Religious Leaders, Congress Candidate Agree: ‘Keep ICE Out Of Newark’

NEWARK, NJ — Should a private prison company have the right to profit by housing federal immigration detainees at its facility in Newark – despite a statewide ban? No way, a local councilwoman and Congress candidate says.

Dozens of religious leaders affiliated with advocacy group Faith in New Jersey recently reached out to LaMonica McIver, president of the Newark City Council, asking her to support their fight against a controversial proposal involving prison inmates.

The clergy members are hoping that McIver’s renewed visibility after her recent victory in the Democratic primary election for New Jersey’s 10th District will help raise awareness of their cause. See Related: LaMonica McIver Of Newark Claims Big Primary Election Win In NJ-10

Nearly three years ago, New Jersey passed a landmark law that bans prisons from making deals with U.S. Immigration and Customs Enforcement (ICE) to hold potential deportees, a move that advocates cheered as a major win. But since then, the law has been challenged in court by a private prison corporations that allege it is “unconstitutional.”

The GEO Group – one of the largest private prison companies in the nation – has filed a lawsuit against New Jersey state officials, seeking a way around the law in an effort to house up to 600 immigrant detainees at a detention center it owns in Newark. Read More: Prison Company Wants To Bring ICE Detainees To Newark – Despite NJ Ban

That center – Delaney Hall at 451 Doremus Avenue – is located next to the county-run Essex County Correctional Facility. It has contracted to house inmates for the county, some of whom required complex medical and social services because of conditions such as substance use disorders, psychiatric illnesses, chronic health conditions and pregnancy. See Related: Long-Awaited Review Gives Deep Look Into NJ's Largest County Prison

Delaney Hall also previously held up to 450 immigration detainees for ICE from 2011 through 2017, including prisoners from Texas, Louisiana and other states. It’s a source of revenue that the company is seeking to recapture – if it can navigate past New Jersey’s law.

FAITH IN NJ: ‘A SYMBOL OF DIVISION AND SUFFERING’

Dozens of clergy members affiliated with advocacy group Faith in New Jersey have since criticized the proposal, saying that the it would be a slap in the face to the many immigrants, minorities and families who live in the area.

The coalition sent a letter to McIver this week, asking her to take a stand against the GEO Group’s proposal. It reads:

“The 10th District is home to many immigrants, Black and Brown people, and families who have long struggled against systemic inequalities. One pressing issue facing our community is the reopening of Delaney Hall ICE detention center in Newark. This facility stands as a symbol of division and suffering, impacting families, particularly in a district as diverse and vibrant as ours. The presence of such a center not only disrupts the lives of those detained but also casts a shadow over the community, raising concerns about human rights, family unity, and the humane treatment of individuals seeking refuge and a better life.

“We need you to oppose Delaney Hall’s reopening and the creation of all detention centers because this is more than a political issue; it is a moral imperative. Families should not be torn apart, and individuals should not live in fear within our community. By opposing Delaney and all detention centers, you will signal to all residents that you value their humanity and will fight for their rights and well-being.

“Your voice is crucial in this debate. As a potential member of Congress, speaking out against Delaney Hall can be an act that sets the tone for a tenure marked by leadership, compassion, and a commitment to community values if elected. It is an opportunity to lead with courage, representing the diverse and resilient people of your district who may place their faith in you.

“We urge you to send a letter to the U.S. Department of Homeland Security (DHS) Secretary Alejandro Mayorkas and U.S. Immigration and Customs Enforcement (ICE) Acting Director Patrick Lechleitner, urging them to not move forward with any plans to open any new immigration detention center in Newark and New Jersey as a whole.”

MCIVER: ‘A MORE HUMANE IMMIGRATION SYSTEM’

Patch reached out to McIver seeking comment about the coalition’s letter.

“The very idea that consideration of corporate profit should influence any part of our justice system flies in the face of basic human rights,” she replied. “I do not support re-opening the Geo Group facility in Newark for that reason.”

“Our focus needs to be on delivering immigration reform that creates a fairer, more orderly and humane immigration system so that we can live up to our shared American ideals,” McIver continued.

“Let's not forget that Donald Trump and his closest allies in Congress have stifled progress on immigration both in terms of border security and finding common sense, compassionate fixes to our broken immigration system,” she added.

NJ BANS ICE CONTRACTS: ADDITIONAL BACKGROUND

Passed in 2021, New Jersey’s state law bans all prisons in the state – public or private – from making new contracts with ICE to hold federal detainees. Prisons also can’t expand or renew old agreements.

Many advocates alleged that the contracts amounted to accepting “blood money” from the federal government. Essex County’s prison – which held a contract with ICE at the time – was a frequent target of their protests. Eventually, county officials chose to nix their controversial deal with the feds, fully removing all ICE detainees from the Newark prison in August 2021.

New Jersey’s divestment from the business of profiting off federal detainees didn’t come without its challenges, including reports of federal authorities transferring dozens of immigration detainees to “unknown locations,” far away from their families and lawyers. See Related: Deportation Battle Continues For ICE Detainee Transferred Out Of NJ

Another speed bump? Legal battles with private prison companies.

Last year, CoreCivic – a company that runs jails across the nation, including the Elizabeth Detention Center in Union County – filed a federal lawsuit against New Jersey, claiming that its law is “unconstitutional” under the supremacy clause and claiming that it stood to lose about $18 million per year if it was forced to nix its contract with ICE.

CoreCivic argued that New Jersey’s ban presents a “substantial obstacle” to the enforcement of federal immigration law and it should be allowed to continue its deal with ICE – a stance that many immigration advocates opposed.

“New Jersey fought for this bill to become law and we will fight to defend it,” New Jersey Alliance for Immigrant Justice executive director Amy Torres said.

“Corporations, especially ones like CoreCivic, shouldn’t get to bend and break the rules simply because they can’t profit from them,” Torres added. See Related: Only 1 NJ Prison Still Profits From ICE Contracts – It May Stay That Way

Ultimately, a federal judge sided with CoreCivic, ruling that the company could keep housing detainees – a decision that the state has appealed.

Now, another private prison corporation – the GEO Group – is taking a cue from CoreCivic and petitioning the courts to allow it to hold ICE detainees at Delaney Hall.

According to the complaint – shared by the New Jersey Monitor – the GEO Group claims that the law “unlawfully discriminates against GEO in its capacity as a contractor for the federal government because it targets privately contracted immigration detention services, an area under federal control, while New Jersey law allows other forms of privately contracted detention services for non-federal purposes.”

The company pointed to a request for information filed in 2023, through which the U.S. Department of Homeland Security sought to place a detention site in New York or New Jersey, preferably within a 60-mile ground commute from its New York field office.

The announcement set off warning bells among local immigration advocates, who said if ICE ramps up its bed capacity in the Tri-State area, it could also mean more enforcement activities. See Related: ICE May Expand Footprint In NJ/NY, Immigration Advocates Say

The GEO Group responded to the government’s RFI by proposing the use of Delaney Hall – which is less than five miles from ICE Newark’s busy field office. See Related: ICE In NJ Deported 500 People From Country In 3 Months

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