights and civil liber- try took after the terrorist bombings in ties that they were surrendering. Notably, 1993, and even more so post-9/11. Klein the inde½nite detention of immigrants, uses psychological shock as an analogy to even those not considered to be terror- illustrate the initial shock that many ists, is among the litany of provisions of countries around the world have experi- the patriot Act. enced over the course of the last four Consequently, amidst federal, state, decades in the face of calamitous “wars, and local budget contractions, the crimi- terror attacks, coups d’état and natural nal justice industry was an exception to disasters.”46 These initial shocks numb the rule of devolution. With an expanded the populace, inducing anomie.47 As the scope and seemingly unlimited budget– shock spreads through the population, the the result of a stunned populace and an traditional ways, regulations, and customs opportunistic administration–the secu- of the society no longer prevail. Citizens rity industry was overhauled. Existing enter survival mode, with the principal facilities to house immigrant detainees goal of perseverance. It is in this context were quickly stretched beyond their lim- of societal numbness that corporations its. Signi½cantly, the private sector seized and politicians attempt to subject the the opportunity to build new detention populace to severe and punitive economic centers, operate them, and provide provi- and political shocks. Klein argues that cor - sions for them. A steady flow of undocu- porations and politicians “exploit the fear mented immigrants into the United and disorientation of [the] ½rst shock to States coupled with a sizable undocu- push through economic shock therapy.”48 mented population already resident in Thus, policies that under normal condi- the country offered private prison entre- tions would not be tolerated are easily preneurs an ideal growth market: vili½ed imposed on the population without any– “illegal aliens” who possessed limited or at best, with minimum–opposition. rights thanks to the plenary power doc-

208 Dædalus, the Journal ofthe American Academy of Arts & Sciences trine and a hostile public wanting assur- Entrepreneurs gain handsomely through Karen ance that something was being done their provision of services to migrants Manges Douglas & about the threat of terror and the “immi- who attempt to gain entry into the United Rogelio gration problem.” States and obtain the documents required Sáenz to work and access resources here. Sociologist Douglas Massey and his col- While the institutional theory of mi- leagues have provided an inventory of the gration has helped us understand how theoretical perspectives that account for institutions and organizations emerge to international migration.49 The most com - support international migration, it was mon of these perspectives are based on narrowly conceived. The perspective how economic forces and labor markets focuses on underground market economic influence the flow of people across inter- endeavors and on the institutions and national boundaries as well as how social organizations that facilitate the move- Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 networks facilitate and sustain interna- ment of people into capital-rich coun- tional migration. The institutional theory tries. The perspective must be broadened of migration is a relatively new perspec- to understand how “aboveboard” state- tive for understanding international supported business ventures have emerged migration.50 This theory focuses on the to apprehend, detain, and deport migrants institutions and organizations that emerge as a means of discouraging people from once international migration is set in migrating to the United States. In this motion to “satisfy the demand created by case, it is not underground entrepreneurs an imbalance between the large number but corporations that, through contracts of people who seek entry into capital-rich with ice, establish or extend their busi- countries and the limited number of im - ness ventures to house immigrant detain- migrant visas these countries typically ees. The pro½ts reaped by these businesses offer.”51 The institutional theory of migra- in the ½ght against international migration emphasizes the underground mar- tion dwarf those garnered in the under- kets that emerge to assist migrants in ground economy. Further, corporations overcoming obstacles erected to keep in the business of immigrant detention them out of capital-rich countries, in ad - centers do not have the legal risks that dition to voluntary humanitarian organi- their counterparts in the underground zations that press for the protection of economy face. undocumented immigrants and their The prison-industrial complex is a human rights. derivative of the military-industrial com- A variety of underground economic plex, as conceived by President Eisenhower markets have blossomed to facilitate in his 1961 Farewell Address.52 Social sci- migration in the face of the barriers erected entist Tanya Golash-Boza has noted that to deter it. These include, for example, the military-industrial complex reflects business ventures related to human smug- the “close relationships between the cor- glers (coyotes help bring Mexicans and porate elite, bureaucrats, and politicians, other Latin Americans into the United and these actors work together to ensure States; snakeheads help smuggle in Chi- that state military investments serve the nese migrants); fraudulent documents interests of capital.”53 The military- such as social security cards, birth cer - industrial complex emerged and is sus- ti½cates, visas, and passports; labor con- tained by the element of fear and the tracts; and arranged marriages between pro½ts gained by corporate, governmental, undocumented migrants and citizens. and military actors. In particular, the arms

142 (3) Summer 2013 209 The Crimi- buildup was justi½ed by the fear of Com- and you’re out”), changes in drug policies nalization munism, as well as the powerful entities– in the mid-1980s resulted in a tremen- of Immi - grants in the form of the corporate elite, govern- dous growth of the prison population & the Immi- ment bureaucrats, and the military hier- and in the construction of new prisons to gration- 57 Industrial archy–who bene½ted economically and house inmates. In this context, the Complex politically from the ceaseless buildup of demography of the prison population the military machinery.54 shifted from predominantly white pris- Analyses linking the prison system to oners to African American and Latino the military-industrial complex began to prisoners. emerge in the 1980s. Scholar Mike Davis Golash-Boza has isolated three de½ning described the context in which California features of the prison-industrial com- established a prison-industrial complex: plex: a rhetoric of fear; the confluence of powerful interests; and a discourse of Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 California has the third-largest penal sys- other-ization.58 The rhetoric of fear in tem in the world, following China and the the prison-industrial complex is focused United States as a whole: 125,842 prisoners on the at-large criminal in society. The at last of½cial count. Over the past decade, confluence of powerful interests includes the state has built Calipatria, located 220 people in the government, corporate, and miles southeast of L.A., and ½fteen other criminal justice sectors who gain eco- new prisons–at a cost of $10 billion (inter- nomically and politically through mass est included). An emergent ‘prison-indus- incarceration. Private prison corpora- trial complex’ increasingly rivals agribusi- tions, such as Corrections Corporation of ness as the dominant force in the life of America and the geo Group Inc. (for- rural California and competes with land merly a division of the Wackenhut Cor- developers as the chief seducer of legisla- poration), especially bene½t from well- tors in Sacramento. It has become a mon- placed connections in the government ster that threatens to overpower and devour and criminal justice sectors. Finally, the its creators, and its uncontrollable growth discourse of other-ization focuses the ought to rattle a national consciousness fear of the criminal on black men and, now complacent at the thought of a perma- increasingly, on Latino men. nent prison class.55 Beginning in the early 1980s, the Rea- These ideas were expanded beyond gan administration pressed for the out- California by activist and writer Angela sourcing of many government functions Davis as well as by journalist Eric Schlosser, to the private sector. President Reagan who has de½ned the prison-industrial argued that the free market would enhance complex as “a set of bureaucratic, politi- competition and consequently promote cal, and economic interests that encour- better quality service and greater ef½ - age increased spending on imprisonment, ciency. Changes in U.S. drug and immi- regardless of the actual need.” Schlosser gration policy, as well as a variety of has added that the prison-industrial “push” factors in Latin American states, complex represents a “confluence of spe- necessitated increased space for the im - cial interests that has given prison con- prisonment of detainees, leading the way struction in the United States a seemingly for the growth of the private incarcera- unstoppable momentum.”56 Alongside tion sector. For example, during the early new get-tough policies (for example, 1980s, the U.S. government denied the longer sentences, mandatory minimums, majority of political asylum petitions of felonizing drug offenses, and “three strikes Central Americans fleeing the violence

