ACLU Response to Homeland Security Secretary Jeh Johnson's Statement on Family Detention and Asylum

WASHINGTON – Newly released documents obtained by the American Civil Liberties Union confirm that Immigration and Customs Enforcement (ICE) is actively considering proposals to expand its immigration detention capacity in at least eight states, including Michigan, California, Kansas, Nevada, New Jersey, New Mexico, Texas, and Washington state. The records, secured as part of an ongoing Freedom of Information Act (FOIA) lawsuit filed by the ACLU in September 2024, reveal that private prison corporations, as well as other corporate entities that provide services to build temporary facilities, monitor compliance, and staff facilities submitted proposals for expanded immigration detention in response to ICE’s contract requests. The discovery comes just weeks after the ACLU received its first and second tranche of FOIA documents revealing that ICE is considering expanding detention facilities in several states. “These records only further confirm ICE’s work to expand immigration detention across the country, including in facilities with clear records of abuse, and in areas where immigration detention has not previously existed. Expansion of detention will only enable ICE to enact President-elect Donald Trump’s plans for mass deportation,” said Eunice Cho, senior staff attorney at the ACLU’s National Prison Project. “We will not stand idly by for the next four years and watch ICE continue to detain immigrants in inhumane and life-threatening conditions.” The new documents confirm that private prison corporations GEO Group, Inc., CoreCivic, and Management and Training Corporation (MTC), as well as Target Hospitality, which provides temporary tent facilities, submitted proposals to Requests for Information (RFI) to expand ICE’s detention capacity and facilities. The latest disclosure provides further information identifying the specific facilities in question: North Lake Correctional Facility in Baldwin, Michigan, owned and operated by the GEO Group, Inc. This facility was previously used as a federal prison, and closed in 2022. Rio Grande Processing Center in Laredo, Texas, owned and operated by the GEO Group, Inc. Carrizo Springs, a tent facility previously used to detain immigrant minors in Carrizo Springs, Texas, owned and operated by Target Hospitality. As previously disclosed, the latest disclosure confirmed that the following facilities are also under consideration by ICE: Midwest Regional Reception Center in Leavenworth, KS – formerly known as Leavenworth Detention Center – which has a track record of abusive conditions, which led the federal government to end its contract with the facility in 2021. South Texas Family Residential Center in Dilley, TX – a facility where children as young as 19 months have died as a result of poor medical care. Nevada Southern Detention Center in Pahrump, NV – which has been subject to a federal investigation for medical negligence, racial discrimination, and verbal abuse of detained people. Cibola County Correctional Center in Milan, NM — which has been the site of numerous deaths in recent years, with incidents of neglect, abuse, and lack of medical care. Torrance County Detention Facility in Estancia, NM – which Department of Homeland Security’s Office of Inspector General cited in 2022 due to poor conditions. California City Correctional Center in California City, CA – which was previously used as a California Department of Corrections prison until March 2024. ICE also withheld a number of documents in this FOIA disclosure, obscuring the names of specific facilities, as well as other information contained in the proposals. However, the documents produced indicate that the following detention facilities are likely under consideration by ICE: East Texas Multi-Use Facility in Henderson, Texas, owned by the Metropolitan Training Corporation (MTC). Lea County Correctional Facility in Hobbs, NM (Proposal by GEO Group, Inc. for the El Paso Field Office) Northwest ICE Processing Center in Tacoma, WA (Proposal by GEO Group, Inc. for the Seattle Field Office) Golden State Annex in McFarland, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) Mesa Verde Detention Center in Bakersfield, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) As the ACLU has previously documented, the federal government’s immigration detention system overwhelmingly relies on private prison corporations. Private prison corporations, like the GEO Group, CoreCivic, LaSalle Corrections, and the Management & Training Corporation have pocketed billions from ICE detention contracts over the past two decades. The latest (January 2025) FOIA records are available here.

