Immigrant detention centers could face new California rules under Democrat’s bill

As California prisons and U.S. Immigration and Customs Enforcement detention centers struggle to stem the spread of COVID-19 in their facilities, a state lawmaker is introducing a bill that seeks to create safer conditions for prisoners and immigrant detainees.

The bill by Sen. Maria Elena Durazo, D-Los Angeles, would require private, for-profit prisons and detention centers operating in the state to meet specific insurance coverage and safety requirements. If they fail, the state could cancel their insurance coverage.

“There’s no reason for any detention center to allow these kinds of conditions so we keep having to strengthen them,” Durazo said. “We are bringing them up to the standards that they should be functioning under.”

One report from the U.S. Department of Homeland Security released in June 2020 showed centers “reported concerns with their inability to practice social distancing among detainees, and to isolate or quarantine individuals who may be infected with COVID-19.” Other issues featured in the report included facilities expressing concern over personal protective equipment availability for employees.

Between April 20 and May 26 the number of detainees who tested positive for COVID-19 in ICE facilities increased from 220 to 1,312, signifying a 496% increase in a month, according to the report.

Durazo’s proposed legislation comes nearly a year after Gov. Gavin Newsom in 2019 signed a law to ban private, for-profit prisons and immigrant detention facilities by 2028.

Private detention facilities contracted with ICE in California include Adelanto ICE Processing Center in Los Angeles, Imperial Regional Detention Facility in Calexico, Mesa Verde ICE Processing Facility in Bakersfield, Otay Mesa Detention Center in San Diego and El Centro Service Processing Center in El Centro, according to Lara’s office.

Under the proposed bill, detention facilities would be required to submit quarterly compliance reports to insurers and the insurance commissioner’s office. Detention facilities that fail to meet required health and safety standards could have their insurance coverage revoked.

The bill would require that private detention facilities maintain insurance coverage, including worker’s compensation and liability protections. Private detention facilities must also comply with state and local building, zoning, health, safety and fire standards, according to the bill.

The proposed legislation is being sponsored by California Insurance Commissioner Ricardo Lara and the Los Angeles-based, nonprofit Coalition for Humane Immigrant Rights.

“The pandemic has compounded the dire conditions that immigrants have faced for years in for-profit detention centers and private prisons,” Lara said in a statement. “(The bill) will shine a light on an industry that has profited from a broken immigration system, and it will enforce the basic dignity that every person in custody deserves.”

Angelica Salas, the coalition’s executive director, said the proposed legislation “provides accountability” to private detention centers.

This story was originally published February 10, 2021 at 5:00 AM.