210 Dædalus, the Journal ofthe American Academy of Arts & Sciences associated with U.S.-backed wars in tor corporations answered the call. Cor- Karen Guatemala, El Salvador, and Nicaragua. rections Corporation of America (cca) Manges geo Douglas & And as the cases of asylum-seekers were was established in 1983, and the Rogelio decided, the refugees were placed in deten- Group was incorporated in 1984. These Sáenz tion centers for varying amounts of time. are the two dominant private-sector Moreover, new legislation that inten- providers of prisons and detention centers si½ed the criminalization of both drug in the country, with cca being the largest. use and undocumented immigration ac - cca and the geo Group have pro½ted celerated and expanded the privatization handsomely from the nation’s growth in of prisons. The 1986 Anti-Drug Abuse Act prisoners and detainees (see below). mandated minimum sentences for drug- Nonetheless, many local and county jails related offenses, including ½ve- and ten- have also bene½ted by renting out space year minimum sentences for drug distri- to house detainees. For example, in 1993 Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 bution or importation. The policy also the ship Golden Venture ran aground close enforced disparate treatment of powder to New York City. The ship had attempted cocaine (used primarily by the middle to smuggle approximately three hundred and upper classes) and crack cocaine undocumented Chinese immigrants to (used disproportionately by poor persons the United States, many of whom were of color) offenses, with crack cocaine detained in York, Pennsylvania, for nearly charges attracting the most punitive four years to await a hearing of their actions. Meanwhile, the 1986 Alien Crim- cases. Journalist Mark Dow has described inal Apprehension Program, based on how communities vied for the privilege joint efforts between the Bureau of Pris- to detain some of the Chinese immi- ons (bop) and ins, sought to uncover grants: immigrants with criminal records, even Local politicians and business entrepre- those whose sentences had already been neurs have taken full advantage of the rev- completed. The objective of this policy enue possibilities in immigration deten- was to apprehend, detain, and eventually tion. Many asylum seekers aboard the deport these immigrants. Golden Venture, for example, were detained Between 1980 and 1994, the number of in a York County Pennsylvania jail. In a inmates in federal prisons nearly quadru- neighboring county, a Harrisburg Patriot pled, from 24,363 to 95,034.59 The com- headline read, “Prison Board Shopping for position of the inmate population also Immigrants to Prevent Layoffs.” A Perry shifted dramatically during this period. County commissioner told the Patriot, “We For instance, while drug offenders ac - tried like the dickens to get some of the counted for one-fourth of all inmates in Chinese . . . but it didn’t pan out. . . . If no 1980, they made up more than three- immigrants are secured, some layoffs may ½fths in 1994. And the changes in drug be inevitable.” The federal government policy disproportionately affected African paid York County $45.00 per detainee per Americans and Latinos, as the number of day, although it only cost the prison $24.37 black drug offenders increased ½vefold to maintain each prisoner. As the Chinese and the number of Latino drug offenders asylum seekers approached the two-year quadrupled between 1986 and 1991 (com- mark of their detention, the county’s gen- pared to a twofold increase in white drug eral fund boasted a pro½t of about $1.5 mil- offenders in federal prisons).60 lion. A Mississippi sheriff said, “We don’t To meet the rising demands for jail and always agree with the ins holding them. . . . detention space, two major private-sec- But we like the money,’” and a Miami ins

142 (3) Summer 2013 211 The Crimi- of½cial con½rmed that a jail in northern other complexes, including the security- nalization Florida was “calling us all the time to bring industrial complex65 and the border- of Immi - 66 grants back some business for them.” A Nigerian industrial complex. & the Immi- detainee being transferred from Krome to As is the case with the prison-industrial gration- Industrial the Monroe County Jail in Key West over- complex, the immigration-industrial com- Complex heard a jail of½cer and an ins of½cer dis- plex has three major features: a rhetoric cussing vacancies and wondered, “Is this of fear; the confluence of powerful inter- slave trade or what?”61 ests; and a discourse of other-ization.67 In particular, efforts to counter terrorism To some, undocumented immigrants have featured a dual concern with national represented a threat to their way of life; security alongside immigration law en - however, to enterprising entrepreneurs, forcement. The fear of a terrorist attack immigrants represented potential pro½t, Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 at the hands of immigrants has been used and to many local of½cials, immigrants to justify the massive increase in funds in represented the key to healthy budgets the war against terrorism and the protec- and job protection. A threshold had been tion of international borders. And simi- crossed. lar to the prison-industrial complex, a Over the last decade, private prison confluence of interests surrounding im- corporations, such as cca and geo Group, migrants binds together powerful enti- have turned their attention to the busi- ties in the government, corporate, and ness of housing undocumented immi- criminal justice sectors. grants. Indeed, the massive pro½ts that The links between private prison cor- these corporations garnered in the prison- porations, such as cca, and the govern- industrial complex abruptly declined ment and criminal justice sectors have from 1998 to 2001 as they built speculative been crucial to the expansion of for- prisons: “excess prison space for inmates pro½t detention centers and the increase who did not yet exist.”62 Because 9/11 in detentions of undocumented immi- dramatically increased government re - grants on which they rely. Finally, the sources available to combat terrorism immigration-industrial complex is further and undocumented immigration, includ- supported and sustained by the discourse ing the increased effort to apprehend and of other-ization and the racialization of deport undocumented immigrants, pri- immigrants, especially the portrayal of vate prison corporations shifted their Mexican immigrants as “invaders” and attention to the business of housing “foreigners” who do not belong in the undocumented detainees. United States.68 The booming expansion of the construction of detention centers to house A variety of corporations have contracts these immigrants has resulted in the ice emergence of the immigration-industrial with to house immigrant detainees. The corporations that provide such ser - complex: “the public and private sector ice cca interests in the criminalization of undoc- vices to include , Emerald Compa - nies, the geo Group, Immigration Com- umented migration, immigration law en - lcs forcement and the promotion of ‘anti- pany of America-Farmville, Correc- illegal rhetoric.’”63 Analyses of the immi- tions Services, Inc., and Management and Training Corporation. We will pro- gration-industrial complex have emerged cca only recently.64 More broadly, policies to vide an overview of , the largest such curb terrorism and undocumented immi- corporation, to examine its role in the gration have included the development of prison-/immigration-industrial complex.