WASHINGTON — Ahead of confirmation hearings for President-elect Trump’s nominee for secretary of the Department of Homeland Security, Kristi Noem, the American Civil Liberties Union is urging the Senate Homeland Security and Governmental Affairs Committee to evaluate her record on civil rights and liberties amid Trump’s promise to deport mass number of immigrants from the United States. While the ACLU does not endorse or oppose nominees for cabinet-level positions as a matter of organizational policy, we have spent more than 100 years holding power accountable. In line with that history, we are examining and publicizing cabinet nominees’ records on civil rights and civil liberties and urging senators to seek and obtain commitments from the nominees on key concerns. “In its short history, the Department of Homeland Security has been responsible for implementing some of the worst anti-immigrant actions family separation, and is now poised to execute President Trump’s promise of mass deportations,” said Sarah Mehta, senior policy counsel at the ACLU. “This is our nation’s largest domestic law enforcement agency, and under any president, DHS’ unchecked authority should be cause for alarm. Given President-elect Trump's promises, the stakes are even higher. The Senate must take seriously its ‘advice and consent’ role and get Kristi Noem on the record on important issues that impact all our communities, including surveillance, religious and racial profiling, and use of force against protestors.” The Department of Homeland Security, founded in 2002, combines an array of federal resources and agencies covering counter-terrorism operations, border security, immigration enforcement, intelligence gathering, and disaster management. The ACLU objected to its creation at the outset — warning this sprawling mandate would target immigrants and lead to racial and religious profiling. Over the years, we have sued for a range of abuses and violent conduct, including excessive force against protestors; deadly detention facilities; numerous incidents of racial profiling; and illegal arrests and detention of U.S. citizens as well as immigrants and visitors. Homeland Security was also pivotal in Trump’s most extreme policies during his first administration — including his family separation policy — and has been responsible for the expansion of invasive domestic surveillance and intelligence gathering, including facial recognition software. Kristi Noem represented South Dakota in the U.S. House of Representatives before becoming governor in 2019. In 2017, as a member of Congress she backed then-President Trump’s Muslim ban policies, although two years later as governor she allowed refugee resettlement to resume in South Dakota. During her time as governor, she has adopted Texas Gov. Abbott’s “invasion” rhetoric, referring to the U.S. border with Mexico as a “warzone” and sending National Guard troops to Texas to join the abusive Operation Lone Star. However, by and large Noem’s record on immigration and other DHS issues remains thin. If confirmed by the Senate, Noem will be charged by President-elect Trump to prioritize DHS funds on detention and deportations, even at the cost of our preparedness for and ability to respond to natural disasters. The Trump White House is also expected to dramatically increase DHS surveillance and intelligence and militarized policing in our communities — especially among our most vulnerable populations — for years to come. The ACLU is urging the Senate to get Noem on the record on key questions, including: Will you seek assistance from uniformed military personnel to conduct militarized immigration raids in our neighborhoods and build large-scale detention camps across our nation? Will you re-implement President-elect Trump’s family separation policy? Will you use the Federal Emergency Management Agency (FEMA) and other non-immigration DHS agencies to support mass deportations, or withhold them to punish states and localities that refuse to participate in mass deportations? What steps will you take to protect our privacy and civil liberties from federal domestic surveillance, intelligence gathering, and watchlisting? Will you prevent these powers from being used against protestors or to be targeted at perceived opponents of the president? For years, CBP, ICE, and other components of DHS purchased individuals’ data from data brokers to surveil and track us, including for immigration purposes. Last year, it was reported that DHS was expected to pause data purchases. Will you continue the pause on data purchases?

For many people seeking safety, the journey to winning asylum in the U.S. is long. The ACLU goes behind the scenes of our new series, Letters to America, to reflect on what daily life looks like for individuals building a new home in the States.

WASHINGTON — The Biden administration today announced an extension of Temporary Protected Status (TPS) for El Salvador, Sudan, Ukraine, and Venezuela — impacting more than 900,000 people — through late 2026. The American Civil Liberties Union and partners have been urging President Biden to designate and redesignate eligible countries. TPS protects people who cannot safely return to their country of nationality due to ongoing armed conflict, environmental disasters, or other similar conditions. Today’s actions are especially important ahead of the inauguration of President-elect Trump, who has pledged a mass deportation agenda. “TPS holders — many of whom are longtime residents — live in every corner of this country, contributing to our communities and our economy,” said Maribel Hernández Rivera, ACLU director of policy and government affairs, border and immigration. “As the spouse of a TPS holder from Honduras whose family members have been killed due to ongoing violence, I know firsthand the importance of this protection to keep our loved ones safe, our families together, and our communities thriving. This announcement will help keep families together and shield nearly a million people, if only temporarily, from Trump’s cruel deportation machine. We applaud the Biden administration for taking this monumentally impactful action.”