No More ICE Detainees In Essex County – Is New Jersey Ban Next?

ESSEX COUNTY, NJ — Over the past decade, U.S. Immigration and Customs Enforcement (ICE) has paid Essex County millions of dollars to hold federal detainees awaiting deportation. But as of this week, a new chapter in the history of the Essex County Correctional Facility has begun, officials say.

On Tuesday, Essex County Executive Joseph DiVincenzo Jr. confirmed that there are no longer any ICE detainees housed in the Essex County Correctional Facility in Newark – a major milestone.

County officials announced plans to end their controversial, multi-million-dollar contract to house ICE detainees in April. The goal was to have "zero" detainees left at the prison by Aug. 23, a benchmark the county beat by almost a week.

It was a decision praised by many immigration advocates – some of whom have decried the county’s prison profits as “blood money” – although others have pointed out that officials are planning to replace the departing ICE detainees with hundreds of prisoners from nearby Union County.

DiVincenzo said the county has had “a very professional working relationship” with ICE over the last 13 years.

“We have always maintained that this was in the best interest of the detainees to remain close to their family, friends, attorneys and community organizations helping them in a facility that was safe and secure,” he said.

DiVincenzo said the county’s new shared service agreement to house inmates for Union County has proven to be beneficial for both entities; Union County gets to house inmates without operating a costly facility, and Essex County gets to “maximize the capacity of its accredited complex” while generating revenue.

“Sharing services in this manner has helped both Essex and Union face our difficult financial challenges without reducing the level of service,” DiVincenzo said.

The decision to replace ICE detainees with other prisoners has struck a sour chord with some local activists, however, who argue that profiting from putting human beings in jail – regardless of the reason – is wrong.

• See related article: Essex County Nixes ICE Jail Contract, But Some Feel 'Gaslighted'
• See related article: Exploiting NJ Prisoners For Profit Must End, Essex Freeholders Say

Other immigration advocates have called attention to the fact that ICE isn’t releasing any of the affected detainees; the agency is simply transferring them to another facility.

Essex County officials have said they have no control over where federal authorities decide to transfer detainees.

After ICE moved dozens of immigration detainees at the Essex County Correctional Facility to unknown locations in June, it raised a bitter outcry from their family members and inspired a class-action lawsuit from the American Civil Liberties Union.

“When facilities close, ICE routinely transfers detained immigrants to remote spots across the country — in particular to Alabama, Georgia, Louisiana and other places in the Deep South,” the ACLU stated.

“The result is that they are transferred often hundreds of miles from their families, support networks and attorneys,” the ACLU said, adding that the detainees could end up in jurisdictions that place them at a much higher risk of being deported.

• See related article: Outrage, Lawsuit In NJ After ICE Transfers 30 Immigrant Detainees

Essex County’s decision to bid farewell to ICE profits is still a step in the right direction, other community leaders say.

Wayne Richardson, president of the Essex County Board of Commissioners, released a statement about the recent ICE-related milestone on behalf of his peers. He wrote:

“The board is pleased that the County of Essex is no longer detaining anyone based solely on immigration status and supports expeditious resolution for all persons detained under those circumstances.”

Richardson said that any funding that was allocated for ICE detainees’ legal counsel remains available for use by their attorneys.

“As stated in the past, we look to our national leaders for a resolution that supports the unification of families and an expedited path to citizenship,” he added.

• See related article: Democrat Plan Could Give 11M Immigrants A Path To US Citizenship

While Essex County has chosen to purge itself of ICE profits, other prisons in the area are taking the opposite route.

CoreCivic, a private corporation that operates the Elizabeth Detention Center in Union County, recently announced that ICE has notified the company of its intent to exercise its renewal option to extend their contract in Elizabeth through August 2023.

The prison – which has seen repeated hunger strikes among inmates and has been called “inhumane” by some advocates – has been a frequent target of protests from family members of detainees in recent years.

• See related article: 36 Activists Arrested Protesting ICE In Elizabeth (VIDEO)

Activists also raised an outcry last year after Hudson County renewed its own contract with ICE at the Hudson County Correctional Facility in Kearny, despite previous pledges to end it.

• See related article: Outrage Continues Over Hudson County Renewing ICE Contract

BANNING ICE CONTRACTS IN NEW JERSEY

In the meanwhile, advocates continue to push for a proposed state law that would ban all prisons in New Jersey from entering into new contracts with ICE, or extending their existing agreements.

The legislation, A-5207/ S-3361, has passed the Assembly and Senate. As of Thursday, it still sits on Gov. Phil Murphy’s desk.

Once signed into law, New Jersey would be the third state with full bans on ICE renewals. Just last month, Illinois joined California in banning and ending all ICE agreements in the state. Washington state also bans private ICE detention agreements, according to the New Jersey Alliance for Immigrant Justice.

Carlos Sierra, a political refugee from Cuba and former ICE detainee in Essex County, recently outlined his support of the bill alongside Nafeesah Goldsmith of New Jersey Prison Justice Watch.

“I will never be able to see justice for what I was subjected to in detention, but this bill will bring some healing to me, my family and New Jersey,” said Sierra, who is now enrolled in the criminal justice program at the Bergen County Community College and the aspiring scholars and professionals program at Princeton University.

Some of the legislation’s sponsors have been lobbying to Gov. Murphy, as well.

“I hope Gov. Murphy will sign S-3361 as soon as possible,” Sen. Loretta Weinberg said. “Hopefully, immigrant justice will not be further delayed.”

“The renewal of the lease between CoreCivic and ICE demonstrates how important A5207 is for our state,” Assemblyman Gordon Johnson said. “I am hoping the governor sees the need for this legislation and makes signing it a priority.”

Other Garden State lawmakers such as U.S. senators Bob Menendez and Cory Booker have also spoken out against New Jersey counties making agreements with ICE.

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