212 Dædalus, the Journal ofthe American Academy of Arts & Sciences Founded in 1983, cca made its ½rst substance abuse treatment. These services Karen major contract with the ins in 1984 to are intended to reduce recidivism and to Manges Douglas & construct and manage the Houston Pro- prepare inmates for their successful re- Rogelio cessing Center. cca’s website calls atten- entry into society upon their release. The Sáenz tion to its cofounders’ skills and connec- Company also provides inmates health tions to the political, criminal justice, and care (including medical, dental and psychi- corporate sectors, the triumvirate of con- atric services), food services and work and fluences that embody the prison-/immi- recreational programs.72 gration-industrial complex: “Co-founders Spanning twenty-one states, cca con- Tom Beasley, Don Hutto and Doctor sists of sixty-½ve facilities, which cca has Crants brought diverse skills to their new described as an adjustment center, cor- venture: public policy, knowledge of the rectional centers/facilities/institutions, Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 legislative process, and experience in detention centers/facilities, jails, pre- public corrections and ½nancial exper - parole transfer facilities, processing cen- tise.”69 cca highlights its industry lead- ters, a residential center, a treatment ership in pioneering public-private part- facility, a women’s correctional facility, nerships in the ½eld of corrections and in as well as cca’s corporate headquar- establishing cost-effective solutions to ters.73 Of these sixty-½ve facilities, about correctional problems.70 The vision of one-½fth have contracts with ice: thir- cca is “to be the best full service adult teen facilities containing a total of 15,016 corrections system in the United States. beds.74 . . . In partnership with government, we In calendar year 2011, cca reported will provide meaningful public service by total revenues of approximately $1.72 bil- operating the highest quality adult cor- lion, compared to total revenues of $1.66 rections company in the United States.”71 billion in 2010.75 In addition, cca de - cca’s corporate pro½le states: clared a net income of $162 million in Corrections Corporation of America is the 2011 compared to $157 million in 2010, nation’s largest owner and operator of pri- representing a gain of 3.4 percent.76 vatized correctional and detention facilities Unfortunately, we are not able to identify and one of the largest prison operators in what portions of the total generated rev- the United States, behind only the federal enues and net incomes were generated gov ernment and three states. cca currently from ice contracts. owns and operates more than 65 facilities The three cofounders of cca possessed including 47 company-owned facilities, connections to the corporate, political, with a design capacity of more than 90,000 and criminal justice sectors. One of these beds in 19 states and the District of Columbia. founders, Tom Beasley, was serving as the chairman of the Tennessee Republican The Company specializes in owning, oper- Party in the late 1970s when he observed ating and managing prisons and other cor- that the state’s correctional system was rectional facilities and providing inmate hampered by high levels of turnover, residential and prisoner transportation tight budgets, and overcrowding.77 He services for governmental agencies. In thought that the private sector may be a addition to providing the fundamental res- solution to these problems. Beasley sub- idential services relating to inmates, cca sequently shared his thoughts and plans offers a variety of rehabilitation and educa- with the two persons who would become tional programs, including basic education, his fellow cofounders of cca: Doctor life skills and employment training and (“Doc”) Crants, Beasley’s West Point

142 (3) Summer 2013 213 The Crimi- roommate who held an M.B.A. and law • Dennis DeConcini is a former U.S. sen- nalization degree from Harvard University but who ator from Arizona, having held the of Immi - grants had no corrections experience; and Don of½ce for three terms (1977 to 1995). He & the Immi- T. Hutto, former commissioner of correc- currently serves as director of Ceramic gration- Industrial tions in Arkansas (1971–1976) and Vir- Protection Corporation and is a partner Complex ginia (1976–1981), and later president of in the law ½rm of DeConcini McDonald the American Corrections Association Yetwin and Lacy. DeConcini is a princi- (1984–1986).78 pal in the lobbyist consulting ½rm Parry, The current board of directors of cca Romani, DeConcini & Lacy P.C. in likewise has deep ties to the political, Washington, D.C. criminal justice, and corporate sectors. • Thurgood Marshall, Jr. is the son of John D. Ferguson became the chairman Thurgood Marshall, the ½rst African Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 of the board and ceo of cca in July 2008, American Supreme Court Justice. He is after serving as president of cca from a partner in the law ½rm Bingham 2000 to June 2008.79 Before joining cca, McCuthen llp in Washington, D.C., Ferguson had thirty-three years of expe- and a principal in Bingham Consulting rience in “½nance, entrepreneurial ven- Group, which assists business clients tures, corporate turnarounds and govern- with communications, political, and ment experience.”80 Immediately before legal strategies. Marshall has held ap - coming to cca, he served as Tennessee’s pointments in each branch of the fed- Commissioner of Finance and Adminis- eral government, serving as cabinet tration, a post he held for four years. secretary to President Clinton and The cca board also includes Donna M. director of legislative affairs and deputy Alvarado, William F. Andrews, John D. 82 Correnti, Dennis DeConcini, Damon counsel to Vice President Al Gore. Hiniger, John Horne, C. Michael Jocobi, Many cca employees have held impor- Anne L. Mariucci, Thurgood Marshall, Jr., tant government posts prior to joining Charles L. Overby, John R. Prann, Jr., the corrections business. For instance, Joseph V. Russell, and Henri L. Wedell.81 John Ferguson, cca’s current ceo, served We highlight three board members below on Tennessee Governor Don Sundquist’s to illustrate the interconnectivity between Transition Advisory Council, which was the political, criminal justice, and corpo- charged with providing policy recom- rate sectors. mendations at the time that the state was considering privatizing 70 percent of its • Donna M. Alvarado is the founder and 83 managing director of Aguila Interna- correctional system. Other individuals tional, an international business-con- moving from the Tennessee state government to cca include Brian Ferrell (aide sulting ½rm. She has held senior man- cca agement positions in government as to Governor Sundquist, later ’s vice deputy assistant secretary of defense in president for government relations), John Tighe (Governor Sundquist’s top the U.S. Department of Defense, coun- cca sel for the U.S. Senate Committee on health care advisor, later ’s vice pres- the Judiciary subcommittee on Immi- ident of health services), Natasha Metcalf (Tennessee’s commission of health ser- gration and Refugee Policy, and staff cca member of the U.S. House of Represen- vices, later ’s vice president for local tatives Select Committee on Narcotics government customer relations), and Tony Abuse and Control. Grande (Tennessee commission of economic and community development,

