KJ McElrath  |  April 27, 2019

Category: Detention Center Labor

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Two hands hold prison bars.A CoreCivic lawsuit alleges the for-profit prison contractor has been subjecting detainees at immigration detention centers to forced labor.

Plaintiffs Sylvester O. and Jonathan G. say they were immigrants who had been detained at a CoreCivic facility in San Diego pending hearings to determine whether or not they would be allowed to remain in the country. They claim that CoreCivic violated forced labor laws as well as state and federal trafficking protection statutes. CoreCivic also stands accused of unfair competition, violations of California’s labor code, negligence and unjust enrichment.

Case Background

CoreCivic, which was founded in 1983 as Corrections Corporation of America (CCA), was the first to enter the nascent private prison industry during the Reagan Administration’s drive to privatize many government agencies. The company is among those that have been awarded federal Immigration and Customs Enforcement contracts to house undocumented immigrants until their requests for asylum can be reviewed.

Sylvester, who was detained at CoreCivic’s Otay Mesa facility for ten years, and his co-plaintiff claim that during their detention, they and other detainees were forced to clean bathrooms and medical examination rooms, do laundry and work in the library – all for $1 a day. However, the complaint also alleges that in many cases, detainees were not paid at all.

A spokesperson for defendant CoreCivic told a reporter at Courthouse News that “all work programs at our ICE detention facilities are completely voluntary and operated in full compliance with ICE standards.” However, plaintiffs state that detainees who refused to work faced draconian punishments, including solitary confinement, as well as loss of privileges.

Isn’t Forced Prison Labor Legal?

Using convict labor by itself is not illegal, and has been part of the penal system in many countries for centuries. Inmates at U.S. public prisons have long been assigned jobs both within their places of incarceration and on the outside. Justification for such practices are based on the fact that inmates are convicted criminals and should be required to do something to contribute to their own upkeep and provide needed services to the public.

Immigration detention facilities are a different matter, however. The detainees at these facilities are not convicts. They are primarily refugees whose only crime was to cross the U.S. border without documentation.

In many cases, these immigrants are fleeing violence and poverty in their countries of origin; they have not been convicted of any crime. Furthermore, according to the CoreCivic lawsuit, the labor these detainees are forced to do does not benefit the tax-paying public; it simply allows this private company to cut its own operating costs and increase its profit margin.

Other CoreCivic Complaints

Since 2016, a number of CoreCivic complaints have alleged abuses of detainees beyond forced, exploitative labor practices. A recent investigation by Rewire News and Latino USA has raised serious questions about general living conditions inside private immigrant detention centers and the safety of detainees. Allegations of child abuse and sexual assault have even been raised. In any event, it appears that forced and exploitative labor practices are only the tip of the proverbial iceberg when it comes to CoreCivic complaints and industry-wide corruption.

The CoreCivic Lawsuit is Case No. 17-CV-01112-JLS-NLS, U.S. District Court, Southern District of California.

Join a Free CoreCivic Class Action Lawsuit Investigation

If you were detained in one of CoreCivic’s detention facilities as an immigration detainee with pending immigration status or deportation within the past year or you witnessed forced-labor practices, you may qualify to participate in an immigration detainee labor lawsuit investigation.

Fill out the form on this page for more information. 

Learn More

This article is not legal advice. It is presented
for informational purposes only.

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