Using Jailed Migrants as a Pool of Cheap Labor, i.e., Slaves

The New York Times published an article titled “Using Jailed Migrants as a Pool of Cheap Labor.” By “cheap labor,” they mean slaves.

I’ve written about this phenomenon before, in “Human Rights Need not Apply” and “A History of US Labor in 4 Parts & the Reinstitution of Slavery.” The privatization of prisons, and the insatiable desire for profit endemic to the prison-industrial complex (and to the capitalist system itself), in conjunction with the racist, xenophobic police state that criminalizes black and brown bodies for the horrendous crime of merely existing (particularly in wake of the racist, xenophobic “War on Terror”—”terror” only meaning “Islamic” terror, of course), allows the state to imprison people of color for no reason and force them into private prisons, where they make zero or close-to-zero wages.

The New York Times has caught on to this phenomenon, to an extent.

The article tells of a detention center in which a dozen immigrants prepare food for about 900 other detainees, where detainees do “most of the work—mopping bathroom stalls, folding linens, stocking commissary shelves,” etc.

The author, Ian Urbina, writes:

As the federal government cracks down on immigrants in the country illegally and forbids businesses to hire them, it is relying on tens of thousands of those immigrants each year to provide essential labor — usually for $1 a day or less — at the detention centers where they are held when caught by the authorities.

This work program is facing increasing resistance from detainees and criticism from immigrant advocates. In April, a lawsuit accused immigration authorities in Tacoma, Wash., of putting detainees in solitary confinement after they staged a work stoppage and hunger strike.

Every day, about 5,500 detained immigrants work in the nation’s immigration detention centers. Some are paid a dollar a day; others earn nothing.

The federal authorities say the program is voluntary, legal and a cost-saver for taxpayers. But immigrant advocates question whether it is truly voluntary or lawful, and argue that the government and the private prison companies that run many of the detention centers are bending the rules to convert a captive population into a self-contained [slave] labor force.

“Voluntary”? Yeah right. No person is going to work for a prison for zero or close-to-zero wages. Detainees are not working “voluntarily” (right-wing libertarians’ favorite word), but rather because they are coerced into doing so; they are threatened with solitary confinement, with punishment, with hunger, with verbal abuse, and even with physical and sexual harassment.

Last year, at least 60,000 immigrants worked in the federal government’s nationwide patchwork of detention centers — more than worked for any other single employer in the country, according to data from United States Immigration and Customs Enforcement, known as ICE. The cheap labor, 13 cents an hour, saves the government and the private companies $40 million or more a year by allowing them to avoid paying outside contractors the $7.25 federal minimum wage. Some immigrants held at county jails work for free, or are paid with sodas or candy bars, while also providing services like meal preparation for other government institutions.

Unlike inmates convicted of crimes, who often participate in prison work programs and forfeit their rights to many wage protections, these immigrants are civil detainees placed in holding centers, most of them awaiting hearings to determine their legal status. Roughly half of the people who appear before immigration courts are ultimately permitted to stay in the United States — often because they were here legally, because they made a compelling humanitarian argument to a judge or because federal authorities decided not to pursue the case.

“I went from making $15 an hour as a chef to $1 a day in the kitchen in lockup,” said Pedro Guzmán, 34, who had worked for restaurants in California, Minnesota and North Carolina before he was picked up and held for about 19 months, mostly at Stewart Detention Center in Lumpkin, Ga. “And I was in the country legally.”

Mr. Guzmán said that he had been required to work even when he was running a fever, that guards had threatened him with solitary confinement if he was late for his 2 a.m. shift, and that his family had incurred more than $75,000 in debt from legal fees and lost income during his detention. A Guatemalan native, he was released in 2011 after the courts renewed his visa, which had mistakenly been revoked, in part because of a clerical error. He has since been granted permanent residency.

Guzmán’s story shows exactly how this horrific system works. He was here in the country legally, but he is Latino. Therefore, cops can just pick him up and toss him in prison for 19 months, where he will work for $1 per day (i.e., basically nothing), and where his family will amass an enormous debt that they are unable to pay off, given the near-poverty wages this country pays workers (especially workers of color).