214 Dædalus, the Journal ofthe American Academy of Arts & Sciences later cca’s vice president of state customer ½cials and legislators, especially in its Karen relations).84 home state of Tennessee, to improve its Manges cca Douglas & also has a long history of using its chances of winning contracts. The company Rogelio ties and personal relationships with peo- has nurtured these relationships through Sáenz ple in government to gain economic its generous campaign contributions and advantages and contracts.85 cca’s rela- its practice of hiring former government tionship with former Governor of Ten- of½cials. nessee and Senator Lamar Alexander is cca’s efforts to make friends and influence one of the earliest and strongest such ties. important people are also evident at the Tom Beasley worked for Alexander when federal level. The company has depended he was governor of Tennessee, though heavily on federal contracts since its found - they share a history extending back to ing, and it was the feds who were largely Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 Beasley’s time as an undergraduate at responsible for helping cca survive its Vanderbilt University, when he rented an brush with bankruptcy several years back. apartment above Alexander’s garage. The emphasis on homeland security in the Honey Alexander, Lamar’s wife, also was wake of 9/11 has created new opportunities an investor in cca, and such ties were for cca and the rest of the prison industry. helpful in cca’s ultimately unsuccessful bid to win a contract to operate Ten- For 20 years cca has invested large amounts nessee’s correctional system in 1985.86 of time and money in the public sector, and Furthermore, Philip Perry, who is a son- it expects to receive a continuing payoff.88 in-law of former Vice President Dick As noted, business in the private prison Cheney, lobbied for cca prior to holding industry was not always booming. Be- the post of general counsel for the De - tween 1998 and 2001, corporations in the partment of Homeland Security.87 prison business experienced signi½cant cca has aggressively lobbied and made declines in their pro½ts. This was the case campaign contributions to affect public with cca, which saw its stock market policy issues related to corrections, crim- value plummet from 144.239 on January inal justice, and immigration, and to gain 2, 1998, to 68.368 on January 1, 1999; 18.343 government contracts. As privatization on January 7, 2000; and ½nally 2.501 on researchers Philip Mattera, Mafruza Khan, January 5, 2001.89 The downward slide and Stephen Nathan observe in their was not as dramatic for geo: 8.025 on report Corrections Corporation of America: January 9, 1998; 9.546 on January 1, 1999; A Critical Look at Its First Twenty Years: 3.481 on January 7, 2000; and 3.293 on For an industry whose only customer is the January 12, 2001.90 public sector, it is no surprise that private The events of 9/11 reversed this prison operators need to cultivate relation- descent, for the immediate federal re - ships with government of½cials. Yet cca sponse to the terrorist attacks was to allo- has taken this to great lengths. Most con- cate massive amounts of resources to troversial has been the involvement of cca wage war against terrorism, with the con- in American Legislative Exchange Council, trol of borders and the detention of a conservative group that promotes changes unwanted immigrants part and parcel of in state laws by drafting model bills and this plan. It is clear that the corporations networking with legislators. in the business of detention centers anticipated the oncoming windfall pro½ts. For cca has also attempted to use its direct instance, the chairman of the Houston- relationships with executive branch of - based Cornell Companies, speaking in a

142 (3) Summer 2013 215 The Crimi- conference call to investors shortly after while geo’s greatest surge (131 percent nalization 9/11, gushed: gain) took place between 2006 and 2007, of Immi - the time period associated with the change grants It can only be good . . . with the focus on & the Immi- in policy from catch-and-release to catch- people that are illegal and also from Middle gration- and-detain. In general, there has been a Industrial Eastern descent. . . . In the United States Complex slight decline in the value of the stock of there are over 900,000 undocumented both corporations between 2010 and 2012. immigrants from Middle Eastern descent. Lobbying is a key strategy for cca to . . . That’s half of our entire prison popula- exert its influence on the political process, tion. . . . The federal business is the best and Figure 2 shows cca’s lobbying ex- business for us . . . and the events of Septem- penditures between 1998 and 2011. These ber 11 [are] increasing that level of busi- expenditures nearly doubled from year to ness.91 Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 year during the 2001 to 2004 period. By Similarly, the head of the Wackenhut 2005, cca spent $7 in lobbying for each $1 Corporation (the parent company of the that it spent in 2001. From 2008 to 2011, geo Group) noted: cca’s lobbying expenditures dropped signi½cantly from the 2007 levels; yet the As a result of the terrorist attacks in the corporation still paid approximately $1 United States in September we can expect million in each of the last four years. As federal agencies to have urgent needs to noted earlier, cca has combined its lob- increase current offender capacity if cer- bying efforts with generous campaign tain anti-terrorism and homeland security contributions to influence public policy legislation is passed. . . . It’s almost an oddity and help acquire government contracts. that. . . given the size of our country and the cca’s role in the formation of Arizona’s number of illegal immigrants entering our controversial S.B. 1070 legislation is the country that we have such a small number most recent example of its influence on of beds for detention purposes, and I think public policy. National Public Radio ex- this has become an issue under the ‘home- posed the important role that cca, land security’ theme, and I think it’s likely through its association with the Ameri- we’re going to see an increase in that can Legislative Exchange Council (alec), area.”92 played in political discussions that led to As anticipated, the aftermath of 9/11 the formation of S.B. 1070, with cca stand- proved to be a bonanza for corporations ing to gain handsomely from the enact- like cca and the geo Group. Stock prices ment of the bill.93 rebounded robustly. Figure 1 provides the In sum, cca has been the pioneer and stock market values of cca and geo leader in the establishment of the prison- stock on the January opening for each industrial complex and the immigration- year between 2001 and 2012. The stock industrial complex through its strong ties value of each corporation experienced across the political, criminal justice, and signi½cant gains between 2001 and 2008. corporate sectors. But what trends can Indeed, the value of cca stocks soared we observe in the growth of the immigra- elevenfold, from 2.501 in 2001 to 28.55 in tion-industrial complex? And in what 2008, while that of geo stocks climbed direction can we expect it to go? eightfold, from 3.293 in 2001 to 27.30 in 2008. cca experienced the greatest an- The growth in immigrant detentions nual percentage increase (147 percent has been exceptionally strong over the gain) in its stock between 2001 and 2002, last few decades. The average number of

216 Dædalus, the Journal ofthe American Academy of Arts & Sciences Figure 1 Karen Market Values of cca and geo Stocks During First Week of January, 2001–2012 Manges Douglas & Rogelio Sáenz Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021

Source: New York Stock Exchange, “Corrections Corp of America (nyse:cxw),” https://www.google.com/ ½nance?client=ob&q=NYSE:CXW (accessed July 27, 2012); and New York Stock Exchange, “The geo Group, Inc. (nyse:geo),” https://www.google.com/½nance?client=ob&q=NYSE:GEO (accessed July 27, 2012).

Figure 2 Lobbying Expenditures of cca, 1998–2011

Source: “Annual Lobbying by Corrections Corporation of America,” OpenSecrets.org, http://www.opensecrets .org/lobby/clientsum.php?id=D000021940&year=2012 (accessed July 30, 2012).

