Immigration Enforcement, the Prison Industry
and the American Legislative Exchange Council





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



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)



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


“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

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

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.”




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%

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.”

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


“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


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



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%


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 “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






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

“Arizona’s, and the nation’s, most outspoken
advocate for stopping the illegal invasion,
securing our borders and enforcing our laws”

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




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”


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


24 states introduced similar bills
Laws passed in Utah, Indiana, Georgia,
Alabama and Utah




Drafted by lawyer and corporate member
Support from ALEC members
ALEC never intervened directly
Similar legislation appeared throughout
nation

The Westin Kierland Resort & Spa
6902 E. Greenway Parkway
Scottsdale, AZ 85254

Tuesday, November 29th
◦ Spokescouncils
◦ Trainings

Wednesday, November 30th

Thursday, December 1st
◦ Shut it down
◦ 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

azresistsalec.wordpress.com/

alecexposed.org/

inthesetimes.com/article/6084/corporate_con_game/

alecwatch.org/report.html

chaparralrespectsnoborders.blogspot.com/
◦ More information about ALEC and updates on the
convergence planned for this November.
◦ A database of all the recently-leaked ALEC model
legislation and a wealth of other information.
◦ The first article to expose ALEC’s role in crafting and
promoting Arizona’s SB1070.
◦ A detailed examination’s of ALEC’s history, operating
model and influence on state legislatures.
◦ Information about ongoing resistance in Arizona as well as
resources related to ALEC and prisons.