Urbina continues:

Officials at private prison companies declined to speak about their use of immigrant detainees, except to say that it was legal. Federal officials said the work helped with morale and discipline and cut expenses in a detention system that costs more than $2 billion a year.

“The program allows detainees to feel productive and contribute to the orderly operation of detention facilities,” said Gillian M. Christensen, a spokeswoman for the immigration agency. Detainees in the program are not officially employees, she said, and their payments are stipends, not wages. No one is forced to participate, she added, and there are usually more volunteers than jobs.

Marian Martins, 49, who was picked up by ICE officers in 2009 for overstaying her visa and sent to Etowah County Detention Center in Gadsden, Ala., said work had been her only ticket out of lockdown, where she was placed when she arrived without ever being told why.

Ms. Martins said she had worked most days cooking meals, scrubbing showers and buffing hallways. Her only compensation was extra free time outside or in a recreational room, where she could mingle with other detainees, watch television or read, she said.

“People fight for that work,” said Ms. Martins, who has no criminal history. “I was always nervous about being fired, because I needed the free time.”

Ms. Martins fled Liberia during the civil war there and entered the United States on a visitor visa in 1990. She stayed and raised three children, all of whom are American citizens, including two sons in the Air Force. Because of her deteriorating health, she was released from detention in August 2010 with an electronic ankle bracelet while awaiting a final determination of her legal status.

Natalie Barton, a spokeswoman for the Etowah detention center, declined to comment on Ms. Martins’s claims but said that all work done on site by detained immigrants was unpaid, and that the center complied with all local and federal rules.

The compensation rules at detention facilities are remnants of a bygone era. A 1950 law created the federal Voluntary Work Program and set the pay rate at a time when $1 went much further. (The equivalent would be about $9.80 today.) Congress last reviewed the rate in 1979 and opted not to raise it. It was later challenged in a lawsuit under the Fair Labor Standards Act, which sets workplace rules, but in 1990 an appellate court upheld the rate, saying that “alien detainees are not government ‘employees.’ ”

Immigrants in holding centers may be in the country illegally, but they may also be asylum seekers, permanent residents or American citizens whose documentation is questioned by the authorities. On any given day, about 5,500 detainees out of the 30,000-plus average daily population work for $1, in 55 of the roughly 250 detention facilities used by ICE. Local governments operate 21 of the programs, and private companies run the rest, agency officials said.

These detainees are typically compensated with credits toward food, toiletries and phone calls that they say are sold at inflated prices. (They can collect cash when they leave if they have not used all their credits.) “They’re making money on us while we work for them,” said Jose Moreno Olmedo, 25, a Mexican immigrant who participated in the hunger strike at the Tacoma holding center and was released on bond from the center in March. “Then they’re making even more money on us when we buy from them at the commissary.”

This is to say, 229 of the 250 detention facilities used by the ICE, or 92%, are private.

Welcome to the neoliberal US, a racist world of private prisons, where private prison corporations exploit innocent people of color, making fortune$.

Some advocates for immigrants express doubts about the legality of the work program, saying the government and contractors are exploiting a legal gray area.

“This in essence makes the government, which forbids everyone else from hiring people without documents, the single largest employer of undocumented immigrants in the country,” said Carl Takei, a lawyer with the American Civil Liberties Union’s National Prison Project.

Actually, I would push back a bit against Takei’s insistence. It’s not the government who is the primary employer; it is the private prison industry, with government support, of course.

Jacqueline Stevens, a professor of political science at Northwestern University, said she believed the program violated the 13th Amendment, which abolished slavery and involuntary servitude except as punishment for crime. “By law, firms contracting with the federal government are supposed to match or increase local wages, not commit wage theft,” she said.

Immigration officials underestimate the number of immigrants involved and the hours they work, Professor Stevens added. Based on extrapolations from ICE contracts she has reviewed, she said, more than 135,000 immigrants a year may be involved, and private prison companies and the government may be avoiding paying more than $200 million in wages that outside employers would collect.

