Commentary |Anti-Immigrant legislation doesn’t serve anyone but prison contractors

by Sulma Arias

      OtherWords

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The Laken Riley Act is an assault on due process, undermining all of our rights to make for-profit prison CEOs richer.

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You’re reading the words of a formerly undocumented immigrant.

When I fled El Salvador four decades ago, I was 12 years old and alone. I was escaping the country’s civil war, where U.S.-backed death squads had made murders and rape our daily reality.

I reunited with my sisters, my only surviving family, in Wichita, Kansas. Once there, I helped open churches, started businesses, and raised three daughters. There were times I wasn’t sure we’d make it to the end of the month, but I was grateful for the sense of peace and security we were able to create here.

That’s why I’m so alarmed that the new Republican-led Congress has chosen to open with a bill, H.R. 29,  that strikes fear in the hearts of immigrant families all across the country. This bill would strip judges of discretion and require immigrants to be detained and subject to deportation if they’re accused — not even convicted — of even minor offenses like shoplifting.

This major assault on due process won’t keep anyone safer. It would terrorize all immigrants in this country, who studies show are much less likely to commit crimes of any kind than native-born Americans.

So who benefits from H.R. 29? Private prison corporations like CoreCivic and GEO Group, who made a fortune during the last Trump administration by running private prisons for Immigration and Customs Enforcement (ICE).

CoreCivic and GEO kept immigrants and asylum seekers in inhumane and toxic conditions with poor hygiene and exposed women and children to sexual predators. Under this new law, cynical executives will siphon off more public dollars, and wealthy investors will reap more rewards, from abusing and demonizing people seeking refuge from violence or poverty.

When Trump won, private prison stocks soared. Why? Because investors anticipated making a fortune detaining immigrants. More than 90 percent of migrants detained by ICE end up in for-profit facilities.

GEO Group, which maxed out its campaign contributions to Trump, told its investors they could make almost $400 million per year supporting “future needs for ICE and the federal government” in a second Trump term. Their stock price nearly doubled in November.

Whether those detained are guilty or not, CoreCivic and GEO get paid. That’s what H.R. 29 is for: advancing corporate greed, not protecting Americans.

We all have a stake in stopping private prison corporations from becoming more powerful, regardless of our language, race, gender, or community. In addition to jailing immigrants, for-profit prison companies also look for ways to put citizens in prison more often — and for longer — so they can make more money.

Whenever we allow fundamental rights to be taken away, we erode our shared humanity and diminish all of our rights and freedoms.

The people behind H.R. 29 want us to be afraid of each other so we won’t stand together. They want to be able to barge into our homes, schools, and churches to take our neighbors and loved ones away. They want workers to be too scared to stand up to their bosses’ abuse. All so their donors in the private prison industry can make more money.

Democrats will need to find their way in this new Congress. Falling in line behind nativist fear-mongers who take millions in campaign contributions from the private-prison industry is not the right way to do it.

Americans demand better. We want true leadership with an affirmative vision for the future of this country and dignity for all people, including immigrants.

H.R. 29 targets whole communities because of the language we speak and the color of our skin. Instead, our elected leaders, regardless of party, must work to address people’s needs through building an economy that works for all of us, not just the wealthy few.

Sulma Arias is executive director of People’s Action, the nation’s largest network of grassroots power-building groups, with more than a million members in 30 states. This op-ed was adapted from OurFuture.org and distributed for syndication by OtherWords.org.

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Commentary |Cash bail is unfair and violates the right to due process

Photo: Sasun Bughdaryan/Unsplash

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Election years are a scary time for people of color in the U.S. They are marked by race-based voter suppression efforts, a rise in racist political rhetoric, and even a surge in racist hate crimes.

by Sonali Kolhatkar

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Many Americans haven’t heard of cash bail. But the idea is central to an election year battle over racism, policing, and mass incarceration.

When arrested on suspicion of committing a crime, everyone in the United States has the right to due process and to defend themselves in court. But in a cash bail system, when judges set bail amounts, those who cannot pay the full amount remain jailed indefinitely — a clear violation of their due process rights — while the rich can pay their way out of jail.

A 2022 report by the U.S. Commission on Civil Rights examined the impact of cash bail and found that between 1970 and 2015, the number of people jailed before trial increased by a whopping 433 percent.

There are currently about half a million such people stuck in jails across the nation who haven’t been tried or convicted of any crimes. The report also found “stark disparities with regards to race,” with Black and brown men most often subject to higher bail amounts.

Thankfully, many states and cities are moving to reform this unfair practice.

In 2023, Illinois became the first state to entirely abolish cash bail. Other states, such as New Mexico, New Jersey, and Kentucky, have almost entirely ended cash bail requirements in recent years. In California, Los Angeles County has also similarly eliminated cash bail for all crimes except the most serious ones.

But in this election year, Republicans are rolling back these efforts — most recently in Georgia.

The state recently passed a bill expanding cash bail for 30 new crimes, some of which appear to be aimed at protesters, such as unlawful assembly. Further, it criminalizes charitable bail funds — and even individuals — that bail out people who can’t afford to bail out themselves.

Marlon Kautz, who runs the Atlanta Solidarity Fund, called cash bail “a loophole” in the criminal justice system, allowing courts to indefinitely jail people without charges if they cannot pay exorbitant bail amounts.

“Police, prosecutors, and politicians want a bail system that allows them to punish their political enemies, poor people, and people of color without trial,” said Kautz, whose fund has bailed out people protesting a massive new police training facility opponents call “Cop City.” Kautz was one of three people affiliated with the fund to be arrested on apparently politicized charges last year.

Reversing progress on bail reform is a new flashpoint in the GOP’s culture wars. “It could be a sign that Republicans intend to bash their Democratic opponents as soft on crime,” the Associated Press reported. Alongside Georgia, Republicans in Indiana, Missouri, and Wisconsin have introduced numerous bills expanding the use of cash bail.

Expanding the racist criminal justice system is a cynical GOP election-era ploy, one that has little to do with public safety.

“It is exceedingly rare for someone who’s released pretrial to be arrested and accused of a new offense that involves violence against another person,” said Sharlyn Grace, an official at the Cook County Public Defender’s office in Illinois. “Fears about public safety are in many ways greatly overblown and misplaced.”

“National studies contradict” the claim, the AP adds, that people are any less likely to show up for a court date if they’re released without bail.

Election years are a scary time for people of color in the U.S. They are marked by race-based voter suppression efforts, a rise in racist political rhetoric, and even a surge in racist hate crimes. The expansion of cash bail laws is yet another attack on Black and brown communities — one that must be exposed and confronted.

We shouldn’t let reform efforts fall victim to election year politics.

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Sonali Kolhatkar is the host of “Rising Up With Sonali,” a television and radio show on Free Speech TV and Pacifica stations. This commentary was produced by the Economy for All project at the Independent Media Institute and adapted for syndication by OtherWords.org.

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