142 (3) Summer 2013 217 The Crimi- immigrant detainees increased nearly dented punitive actions. The privatiza- nalization ½vefold, from 6,785 in 1994 to 33,330 in tion of the prison system and the demon - of Immi - grants 2011 (see Figure 3). We can clearly see the ization of immigrants combined with the & the Immi- impact of iirira in 1996, as well as the threat of terror to propel for-pro½t incar- gration- cca Industrial change of policy from catch-and-release ceration companies like to record Complex to catch-and-detain in 2006. For example, pro½ts. These trends have been advanced the average number of detainees more by politicians in response to vague public than doubled from 1996 to 2001, while demands for the government to “do the average has increased by approxi- something” about crime, drugs, terror- mately 72 percent between 2006 and ism, and immigration. They have not, 2011. The average number of detainees however, been without sig ni½cant has surpassed 30,000 each year since human rights implications for citizens 2009. and non-citizens alike. Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 The growth trends surrounding the As Edmund Burke warned, those who 2006 policy change are also attributable cannot remember the past are destined to to a signi½cant increase in arrests from repeat it. In many ways, history tells us ice worksite raids (see Figure 4). The that immigrant-bashing is more the norm number of persons arrested for criminal than not. It was the tremendous nativist violations (employers, contractors, and backlash against Southern and Eastern managers who hire undocumented work - Europeans that inspired the National ers; immigrants who use fraudulent doc- Origins Act of 1924, which signi½cantly uments to ½nd employment; and immi- curtailed immigration from these areas grants charged with identity theft) in - and concomitantly gave rise to the phe- creased more than ½vefold, from 176 in nomenon of illegal immigration. The 2005 to 1,103 in 2008, while the number current climate of immigrant-bashing of administrative arrests (undocumented distinguishes itself from this history of immigrants arrested but not charged nativism by focusing almost exclusively with criminal violations) rose more than on Latinos as scapegoats. fourfold, from 1,116 in 2005 to 5,184 in The adoption of terminology such as 2008. Nonetheless, the volume of crimi- “alien” and “illegal alien” to characterize nal arrests has dropped by 35 percent this administratively created class is from 2008 to 2011, while the number of fraught with racial connotations. As administrative arrests has declined by 72 Johnson and Trujillo have pointed out: percent during this period. The construction of alien has justi½ed our legal system’s restrictive approach, offering eoliberal policies that came to the N noncitizens extremely limited rights. Ref- fore during the Reagan administration erences to the “alien,” “aliens,” and “illegal provided an ideological rationalization aliens” as societal others thus helps make for the privatization of many functions of the harsh treatment of people from other the criminal justice system. Mass incar- countries seem reasonable and necessary.94 ceration has been used as the primary weapon in the war on drugs (declared by They have also observed that the usage Nixon and waged by every administra- of alien terminology is not benign because tion since), solidifying and expanding it treats “racial minorities poorly on the the prison-industrial complex. And after grounds that they are ‘aliens’ or ‘illegal 9/11, the federal government targeted aliens’ [which] allows people to reconcile undocumented immigrants with unprece- the view that they ‘are not racist’ while

218 Dædalus, the Journal ofthe American Academy of Arts & Sciences Figure 3 Karen Average Daily Immigrant Detainee Population, FY 1994 to FY 2011 Manges Douglas & Rogelio Sáenz Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021

Source: Data for FY 1994 to FY 2006 are from Alison Siskin, Immigration-Related Detention: Current Legislative Issues (Washington, D.C.: Congressional Research Service, 2007), http://www.ilw.com/immigdaily/news/2007,04 06-crs.pdf; and data for FY 2007 to FY 2011 are from Alison Siskin, Immigration-Related Detention: Current Legislative Issues (Washington, D.C.: Congressional Research Service, 2012), http://www.fas.org/irp/crs/RL32369.pdf.

Figure 4 Immigration and Customs Enforcement Worksite Enforcement Arrests, FY 2002 to FY 2011

Source: Andorra Bruno, Immigration-Related Worksite Enforcement: Performance Measures (Washington, D.C.: Congressional Research Service, 2012), http://www.fas.org/sgp/crs/homesec/R40002.pdf.

142 (3) Summer 2013 219 The Crimi- pursuing policies that punish certain right that all people have to dignity, nalization groups of persons viewed as racially or respect, and equality regardless of citizen- of Immi - 95 grants otherwise different.” ship. The citizenship/national sovereignty & the Immi- Moreover, it is hard to distinguish perspective, meanwhile, holds that rights gration- Industrial between documented and undocumented are conditional upon nation-state recog- Complex immigrants, and consequently, “alien” nition. Citizenship comes with rights (for becomes synonymous with “Mexican example, to vote and receive a trial by jury) appearance,” irrespective of citizenship.96 and responsibilities (to pay taxes and Unfortunately, racial pro½ling by law follow the law). The citizenship/national enforcement has been sanctioned by the sovereignty perspective has held sway in highest courts for over thirty years. The the United States. Consequently, the mere U.S. Supreme Court, in United States v. presence of undocumented aliens is evi- Brignoni-Ponce (1975), held that “Mexican dence of their lawbreaking nature and jus - Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 appearance is a relevant factor” that can ti½cation for the dismissal of their human be taken into consideration in law en - rights.103 When framed within the post– forcement decisions regarding whom to 9/11 anti-terrorism and national security stop and interrogate.97 discourse, it is even easier for the public The plenary power doctrine is the cor- to stomach these human rights abuses. nerstone that allows, if not encourages, Pro½ting from prisoners is also not a the disparate and highly questionable new practice. As historian Robert Perkin- treatment of immigrants. According to son has detailed, the United States, par- Ngai, the plenary power doctrine “has ticularly the South, embraced a convict allowed Congress to create rules that leasing system within decades of the would be unacceptable if applied to citi- formal abolishment of slavery.104 By ex- zens. Second, it has marginalized or erased ploiting a loophole in the 13th Amend- other issues from consideration in policy ment that abolished slavery “except as formation, such as human rights and the punishment for crime,” Texas and other global distribution of wealth.”98 The Southern states were able to reestablish a merging of immigration and criminal slavery-like system using convicts (pri- law, a trend that escalated in the 1990s marily blacks) as leased labor to high bid- and expanded considerably after 9/11, has ders. Today, private contractors are en - allowed that “mundane, everyday polic- gaged in social control functions that ing with no direct relevance to national have fundamentally altered the traditional security by nonfederal authorities can social control apparatus. The general now lead to detention and eventually assumption is that privatizing government deportation.”99 These policies further functions will generate greater ef½ciency. disenfranchise immigrant communities Although this idea is in and of itself ques- and act as a form of legal, political, and tionable, an even more fundamental ques- economic apartheid.100 Additionally, tion is whether or not ef½ciency as judged deportations devalue assimilation and by corporate pro½ts should be the mea- fracture families.101 sure by which we evaluate prisons and/or Two competing views have framed the detention centers. It is, after all, in the human rights issues regarding immigra- best interest of corporations to increase tion and immigrant rights: the citizen- occupancy rates and punish people for ship and national sovereignty perspective, longer periods of time. and the human rights perspective.102 The immigration-industrial complex is The latter recognizes the fundamental enormous, as are its entrenched interests.

