The most defining feature of Donald Trump’s first year back in office has been the brutality of his deportation machine and his administration's numerous attempts to upend due process. Back in March, the Trump administration wrongly deported Kilmar Ábrego Garcia to a notoriously violent prison in El Salvador. Ábrego Garcia’s legal status protected him from deportation to his home country for fear of persecution.
“I think most Americans are intelligent enough to recognize that everybody deserves due process,” says Ábrego Garcia’s attorney Benjamin Osorio. “There's a process. They get a jury of their peers. And the same thing in immigration: This guy had a lawful order protecting him from being removed from the United States, and the government violated that.”
This week on The Intercept Briefing, host Akela Lacy speaks to Osorio about Ábrego Garcia’s case. After months of being shipped around detention centers, he is free and fighting deportation orders from home with his family. “I think the courts have probably never seen more immigration habeases in their life.” says Osorio. “In the habeas sense, I would think that Kilmar’s case has had a lot of effect in the immigration practice.”
Ábrego Garcia’s story epitomizes the unlawfulness and cruelty of the Trump administration’s deportation agenda and for that reason his story has become a political flashpoint. But what’s less understood is the scale and scope of fulfilling the administration’s vision of mass deportation.
A new investigative video series from Lawfare and SITU Research called "Deportation, Inc.: The Rise of the Immigration Enforcement Economy,” maps out a vast web of companies that make up the rapidly growing deportation economy, how we got here, and the multibillion-dollar industry driven by profit, political power, and a perverse incentive structure.
“The creation of the Department of Homeland Security in 2002 was a pivotal moment. It was a major restructuring of immigration, and that was also a point at which the framing of immigration went from more of a civil matter to more of a national security concern,” says Tyler McBrien, managing editor of Lawfare. “And with that transition, the amount of money and contracts began to flood in.”
Gauri Bahuguna, deputy director of research at SITU, adds, “It was in the Obama administration where the detention bed quota comes in, and that's really the key unit of measurement that drives this particular part of the immigration enforcement industry, is 'How much money can you make per detained individual?’”
“Even though the bed quota is gone formally from the law there, it still exists in contracts with companies like CoreCivic and GEO Group,” says Bahuguna. “There is payment for detaining a certain number of people, whether or not the beds are occupied, and then the perverse incentive to keep those facilities filled because there's an economies of scale.” McBride underscores that the current immigration system is “treating people as these products and units and to maximize profit.”
Listen to the full conversation of The Intercept Briefing on Apple Podcasts, Spotify, or wherever you listen.
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