CoreCivic, one of the largest companies in the private prison industry, is on the defensive. The company is currently seeking to reopen its Leavenworth, Kansas, in time. This facility, which was previously closed due to severe allegations of inmate rights violations and violent incidents, is now central to the company’s strategy to meet increasing demand from Immigration and Customs Enforcement (ICE). The reopening re-ignited legal challenges and criticism from civil rights organizations.
The Leavenworth facility’s checkered past was marred by a history of deplorable conditions, including overcrowding. It saw eight stabbings, four suicides, and one homicide while it was open. One federal judge once called it “a hell hole,” calling attention to the widespread abuse that afflicted the prison. U.S. District Court Judge Julie Robinson remarked on the facility’s environment, stating, “The only way I could describe it frankly, what’s going on at CoreCivic right now is it’s an absolute hell hole.”
CoreCivic’s efforts to reopen the facility have not passed under the radar. The company didn’t like that answer and attempted to move forward without the required local officials’ approval. This decision sparked a lawsuit, illustrating the ongoing struggle between the private corporation and the community stakeholders. The American Civil Liberties Union (ACLU) and federal public defenders came out swinging with the facility’s concerning track record. In their letter addressed to the White House, they spelled out their concerns. They claim that if the facility were reopened, deplorable conditions for inmates would continue to worsen and very serious safety issues preexisting would remain.
Former CoreCivic employee Misty Mackey took to Medium this week to harshly criticize her employer’s failures, calling them out by name. She expressed regrets on behalf of the state for the treatment received by former inmates. She further claimed that the company was taking inspiration from its previous plight to help create better environments going forward.
William Rogers, a former guard at the Leavenworth facility, who recently committed suicide, described the sadistic atmosphere while he was there. He painted a dire picture of the facility, calling it a “chaotic” environment. He suffered multiple beatings that sent him to the ER three times from injuries incurred while on patrol. His powerful testimony adds credence to fears for the safety of staff, as well as the men incarcerated there, if the jail were to open again.
During a recent earnings call, CoreCivic’s CEO Damon Hininger discussed the company’s plans regarding the Leavenworth facility and other locations. He noted that “never in our 42-year company history have we had so much activity and demand for our services as we are seeing right now.” The company’s stock price has surged by 56% since Donald Trump’s reelection in November 2020, reflecting investor confidence in its business model.
Today’s unchecked push to increase detention capacity is a consequence of the Trump administration’s negative changes. These changes had implications for contracts with private contractors like CoreCivic. These amendments were designed to increase the number of detention beds available during the time when apprehensions of migrants at the U.S.-Mexico border were increasing rapidly. ICE soon took notice that CoreCivic’s Leavenworth facility would be a prime target for reopening given its favorable and central location.
ICE has changed its contract with CoreCivic to allow the reopening of the Leavenworth facility solely for the purpose of detaining migrants. This increase was made under a contract that was awarded without competition – without doing “Full and Open Competition.” The rationale for bypassing standard procurement procedures was an ongoing national emergency declaration. Many critics of this widespread practice—including lawmakers, journalists, and watchdogs—have raised serious questions about transparency, fairness, and accountability in government contracting.
Michael A. Hallett, a scholar who has published extensively on the topic of private prisons, identified the consequences of such a state of affairs. He stated, “All of a sudden, demand is spiraling. When you’re the only provider that can meet demand, you can pretty much set your terms.” This produced a powerful pushback on the increasing influence of private prison companies, due to the increase in demand for their services.
As it so happens, CoreCivic now operates just such a fleet of about 20 empty facilities scattered throughout the country. Most of these sites however have remained empty. Combined with some significant enforcement reforms, these sentencing reforms have been the primary driver of a drop in overall prison populations. As CoreCivic notes, a demand for detention space continues to grow, and they stand poised to profit from it. With these forecasts, their ICE contracts will result in tens of hundreds of millions of dollars in new profit.
Yet even with these positive developments, questions remain about the ethical justification for a privatized system of detention facilities. Charles Tiefer, a law professor and government contracting expert, condemned the use of letter contracts to high-dollar agreements. He stated, “I think that a letter contract is a pathetic way to make big important contracts,” emphasizing the need for more rigorous oversight and due diligence in such arrangements.