220 Dædalus, the Journal ofthe American Academy of Arts & Sciences Investors are pro½ting handsomely from secure state funding for managing the Karen the imprisonment of other people, creat- lives of detainees, all the while making Manges Douglas & ing a new class of what journalist Joseph money for their shareholders. Rogelio Hallinan has called “prison millionaires” As sociologist Gideon Sjoberg has artic - Sáenz that marks “a turning point in American ulated, corporations “are in the curious penology. Never before had it been possi- position of having a monetary stake in ble in this country to become rich by destabilizing social orders through their incarcerating other people. Now, it is support of certain economic and political commonplace.”105 Unfortunately, the policies.”109 Indeed, cca illustrates such pro½t generated by detaining immigrants a “curious position” in its participation extends beyond individuals, as the sys- in the creation of the destabilizing, anti- tem has itself become institutionalized. immigrant S.B. 1070 in Arizona through Although detainees are at most tempo- which they stand to pro½t. Moreover, the Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 rary and unwanted “residents,” their in - standards of transparency and account - clusion in the U.S. Census as residents of ability between the public and private the counties in which they are detained sectors are very different. What further contributes thousands, if not millions, of complicates the situation is that the dollars to state and local budget coffers. moral accountability of corporations is As journalist Henry Sieff has observed: seldom addressed by social scientists or “four hundred billion dollars in federal even legal scholars, let alone the broader funding over the next 10 years will be dis- citizenry.110 In a larger sense, Sjoberg tributed based on the count, making suggests that we may need to reexamine detainees worth thousands of dollars to the legal foundation of corporations if cities, counties, and states where they are these social entities are to be held morally briefly detained. The government will accountable, especially in light of the rise allocate more than $100 million in addi- of the prison-industrial complex and tional funds to places where immigrants now the immigrant detention industry are detained.”106 and, beyond the focus of this essay, the What can be done about detention cen- international scope of these organiza- ters now and in the future? And how can tions. At minimum, Sjoberg urges that their negative impact on U.S. society be corporations be prohibited from pro½ting minimized? Professor of Government from coercion and violence.111 As Profes- Michael Sandel has called for a discussion sor Sandel has contended, one of the con- regarding the “reach of markets, and sequences of the shift to a market society market-oriented thinking into aspects of is the corrosive and corruptive effects that life traditionally governed by non-market markets have on our integrity, for treat- norms.”107 As has been illustrated in this ing human beings as commodities “fails essay, private corporations are managing to value human beings in the appropriate detention centers and making huge way–as persons worthy of dignity and pro½ts from doing so. We must recognize respect, rather than as instruments of gain that the market system, in this case as and objects of use.”112 reflected in the construction and operation The issues addressed in this essay are of private detention centers, are, as legal part of a major transformation under way scholar Bernard Harcourt has stressed, a in the United States (and globally) in creation of the state.108 The corporations which neoliberal ideology dominates that manage these detention centers have nearly all aspects of society. What has a vested interest in expanding them; they resulted in the United States is an increas-

142 (3) Summer 2013 221 The Crimi- ing wealth and income strati½cation, rate power is being addressed by the United nalization high levels of risk for individuals, and Nations. In his opening address to the of Immi - grants harsh and punitive policies for immi- United Nations Forum on Business and & the Immi- grants and the poor.113 An urgent discus- Human Rights, human rights scholar gration- Industrial sion is needed about the encroachment of John Ruggie pointedly urged that “states Complex market-based policies and principles into must protect; companies must respect; our nation’s prisons and immigrant and those who are harmed must have detention centers. Unfortunately, the redress.”115 2010 Supreme Court ruling in Citizens Demonizing and criminalizing immi- United v. Federal Election Commission, in grants–by and large, nonthreatening addition to its 2012 ruling against Mon- labor migrants–serves no one’s inter- tana’s efforts to limit corporate reach ests. It disenfranchises the immigrants into state and local politics, indicates that and maintains their marginality and Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 the reexamination of the legal structure exploitation. The billions of dollars spent of corporations is an idea whose time has to militarize the U.S.-Mexico border has not yet come, at least not under the pres- not made us safer; arresting and deport- ent political and legal constructions. ing the most vulnerable among us does However, as Perkinson has documented, nothing to address the growing economic penal reform, even in the most unlikely inequality that Jacob Hacker and political of places (like conservative Texas), has scientist Paul Pierson have vividly de - happened in the past.114 Furthermore, scribed.116 It does, however, tarnish the the issue of the need for a broader human reputation of a nation that purports to rights platform in light of growing corpo- stand for “liberty and justice for all.”

endnotes * Contributor Biographies: KAREN MANGES DOUGLAS is Associate Professor of Sociology at Sam Houston State University. She has contributed book chapters and articles to Globaliza- tion and America: Race, Human Rights and Inequality (edited by Angela J. Hattery, David G. Embrick, and Earl Smith, 2008), Debates on U.S. Immigration (edited by Judith Gans, Elaine M. Replogle, and Daniel J. Tichenor, 2012), and the research annual Studies in Symbolic Inter- action. ROGELIO SÁENZ is Dean of the College of Public Policy and Peter Flawn Professor of Demography at the University of Texas at San Antonio. His publications include Latino Issues: A Reference Handbook (with Aurelia Lorena Murga, 2011), Latinas/os in the United States: Changing the Face of América (edited with Havidán Rodríguez and Cecilia Menjívar, 2008), and the census report Latinos and the Changing Face of America (2004). 1 Tara Herivel, “Behind Closed Doors: Privatized Prisons for Youth,” in Prison Pro½teers: Who Makes Money from Mass Incarceration (New York: The New Press, 2007), 157–178. 2 Michael J. Sandel, What Money Can’t Buy: The Moral Limits of Markets (New York: Farrar, Straus & Giroux, 2012); Daniel T. Rodgers, Age of Fracture (Cambridge, Mass.: The Belknap Press of Harvard University Press, 2011); Chris Hedges, Death of the Liberal Class (New York: Nation Books, 2010); Jacob S. Hacker and Paul Pierson, Winner-Take-All Politics: How Wash- ington Made the Rich Richer–And Turned Its Back on the Middle Class (New York: Simon & Schuster, 2010); Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Color- blindness (New York: The New Press, 2010); and Kevin R. Johnson and Bernard Trujillo, Immigration Law and the U.S.-Mexico Border (Tucson: University of Arizona Press, 2011).

