AZ immigration law, the private prison industry, and ALEC

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AZ immigration law, the private prison industry, and ALEC

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NPR
Prison Economics Help Drive Ariz. Immigration Law

by Laura Sullivan

October 28, 2010


Last year, two men showed up in Benson, Ariz., a small desert town 60 miles from the Mexico border, offering a deal.

Glenn Nichols, the Benson city manager, remembers the pitch.

"The gentleman that's the main thrust of this thing has a huge turquoise ring on his finger," Nichols said. "He's a great big huge guy and I equated him to a car salesman."

What he was selling was a prison for women and children who were illegal immigrants.

"They talk [about] how positive this was going to be for the community," Nichols said, "the amount of money that we would realize from each prisoner on a daily rate."

But Nichols wasn't buying. He asked them how would they possibly keep a prison full for years — decades even — with illegal immigrants?

"They talked like they didn't have any doubt they could fill it," Nichols said.

That's because prison companies like this one had a plan — a new business model to lock up illegal immigrants. And the plan became Arizona's immigration law.

Behind-The-Scenes Effort To Draft, Pass The Law

The law is being challenged in the courts. But if it's upheld, it requires police to lock up anyone they stop who cannot show proof they entered the country legally.

When it was passed in April, it ignited a fire storm. Protesters chanted about racial profiling. Businesses threatened to boycott the state.

Supporters were equally passionate, calling it a bold positive step to curb illegal immigration.

But while the debate raged, few people were aware of how the law came about.

NPR spent the past several months analyzing hundreds of pages of campaign finance reports, lobbying documents and corporate records. What they show is a quiet, behind-the-scenes effort to help draft and pass Arizona Senate Bill 1070 by an industry that stands to benefit from it: the private prison industry.

The law could send hundreds of thousands of illegal immigrants to prison in a way never done before. And it could mean hundreds of millions of dollars in profits to private prison companies responsible for housing them.

Arizona state Sen. Russell Pearce says the bill was his idea. He says it's not about prisons. It's about what's best for the country.

"Enough is enough," Pearce said in his office, sitting under a banner reading "Let Freedom Reign." "People need to focus on the cost of not enforcing our laws and securing our border. It is the Trojan horse destroying our country and a republic cannot survive as a lawless nation."

But instead of taking his idea to the Arizona statehouse floor, Pearce first took it to a hotel conference room.

It was last December at the Grand Hyatt in Washington, D.C. Inside, there was a meeting of a secretive group called the American Legislative Exchange Council. Insiders call it ALEC.

It's a membership organization of state legislators and powerful corporations and associations, such as the tobacco company Reynolds American Inc., ExxonMobil and the National Rifle Association. Another member is the billion-dollar Corrections Corporation of America — the largest private prison company in the country.

It was there that Pearce's idea took shape.

"I did a presentation," Pearce said. "I went through the facts. I went through the impacts and they said, 'Yeah.'"

Drafting The Bill

The 50 or so people in the room included officials of the Corrections Corporation of America, according to two sources who were there.

Pearce and the Corrections Corporation of America have been coming to these meetings for years. Both have seats on one of several of ALEC's boards.

And this bill was an important one for the company. According to Corrections Corporation of America reports reviewed by NPR, executives believe immigrant detention is their next big market. Last year, they wrote that they expect to bring in "a significant portion of our revenues" from Immigration and Customs Enforcement, the agency that detains illegal immigrants.

In the conference room, the group decided they would turn the immigration idea into a model bill. They discussed and debated language. Then, they voted on it.

"There were no 'no' votes," Pearce said. "I never had one person speak up in objection to this model legislation."

Four months later, that model legislation became, almost word for word, Arizona's immigration law.

They even named it. They called it the "Support Our Law Enforcement and Safe Neighborhoods Act."

"ALEC is the conservative, free-market orientated, limited-government group," said Michael Hough, who was staff director of the meeting.

Hough works for ALEC, but he's also running for state delegate in Maryland, and if elected says he plans to support a similar bill to Arizona's law.

Asked if the private companies usually get to write model bills for the legislators, Hough said, "Yeah, that's the way it's set up. It's a public-private partnership. We believe both sides, businesses and lawmakers should be at the same table, together."

Nothing about this is illegal. Pearce's immigration plan became a prospective bill and Pearce took it home to Arizona.

Campaign Donations

Pearce said he is not concerned that it could appear private prison companies have an opportunity to lobby for legislation at the ALEC meetings.