A 2012 report by the A.C.L.U. Foundation of Georgia described immigrants’ being threatened with solitary confinement if they refused certain work. Also, detainees said instructions about the program’s voluntary nature were sometimes given in English even though most of the immigrants do not speak the language.

This is a pivotal point. The labor programs are supposedly “voluntary,” and are defended as such, but many of the workers being coerced into “voluntarily” work don’t know that. It’s not like these prisons don’t know that many of their detainees don’t speak English; they are perfectly aware. They can simply use it as an excuse to defend their neo-slavery practices.

Eduardo Zuñiga, 36, spent about six months in 2011 at the Stewart Detention Center in Georgia, awaiting deportation to Mexico. He had been detained after being stopped at a roadblock in the Atlanta area because he did not have a driver’s license and because his record showed a decade-old drug conviction for which he had received probation.

At Stewart, Mr. Zuñiga worked in the kitchen and tore ligaments in one of his knees after slipping on a newly mopped floor, leaving him unable to walk without crutches. Despite doctors’ orders to stay off the leg, Mr. Zuñiga said, the guards threatened him with solitary confinement if he did not cover his shifts. Now back in Mexico, he said in a phone interview that he must walk with a leg brace.

Gary Mead, who was a top ICE administrator until last year, said the agency scrutinized contract bids from private companies to ensure that they did not overestimate how much they could depend on detainees to run the centers.

Detainees cannot work more than 40 hours a week or eight hours a day, according to the agency. They are limited to work that directly contributes to the operation of their detention facility, said Ms. Christensen, the agency spokeswoman, and are not supposed to provide services or make goods for the outside market.

But that rule does not appear to be strictly enforced.

At the Joe Corley Detention Facility north of Houston, about 140 immigrant detainees prepare about 7,000 meals a day, half of which are shipped to the nearby Montgomery County jail. Pablo E. Paez, a spokesman for the GEO Group, which runs the center, said his company had taken it over from the county in 2013 and was working to end the outside meal program.

Near San Francisco, at the Contra Costa West County Detention Facility, immigrants work alongside criminal inmates to cook about 900 meals a day that are packaged and trucked to a county homeless shelter and nearby jails.

Mother Jones, along with others, has also reported that prisoners, in federal US prisons, often make products for Starbucks, Nintendo, Windows, Victoria’s Secret, JCPenney, Wal-Mart, the military, the police, and more.

In the final section of his article, Urbina writes, under the subheader “A Booming Business”:

While President Obama has called for an overhaul of immigration law [in the opposite direction of what’s required, Urbina doesn’t note—i.e., against the favor of immigrants, not in their favor], his administration has deported people — roughly two million in the last five years — at a faster pace than any of his predecessors. The administration says the sharp rise in the number of detainees has been partly driven by a requirement from Congress that ICE fill a daily quota of more than 30,000 beds in detention facilities. The typical stay is about a month, though some detainees are held much longer, sometimes for years.

Congress, then, along with the Obama administration, is absolutely complicit in creating this system of slavery, by mandating that private prison beds be filled—and ensuring the private prison lobbyists who helped fund their campaigns make as much money as possible.

Detention centers are low-margin businesses, where every cent counts, said Clayton J. Mosher, a professor of sociology at Washington State University, Vancouver, who specializes in the economics of prisons. Two private prison companies, the Corrections Corporation of America and the GEO Group, control most of the immigrant detention market. Many such companies struggled in the late 1990s amid a glut of private prison construction, with more facilities built than could be filled, but a spike in immigrant detention after Sept. 11 helped revitalize the industry.

A few things of interest to note here:

First and foremost, we must seriously ask ourselves, why does “prison economics” exist? This is capitalism at its finest—figuring out how to “efficiently” and “scientifically” exploit prisoners.