222 Dædalus, the Journal ofthe American Academy of Arts & Sciences 3 Peter Andreas, Border Games: Policing the U.S.-Mexico Divide (Ithaca, N.Y.: Cornell University Karen Press, 2000); Mae N. Ngai, Impossible Subjects: Illegal Aliens and the Making of Modern America Manges (Princeton, N.J.: Princeton University Press, 2004); and Johnson and Trujillo, Immigration Douglas & Law and the U.S.-Mexico Border. Rogelio Sáenz 4 Ngai, Impossible Subjects. 5 Ibid., 18. 6 Fong Yue Ting v. United States, 149 U.S. 698 (1893); http://supreme.justia.com/cases/federal/ us/149/698/case.html. 7 Ngai, Impossible Subjects, 76. 8 Ngai, Impossible Subjects. 9 Ibid. 10 Don M. Coerver, “Immigration/Emigration,” in Mexico: An Encyclopedia of Contemporary Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 Culture and History, ed. Don M. Coerver, Suzanne B. Pasztor, and Robert M. Buf½ngton (Santa Barbara, Calif.: abc-Clio, 2004), 223–230. 11 Ngai, Impossible Subjects. 12 Ibid. 13 Ibid., 75. 14 Ngai, Impossible Subjects. 15 Johnson and Trujillo, Immigration Law and the U.S.-Mexico Border. 16 Andreas, Border Games. 17 Ibid. 18 Ibid. 19 Ibid., 4. 20Maldwyn Allen Jones, American Immigration, 2nd ed. (Chicago: University of Chicago Press, 1992). 21 Ibid. 22 Andreas, Border Games, 35 23 Andreas, Border Games. 24 Ernesto Verdeja, “Law, Terrorism, and the Plenary Power Doctrine: Limiting Alien Rights,” Constellations 9 (1) (2002): 89–97. 25 William J. Clinton, “Remarks and an Exchange with Reporters on Immigration Policy,” in Administration of William J. Clinton (Washington, D.C.: Government Printing Of½ce, 1993), 1194, http://www.gpo.gov/fdsys/pkg/PPP-1993-book1/pdf/PPP-1993-book1-doc-pg1194.pdf. 26 Andreas, Border Games. 27 Ibid., 87. 28 Andreas, Border Games. 29 Anna Ochoa O’Leary and Azucena Sanchez, “Anti-Immigrant Arizona: Ripple Effects and Mixed Immigration Status Households under ‘Policies of Attrition’ Considered,” Journal of Borderland Studies 26 (1) (2011): 115–133. 30 Verdeja, “Law, Terrorism, and the Plenary Power Doctrine,” 93. 31 Mathew Coleman and Austin Kocher, “Detention, Deportation, Devolution and Immigrant Incapacitation in the U.S., Post 9/11,” The Geographical Journal 177 (3) (September 2011): 228–237.

142 (3) Summer 2013 223 The Crimi- 32 Austin T. Fragomen, Jr., “The Illegal Immigration Reform and Immigrant Responsibility Act nalization of 1996: An Overview,” International Migration Review 31 (2) (Summer 1997): 438–460. of Immi - grants 33 Barbara Hines, “An Overview of U.S. Immigration Law and Policy Since 9/11,” Texas Hispanic & the Immi- Journal of Law and Policy 12 (9) (2006): 17. gration- 34 Industrial Ibid. Complex 35 U.S. Immigration and Customs Enforcement, “Fact Sheet: Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act,” http://www.ice.gov/news/ library/factsheets/287g.htm (accessed July 30, 2012). 36 Verdeja, “Law, Terrorism, and the Plenary Power Doctrine”; and Juan Carlos Linares, “Hired Hands Needed: The Impact of Globalization and Human Rights Law on Migrant Workers in the United States,” Denver Journal of International Law Policy 34 (3) (Fall 2006). 37 Hines, “An Overview of U.S. Immigration Law and Policy Since 9/11.” Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 38 Ibid. 39 Cassie L. Peterson, “An Iowa Immigration Raid Leads to Unprecedented Criminal Conse- quences: Why ice Should Rethink the Postville Model,” Iowa Law Review 95 (1) (2009): 323–346. 40 Johnson and Trujillo, Immigration Law and the U.S.-Mexico Border. 41 Linares, “Hired Hands Needed.” 42 Alexander, The New Jim Crow. 43 Johnson and Trujillo, Immigration Law and the U.S.-Mexico Border. 44 Jacob S. Hacker, The Great Risk Shift: The New Economic Insecurity and the Decline of the Ameri- can Dream (New York: Oxford University Press, 2008). 45 Priscila Diaz, Delia S. Saenz, and Virginia S.Y. Kwan, “Economic Dynamics and Changes in Attitudes Toward Undocumented Mexican Immigrants in Arizona,” Analyses of Social Issues and Public Policy 11 (1) (2011): 302. 46 Naomi Klein, The Shock Doctrine: The Rise of Disaster Capitalism (New York: Metropolitan Books, 2007), 25. 47 Émile Durkheim, The Division of Labor in Society (1893; New York: Free Press, 1984). 48 Klein, The Shock Doctrine, 25. 49Douglas S. Massey, Joaquin Arango, Graeme Hugo, Ali Kouaouci, Adela Pellegrino, and J. Edward Taylor, “Theories of International Migration: A Review and Appraisal,” Population and Development Review 19 (3) (September 1993): 431–466. 50 Ibid. 51 Ibid., 450. 52 Dwight Eisenhower, “Eisenhower’s Farewell Address to the Nation,” January 17, 1961, http:// www.ourdocuments.gov/print_friendly.php?flash=true&page=&doc=90&title=President +Dwight+D.+Eisenhower%27s+Farewell+Address+%281961%29. 53 Tanya Golash-Boza, “The Immigration Industrial Complex: Why We Enforce Immigration Policies Destined to Fail,” Sociology Compass 3 (2) (2009): 301. 54 Charles C. Moskos, “The Concept of the Military-Industrial Complex: Radical Critique of Liberal Bogey?” Social Problems 21 (4) (1974): 498–512; and Golash-Boza, “The Immigration Industrial Complex,” 301. 55 Mike Davis, “Hell Factories in the Field,” The Nation 260 (7) (February 20, 1995): 229, http://road-trip.syntone.org/wp-content/uploads/2011/04/davis-mike-hell-factories -1995.pdf.

224 Dædalus, the Journal ofthe American Academy of Arts & Sciences 56 Angela Davis, “Masked Racism: Reflections on the Prison Industrial Complex,” Colorlines, Karen September 10, 1998, http://colorlines.com/archives/1998/09/masked_racism_reflections_on Manges _the_prison_industrial_complex.html; and Eric Schlosser, “The Prison-Industrial Com- Douglas & plex,” The Atlantic Monthly 282 (6) (1998): 54. Rogelio Sáenz 57 Earl Smith and Angela Hattery, “The Prison Industrial Complex,” Sociation Today 4 (2) (2006), http://www.ncsociology.org/sociationtoday/v42/prison.htm. 58 Golash-Boza, “The Immigration Industrial Complex.” 59 Bureau of Justice Statistics, Prisoners in 1994 (Washington, D.C.: U.S. Department of Justice, 1995), http://www.hawaii.edu/hivandaids/Prisoners_in_1994.pdf; and Bureau of Justice Statistics, Survey of State Prison Inmates, 1991 (Washington, D.C.: U.S. Department of Justice, 1993), http://www.prisonpolicy.org/scans/bjs/sospi91.pdf. 60 Ibid. 61 Mark Dow, American Gulag: Inside U.S. Immigration Prisons (Berkeley: University of California Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 Press, 2004), 9–10. 62 Phillip J. Wood, “Globalization and Prison Privatization: Why Are Most of the World’s For- Pro½t Adult Prisons to Be Found in the American South?” International Political Sociology 1 (3) (2007): 232; and Tanya Golash-Boza, “A Confluence of Interests in Immigration Enforce- ment: How Politicians, the Media, and Corporations Pro½t from Immigration Policies Des- tined to Fail,” Sociology Compass 3 (2) (2009): 290. 63 Golash-Boza, “The Immigration Industrial Complex,” 296. 64See Dow, American Gulag; Deepa Fernandes, Targeted: National Security and the Business of Immigration (St. Paul, Minn.: Seven Stories Press, 2007); Golash-Boza, “The Immigration Industrial Complex”; and Golash-Boza, “A Confluence of Interests in Immigration Enforce- ment.” 65 Brendan I. Koerner, “The Security Traders,” Mother Jones (September/October 2002), http:// www.motherjones.com/politics/2002/09/security-traders; and Mark Mills, “On My Mind: The Security-Industrial Complex,” Forbes, November 29, 2004, http://www.forbes.com/forbes/ 2004/1129/044.html. 66 Justin Akers Chacón and Mike Davis, No One is Illegal: Fighting Racism and State Violence on the U.S.-Mexico Border (Chicago: Haymarket Books, 2006). 67 Golash-Boza, “The Immigration Industrial Complex.” 68 Leo R. Chavez, The Latino Threat: Constructing Immigrants, Citizens, and the Nation (Stanford, Calif.: Stanford University Press, 2008). 69 Corrections Corporation of America, “Our History,” http://www.cca.com/about/cca-history (accessed July 28, 2012). 70 Ibid. 71 Corrections Corporation of America, “The cca Way,” http://www.cca.com/about/cca-way/ (accessed July 28, 2012). 72 Corrections Corporation of America, “Corporate Pro½le,” http://ir.correctionscorp.com/ phoenix.zhtml?c=117983&p=irol-homePro½le&t=&id=& (accessed July 28, 2012). 73 Corrections Corporation of America, “cca Facility Locations,” http://www.cca.com/facil ities/ (accessed July 28, 2012). 74 Ibid. 75 Corrections Corporation of America, “cca Announces 2011 Fourth Quarter and Full-Year Final Results,” http://ir.correctionscorp.com/phoenix.zhtml?c=117983&p=irol-newsArticle &ID=1658614&highlight= (accessed July 28, 2012). 76 Ibid.

