WHEN MISERY MEANS PROFITImmigration Enforcement, the Prison Industry

and the American Legislative Exchange Council

THE CURRENT CONTEXT: CRIMINALIZATION,

DEPORTATION AND INCARCERATION

1996 federal statute allows state and local officers to enforce federal immigration law

Only federal program that allows direct enforcement by local officers

Mostly allows enforcement in jails (90%) Operates in 72 jurisdictions nationally Increased operating budget

◦ 2007: $15.6 million◦ 2010: $68 million

CRIMINALIZATION: 287G

2007 DHS initiative allows FBI to share fingerprint data with DHS to identify violators of immigration law when arrested for criminal offenses

DHS removed 64,072 people (as of 10/10) Secure Communities expected to be

mandatory by 2013◦ Already in all 25 southwest border counties◦ $200 million budget◦ 686 jurisdictions in 33 states (as of10/10)

CRIMINALIZATION: Secure Communities

2005 Border Patrol initiative designed to criminally prosecute all unauthorized entrants

Forces migrants into federal criminal courts, federal penal system

En masse hearings – up to 80 defendants◦ Meeting with counsel, initial appearance,

arraignment, plea, sentencing in one day Immigration prosecutions now 54% of all

federal criminal prosecutions

CRIMINALIZATION: Operation Streamline

“It has been another record-breaking year at ICE” – DHS Secretary Janet Napolitano (2010)

Deportations under Obama◦ 54% have no criminal record◦ FY 2009: 389,834◦ FY 2010: 392,000

DEPORTATION

DEPORTATION

DEPORTATION

3,000 ICE detainees per day in AZ◦ 58% increase over 6 years

Over 400,000 people to be detained this year

Latin@s now exceed 50% of those sentenced for federal felony offenses

INCARCERATION

Since 2005 “Operation Streamline has funneled more than $1.2 billion into the largely for-profit detention system in Texas, driving the expansion of private prisons along the border.”

INCARCERATION

CRIMINALIZATION AND THE PRISON

INDUSTRY

World’s largest prison population: 2.4 million people incarcerated and over 7 million under "correctional supervision”

World’s highest incarceration rate: 743 per 100,000 people

U.S. incarcerates 25% of world’s prisoners Increasingly privatized

◦ Since 2000 overall prison population has risen 16%◦ Population in private state facilities has risen 33%◦ Population in private federal facilities has risen 120%

U.S. PRISON INDUSTRIAL COMPLEX

PRIVATE PRISON INDUSTRY Corrections Corporation of America (CCA)

◦ 80,000 beds, 66 U.S. facilities in 19 states, $1.7 billion annual revenue

The GEO Group (GEO)◦ 80,000 beds, 53 U.S. facilities in 17 states, $1.3

billion annual revenue Management and Training Corporation (MTC)

◦ 26,000 beds, 20 U.S. facilities in 7 states 130,000 people in private prisons (as of

12/09)

CCA: “The demand for our facilities and services could be adversely affected by the relaxation of enforcement efforts, leniency in conviction or parole standards and sentencing practices or through the decriminalization of certain activities that are currently proscribed by our criminal laws…”

GEO Group: “Those people coming across the border and getting caught are going to have to be detained and…there's going to be enhanced opportunities for what we do.”

PRISON PROFITEERING

Lobbying◦ CCA: $17.6 million in lobbying at federal level since 2000◦ GEO: $2.4 million in lobbying at federal level since 2004

Campaign donations◦ 2010 was ten-year high ◦ In the past decade, CCA and GEO gave:

$835,514 to federal candidates $6,092,331 to state candidates 75% to eventual election winners

Relationships and associations◦ Ties to legislators and executives (AZ Gov. Jan Brewer)◦ ALEC membership

PRISON INDUSTRY INFLUENCE

PRISON INDUSTRY INFLUENCE

AMERICAN LEGISLATIVE EXCHANGE COUNCIL

“The nation's largest, non-partisan, individual public-private membership association of state legislators.”

Membership◦ 2000 legislators (1/3 of all state lawmakers)◦ Over 200 corporate and special interest members

Revenue (2008)◦ $7 million budget◦ 1.3% from legislators◦ 81.7% from corporations

AMERICAN LEGISLATIVEEXCHANGE COUNCIL

Focus on concerns of member industries Nine task forces approve model legislation

◦ Corporate members buy access◦ Legislation drafted by industry representatives◦ Shook, Hardy and Bacon LLP

Three annual meetings◦ “networking opportunities”◦ FUN!