"I don't go there to meet with them," he said. "I go there to meet with other legislators."

Pearce may go there to meet with other legislators, but 200 private companies pay tens of thousands of dollars to meet with legislators like him.

As soon as Pearce's bill hit the Arizona statehouse floor in January, there were signs of ALEC's influence. Thirty-six co-sponsors jumped on, a number almost unheard of in the capitol. According to records obtained by NPR, two-thirds of them either went to that December meeting or are ALEC members.

That same week, the Corrections Corporation of America hired a powerful new lobbyist to work the capitol.

The prison company declined requests for an interview. In a statement, a spokesman said the Corrections Corporation of America, "unequivocally has not at any time lobbied — nor have we had any outside consultants lobby – on immigration law."

At the state Capitol, campaign donations started to appear.

Thirty of the 36 co-sponsors received donations over the next six months, from prison lobbyists or prison companies — Corrections Corporation of America, Management and Training Corporation and The Geo Group.

By April, the bill was on Gov. Jan Brewer's desk.

Brewer has her own connections to private prison companies. State lobbying records show two of her top advisers — her spokesman Paul Senseman and her campaign manager Chuck Coughlin — are former lobbyists for private prison companies. Brewer signed the bill — with the name of the legislation Pearce, the Corrections Corporation of America and the others in the Hyatt conference room came up with — in four days.

Brewer and her spokesman did not respond to requests for comment.

In May, The Geo Group had a conference call with investors. When asked about the bill, company executives made light of it, asking, "Did they have some legislation on immigration?"

After company officials laughed, the company's president, Wayne Calabrese, cut in.

"This is Wayne," he said. "I can only believe the opportunities at the federal level are going to continue apace as a result of what's happening. Those people coming across the border and getting caught are going to have to be detained and that for me, at least I think, there's going to be enhanced opportunities for what we do."

Opportunities that prison companies helped create.
Okay. The specifics of this particular case are bad enough; essentially executives of companies that run private prisons wrote the new Arizona immigration legislation specifically to benefit themselves and their corporations, and gave huge campaign donations to politicians who did their dirty work. It sucks, but as pretty much anyone who remotely pays attention knows, it's sadly business as usual.

But what grabbed my attention when I heard this on the radio yesterday morning was the existence of the American Legislative Exchange Council. I mean, really? There's seriously a private conference group for powerful corporations and legislators to meet behind closed doors and conspire? What the hell is this, some noir movie? I mean, I'm sure the conference room wasn't smoke-filled, but other than that...

The group's website may be found here. (Incidentally, I can't help but notice that the NPR piece doesn't make their ALEC in the News page.) Quick research has uncovered the usual screeching about NPR on conservative blogs (the group is so secretive it has a website!), but despite publicly acknowledging its own existence and ideological bent, looking around that website quickly reveals that it is rather secretive; most sections of the website are restricted to members only, and it's not a simple registration process; of course, pursuant to the group's purpose, one most be either a powerful corporation or a state legislator.

The fact that such open corruption can take place under our very noses and that
The god damned article wrote:Nothing about this is illegal
makes me sick.
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Re: AZ immigration law, the private prison industry, and ALE

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I'm pretty sure I posted an article on this very topic about this months ago. Unsurprisingly nobody replied.
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Re: AZ immigration law, the private prison industry, and ALE

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It's disgusting, but what exactly is there to talk about? Chest beating about how disgusting it is? Lots of important things happen and threads get made about it with no response. Some times it is not because we don't care, rather what is there to say about it besides it sucks?
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But as far as board culture in general, I do think that young male overaggression is a contributing factor to the general atmosphere of hostility. It's not SOS and the Mess throwing hand grenades all over the forum- Red
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Re: AZ immigration law, the private prison industry, and ALE

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Knife wrote:It's disgusting, but what exactly is there to talk about? Chest beating about how disgusting it is? Lots of important things happen and threads get made about it with no response. Some times it is not because we don't care, rather what is there to say about it besides it sucks?
I was mostly surprised that nobody rushed to their defense.
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Re: AZ immigration law, the private prison industry, and ALE

Post by Gil Hamilton »

Or more to the point, some comment from the people who spent a ton of time defending SB1070 as a good and necessary way to enforce the laws of the country that totally isn't in place as a targeted form of profiling. That SB1070 has been from day one a scam in order for private prisons to fill up on as many brown folks that no one will miss, so they can charge the state per head for keeping them in crappy conditions is something you'd think they'd have some response to.
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