142 (3) Summer 2013 225 The Crimi- 77 Funding Universe, “Corrections Corporation of America History,” http://www.fundinguniverse nalization .com/company-histories/corrections-corporation-of-america-history/ (accessed July 28, 2012). of Immi - grants 78 Ibid.; and Philip Mattera, Mafruza Khan, and Stephan Nathan, Corrections Corporation of & the Immi- America: A Critical Look at Its First Twenty Years (Charlotte, N.C.: Grassroots Leadership, gration- 2003), http://www.soros.org/sites/default/½les/CCA_Report.pdf. Industrial Complex 79 Corrections Corporation of America, “Board of Directors,” http://www.cca.com/about/ management-team/board-directors/ (accessed July 29, 2012). 80 Ibid. 81 Ibid. 82 Ibid. The website includes a full list of current cca board members, along with their bios. 83 Mattera et al., Corrections Corporation of America. 84 Ibid., 22. Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 85 Mattera et al., Corrections Corporation of America. 86 Ibid. 87 Adam Zagorin, “Scrutiny for a Bush Judicial Nominee,” Time, March 13, 2008, http://www .time.com/time/nation/article/0,8599,1722065,00.html. For further details on the many po - litical ½gures who have ties to cca, see Mattera et al., Corrections Corporation of America. 88 Mattera et al., Corrections Corporation of America. 89 New York Stock Exchange, “Corrections Corp of America (nyse:cxw),” https://www .google.com/½nance?client=ob&q=NYSE:CXW (accessed July 27, 2012). 90 New York Stock Exchange, “The geo Group, Inc. (nyse:geo),” https://www.google .com/½nance?client=ob&q=NYSE:GEO (accessed July 27, 2012). 91 Dow, American Gulag, 10. 92 Ibid. 93 Laura Sullivan, “Prison Economics Help Drive Arizona Immigration Law,” National Public Radio, October 28, 2010, http://www.npr.org/templates/story/story.php?storyID=130833 741&sc=emaf. 94 Johnson and Trujillo, Immigration Law and the U.S.-Mexico Border, 5. 95 Ibid., 11. 96 Diaz et al., “Economic Dynamics and Changes in Attitudes Toward Undocumented Mexican Immigrants in Arizona.” 97 United States v. Brignoni-Ponce, 422 U.S. 873 (1975); http://supreme.justia.com/cases/federal/ us/422/873/. 98 Ngai, Impossible Subjects, 12. 99 Coleman and Kocher, “Detention, Deportation, Devolution and Immigrant Incapacitation in the U.S.,” 230. 100 Coleman and Kocher, “Detention, Deportation, Devolution and Immigrant Incapacitation in the U.S.” 101 Ngai, Impossible Subjects. 102 Bryan S. Turner, Vulnerability and Human Rights (University Park: Pennsylvania State Uni- versity Press, 2006). 103 Caroline B. Brettell and Faith G. Nibbs, “Immigrant Suburban Settlement and the ‘Threat’ to Middle Class Status and Identity: The Case of Farmers Branch, Texas,” International Migration 49 (1) (2010): 1–30.

226 Dædalus, the Journal ofthe American Academy of Arts & Sciences 104 Robert Perkinson, Texas Tough: The Rise of America’s Prison Empire (New York: Picador, 2010). Karen 105 Manges Joseph T. Hallinan, Going up the River: Travels in a Prison Nation (New York: Random House, Douglas & 2001), 174. Rogelio 106 Henry Sieff, “Down for the Count: The Pro½table Game of Counting Immigrants in the Sáenz Census, Then Deporting Them,” Texas Observer, March 25, 2010, http://www.texasobserver .org/cover-story/down-for-the-count. 107 Sandel, What Money Can’t Buy, 7. 108 Bernard E. Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Cambridge, Mass.: Harvard University Press, 2011). 109 Gideon Sjoberg, “The Corporate Control Industry and Human Rights: The Case of Iraq,” Journal of Human Rights 4 (2005): 98.

110 Sjoberg, “The Corporate Control Industry and Human Rights.” Downloaded from http://direct.mit.edu/daed/article-pdf/142/3/199/1830315/daed_a_00228.pdf by guest on 02 October 2021 111 Gideon Sjoberg, “Corporations and Human Rights,” in Interpreting Human Rights: Social Sci- ence Perspectives, ed. Rhiannon Morgan and Bryan Turner (New York: Routledge, 2009). 112 Sandel, What Money Can’t Buy, 9–10. 113 Rogelio Sáenz, Karen Manges Douglas, David Geronimo Embrick, and Gideon Sjoberg, “Pathways to Downward Mobility: The Impact of Schools, Welfare and Prisons on People of Color,” in Handbook of the Sociology of Racial and Ethnic Relations, ed. Hernán Vera and Joe Feagin (New York: Springer, 2007). 114 Perkinson, Texas Tough. 115 John G. Ruggie, “Opening Address: United Nations Forum on Business & Human Rights, Geneva, Switerzerland,” December 4, 2012, http://www.hks.harvard.edu/m-rcbg/CSRI/ Ruggie_UN_Forum_4_December_2012.pdf. 116 Hacker and Pierson, Winner-Take-All Politics.

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