“Educational activities”◦ Reports, scorecards, toolkits

THE ALEC MODEL

Hundreds of bills introduced annually Average success rate: 17% 2009

◦ 826 bills introduced◦ 115 enacted◦ 14% success rate◦ Several states passed 8 bills◦ 38 states passed at least 1 bill

Some years implementation rate has reached 38%

ALEC’S SUCCESS

At least 1 dozen ALEC members do prison business

ALEC prison industry members◦ Corrections: CCA, Geo Group, Wackenhut

Corrections (now G4S)◦ Dining: Sodexo Marriot◦ Construction: Turner Construction◦ Phone: AT&T and GTE

ALEC AND THE PRISON INDUSTRY

ALEC “really took the forefront in promoting” incarceration during the 1990s.

Truth-in-sentencing, three-strikes (habitual offender), and mandatory minimum sentencing laws

1991: Partnered with NRA for “CrimeStrike” campaign 40 states passed truth-in-sentencing 25 states passed three-strikes 1990s

◦ Prison construction boomed◦ Incarceration rate doubled◦ Prison population expanded by one-half million people◦ Private jailers made millions

ALEC AND THE PRISON INDUSTRY

ALEC ANDARIZONA’S SB1070

Prohibits sanctuary policies Criminalizes day labor Makes transporting and “harboring”

undocumented people a misdemeanor *Requires law enforcement to determine

immigration status during lawful stop *Requires non-citizens to carry I.D. *Makes soliciting and performing work

illegal for undocumented people*Enjoined by federal judge Susan Bolton, 7/28/10

SB 1070

“Arizona’s, and the nation’s, most outspoken advocate for stopping the illegal invasion, securing our borders and enforcing our laws”

AZ SENATOR RUSSELL PEARCE

36 AZ state legislators are ALEC members◦ 40% of state legislature

Public Safety and Elections Task Force◦ Pearce◦ CCA◦ American Bail Coalition◦ National Rifle Association

1070’S PATH TO LAW

Drafted by Kris Kobach (F.A.I.R.) Introduced at December 2009 State and

Nation Policy Summit in Washington, D.C. Unanimously approved by Public Safety and

Elections Task Force Became “No Sanctuary Cities for Illegal

Immigrants Act”

1070’S PATH TO LAW

Introduced to AZ state legislature in January Co-sponsored by 36 legislators

◦ 2/3 ALEC members◦ 30 receive donations from prison industry

SB1070 signed April 23

1070’S PATH TO LAW

24 states introduced similar bills Laws passed in Utah, Indiana, Georgia,

Alabama and Utah

“Copycats”

Drafted by lawyer and corporate member Support from ALEC members ALEC never intervened directly Similar legislation appeared throughout

nation

TYPICAL ALEC

RESISTANCE TO BORDERS, PRISONS, COLONIALISM

AND ALEC

The Westin Kierland Resort & Spa 6902 E. Greenway Parkway Scottsdale, AZ 85254

CONVERGENCE AGAINST ALEC November, 2011 - Phoenix, AZ

Tuesday, November 29th◦ Spokescouncils◦ Trainings

Wednesday, November 30th◦ Shut it down

Thursday, December 1st◦ Decentralized actions throughout Phoenix

Friday, December 2nd◦ Decentralized actions throughout Phoenix◦ March during First Friday in downtown

Saturday, December 3rd◦ Conference

Workshops and presentations on ongoing struggles in Arizona

CONVERGENCE SCHEDULE

azresistsalec.wordpress.com/ ◦ More information about ALEC and updates on the convergence

planned for this November. alecexposed.org/

◦ A database of all the recently-leaked ALEC model legislation and a wealth of other information.

inthesetimes.com/article/6084/corporate_con_game/◦ The first article to expose ALEC’s role in crafting and promoting

Arizona’s SB1070. alecwatch.org/report.html

◦ A detailed examination’s of ALEC’s history, operating model and influence on state legislatures.

chaparralrespectsnoborders.blogspot.com/◦ Information about ongoing resistance in Arizona as well as resources

related to ALEC and prisons.

FOR MORE INFORMATION