IDA & CCIJ Submit Letter Requesting OIG Investigation of AB 32 Contracts

Immigrant Defense Advocates (IDA) and the California Colloborative for Immigrant Justice (CCIJ) are sending a letter to the Federal Office of the Inspector General (OIG) requesting an investigation into ICE’s misconduct related to federal contracts with private prison companies in California. This includes the 2019 contracts that were signed to circumvent AB 32, as well as the misconduct related to the termination of IGSA’s with the city of Adelanto and McFarland.

The demand for an investigation was supported by more than a dozen California-based organizations.

“We are writing to you as California based organizations and community stakeholders concerned with issues related to immigration and detention. We are particularly concerned about what appears to be a record of impropriety with respect to the formation of private detention contracts by United States Immigration and Customs Enforcement (ICE) in the state of California. The formation and procurement of these contracts appears to have violated the spirit if not the letter of the law. 

Federal procurement laws favor full and open competition in order to protect the best interests of the government, taxpayer dollars, and detained people. In light of a history of ICE conduct that appears to violate applicable law and regulations, we write to request an investigation of ICE’s contracting practices in California. This includes sole-source contracts signed by the agency in 2019, citing “unusual and compelling circumstances,” as well as Solicitation No. 70CDCR20R00000002 issued by ICE on October 16, 2019 for Detention Services in California, and the subsequent contracts signed between ICE and private entities pursuant to this solicitation.

Moreover, the Department of Homeland Security (DHS) Office of Inspector General (OIG) has previously identified shortcomings in ICE’s procurement activities in other states, putting the agency on notice of its procurement obligations. The OIG concluded that “ICE has no assurance that it executed detention center contracts in the best interest of the Federal Government, taxpayers, or detainees” and further noted that “[i]t appears that ICE deliberately circumvented [Federal Acquisition Regulation (FAR)] provisions[.]” 

We provide additional background on the issue of private contracts by ICE in California and outline the scope of the alleged impropriety with what we believe is sufficient detail and evidence to initiate a relevant investigation.”

Read the full letter here