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  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 ◦ 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

 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.