I suspect right-wing libertarians will claim that, if the private prison market is “freed,” and not dominated by two companies, they will be more “efficient.” Here in the real world, however, those of us with some kind of rudimentary moral compass are compelled to proclaim that private prisons of any kind cannot and should not exist. Period.

As for the “glut of private prison construction” in the late 1990s, I must say: Go Clinton! Democrats love private prisons too!

And, finally, the fact that “a spike in immigrant detention after Sept. 11 helped revitalize the [private prison] industry” only confirms the thesis of my August 2013 article “Human Rights Need not Apply“: “The ‘War on Terror’—terror in response to Uncle Sam’s much greater terror in the ‘Muslim world’—justifies frenzied xenophobia, racism against all immigrants, which allows a crackdown on all immigration, insuring a steady flow of (mostly Latino) ‘illegal’ slave labor into private prisons.”

Urbina concludes:

The Corrections Corporation of America’s revenue, for example, rose more than 60 percent over the last decade, and its stock price climbed to more than $30 from less than $3 [i.e., over 1000% growth]. Last year, the company made $301 million in net income and the GEO Group made $115 million, according to earnings reports.

Prison companies are not the only beneficiaries of immigrant labor. About 5 percent of immigrants who work are unpaid, ICE data show. Sheriff Richard K. Jones of Butler County, Ohio, said his county saved at least $200,000 to $300,000 a year by relying on about 40 detainees each month for janitorial work. “All I know is it’s a lot of money saved,” he said.

Mark Krikorian, executive director of the Center for Immigration Studies, an advocacy group that promotes greater controls on immigration, said that with proper monitoring, the program had its advantages, and that the criticisms of it were part of a larger effort to delegitimize immigration detention

Some immigrants said they appreciated the chance to work. Minsu Jeon, 23, a South Korean native who was freed in January after a monthlong stay at an immigration detention center in Ocilla, Ga., said that while he thought the pay was unfair, working as a cook helped pass the time.

“They don’t feed you that much,” he added, “but you could eat food if you worked in the kitchen.”

Let’s deconstruct what is being said here.

The NYT quotes Mark Krikorian, executive director of the Center for Immigration Studies, that justifies immigration detention (and slavery). What the NYT fails to mention is that the CIS is an explicitly and openly conservative, right-wing think tank. It is vociferously anti-immigrant. (Neither of these facts has ever stopped the Census Bureau and Department of Justice from doing deals with the CIS before, nevertheless).

Krikorian, himself the son of Armenian immigrants, went so far as to write a book titled The New Case Against Immigration, Both Legal and Illegal. “America has outgrown mass immigration,” he says. It’s of course quite easy for him to say that—he’s already here.

The Washington Post writes, in “Krikorian’s world view, there is good immigration — the kind that happened long ago. And there is bad immigration — the kind that happens now. There are immigrants who melt into a place and let it melt into them, and there are immigrants who inhabit a place without allowing it to inhabit them.”

This is the kind of source the NYT cites in order to be “neutral.” Fortunately, his brief appearance does little to counterbalance the overwhelming horrors present in the rest of the article.

As for Minsu Jeon, note that one of the principal reasons he agreed to work for virtually no pay was not because he “wanted to,” but because of food. Starve, or enslave yourself in order to eat. This is the “voluntary” choice detainees have. (Uncoincidentally, it is also the same scenario laborers outside of prisons often face. It is this scenario that right-wing libertarians—those same free-market fundamentalists who so enthusiastically applaud private prisons—advocate when they speak of the supposed “voluntary” nature of wage slavery.)

In reflection on this 21st-century form of slavery, we should too note the similarities of this present political phenomenon to the Fugitive Slave Act of 1850. The act, under the veneer of defending “private property,” effectively allowed white people to imprison any black Americans they wanted. Whites often had to show very little, if any, evidence to enslave a black person, just as today cops need to show very little, if any, evidence to imprison a person of color (especially black and Latino men), forcing them to work for zero or close-to-zero wages (thus enslaving them).

Say hello to the “new” US. Same as the old US. But with more “efficient” private prisons.