ATLANTA April 17, 2018 – A private prison company under contract with Stewart County to house individual’s detained by U.S. Immigration and Customs Enforcement (ICE) is forcing detained immigrants at Stewart Detention Center in Lumpkin, Georgia to work for as little as $1 a day to clean, cook, and maintain the detention center in a scheme to maximize profits, according to a class-action lawsuit filed today against CoreCivic, Inc.
Detained immigrants who refuse to work are threatened with solitary confinement and the loss of access to basic necessities, like food, clothing, personal hygiene products and phone calls to loved ones in violation of federal anti-trafficking laws, according to the lawsuit filed by the Southern Poverty Law Center (SPLC), Law Office of R. Andrew Free, Project South, and Burns Charest LLP. Similar lawsuits have been filed in California, Washington, Colorado and Texas challenging private prison companies’ work practices.
Azadeh Shahshahani, Legal and Advocacy Director for Project South, said, “The prison corporation Core Civic is exploiting the labor of detained immigrants to enrich itself– last year its revenues were nearly $1.8 billion. It must be stopped.”
“CoreCivic is placing profits above people by forcing detained immigrants to perform manual labor for next to nothing, saving millions of dollars that would otherwise provide jobs and stimulate the local economy,” said Meredith Stewart, senior attorney at the SPLC. “CoreCivic is padding its pockets by violating anti-trafficking laws.”
The “Dollar-a-Day” program creates a lucrative profit scenario for CoreCivic: Detained immigrants are forced to purchase basic necessities from CoreCivic’s commissary, and the primary way to fund their purchases is to participate in the work program that is necessary for the operation of the facility. These jobs include providing basic functions at the facility like cooking and cleaning, work for which CoreCivic would otherwise have to hire and pay outside employees.
Plaintiff Wilhen Hill Barrientos is an asylum seeker from Guatemala who has been detained for 33 months while his case is pending. When he arrived at Stewart Detention Center, he was faced with an impossible decision – either work for nearly nothing or lose access to basic necessities, safety and privacy.
Refusing to work means that Barrientos would not have enough money to pay for costly phone calls to his family, and that he would likely be moved from a two-person prison cell to an open dorm that has few bathrooms, round-the-clock lighting, frequent fights; or be placed into solitary confinement.
“When I arrived at Stewart I was faced with the impossible choice—either work for a few cents an hour or live without basic things like soap, shampoo, deodorant, and food,” said Barrientos. He chose to work to live with some privacy and maintain access to the commissary. “If I didn’t work, I would never be able to call my family,” said Barrientos, who works in the kitchen, cooking meals for up to 2,000 people each day.
For his work, Barrientos receives at most $4 to $5 per day for six to eight hours of work; approximately 50 cents per hour. Since Stewart has no paid kitchen staff, officers usually require Barrientos to work seven days a week, even when he is sick. Barrientos was sent to medical segregation for two months after he filed a grievance for being forced to work while he was sick.
“CoreCivic illegally enriches itself on the backs of a captive workforce to bolster their profits,” said Korey Nelson, partner at Burns Charest, a law firm with offices in Dallas and New Orleans that specializes in complex class action suits.
“CoreCivic’s labor practices at Stewart are an affront to the human dignity of all confined there, and sad reminder of a not-so-distant past when the power to jail meant the opportunity to profit,” said Andrew Free, a Nashville-based immigration and civil rights attorney. “Neither our conscience as a nation nor our human trafficking laws permit this corporation’s conduct.”
In 2014, current and former detained immigrants who were forced to work at private detention centers began to file class-action lawsuits alleging violations of federal and state labor laws.
Copy of the complaint: https://projectsouth.org/forced-labor-lawsuit
Project South was founded as the Institute to Eliminate Poverty & Genocide in 1986. Our work is rooted in the legacy of the Southern Freedom Movement, and four primary work areas achieve our mission of cultivating strong social movements in the South powerful enough to contend with some of the most pressing and complicated social, economic, and political problems we face today.
The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana and Mississippi, is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information, see www.splcenter.org.
Burns Charest, LLP is a national civil litigation firm with offices in New Orleans and Dallas. Burns Charest represents plaintiffs in complex class actions, multi-district litigation, and other high-impact cases.
The Law Office of R. Andrew Free is a social justice legal startup based in Nashville. The firm focuses on stopping unjust deportations, attacking criminalization and mass incarceration for profit, and holding abusive bosses, government agencies, and officials accountable in federal court.