Detention Facility Wins Contract Extension Despite Executive Order

On September 21, 2021, the National Federation of Federal Employees (NFFE) announced the GEO Group (GEO) and U.S. Marshals Service (USMS) settled a six-month contract extension to keep the Western Region Detention Facility (WRDF) open. The extension follows the facility’s union campaign to prevent WRDF’s impending closure by Executive Order 14006 (EO), which prohibits the Department of Justice (DOJ) from renewing contracts with privately operated detention facilities. 

“While we are pleased with the short-term solution, there is still work to do in our efforts to keep the WRDF in operation after the contract extension expires,” stated NFFE National President Randy Erwin.

The Executive Order outlined President Biden’s position that “privately operated criminal detention facilities consistently underperform Federal facilities with respect to correctional services, programs, and resources.” However, former members of the U.S. Marshals Service (USMS) have expressed concerns that the process for transporting detainees would be undermined if the Service could not temporarily house people in their custody in private prisons.

According to current and former marshal speaking to NPR, President Biden’s executive order would apply to roughly 10,000 of the 60,000 people the marshals have in custody on any given day. If detainees cannot be housed in private prisons near their courthouse, marshals would need to transport the detainees significantly longer distances for trial. The additional transport burden diverts marshals from fugitive task force responsibilities.

"Transportation is the weakest link in the chain of custody," said Carl Caulk, a retired U.S. Marshals Service executive told NPR. "The longer they're being transported, the less secure it is. That's obviously a big issue for the Marshals Service and it's a big issue for me."

In April, a spokesman for the Marshals Service told NPR, "the U.S. Marshals Service is carefully examining its existing contracts with these facilities, mindful that any plans should avoid unnecessarily disrupting access to counsel, court appearances, and family support."

The exact reason for this contract extension is unknown, however, NFFE, the union representing employees at the facility, said “closing the center would have been detrimental to the employees, the detainees they serve as well as the San Diego community.”

The GEO has said the WDRF is uniquely suited to serve individuals facing federal criminal charges with its proximity to the U.S. District Courthouse for the Southern District of California. The Group is attempting to comply with the EO with “various alternative contracting structures,” according to a statement released on September 21, 2021.

“Detainees will continue to receive high-quality services and access to their family, friends, and legal representation, which would have been jeopardized if the WRDF had been closed,” continued President Erwin. “This extension allows the hard-working employees of the WRDF to keep their good union jobs, healthcare, and security during the ongoing COVID pandemic.”

Alternatively, the American Civil Liberties Union (ACLU) urged President Biden to stop any attempts “to strip the Executive Order of any meaningful impact.”

“As a for-profit prison company seeking to continue reaping profits from U.S. taxpayers for imprisoning people, GEO is engaged in an open effort to undermine the Executive Order by encouraging the City of McFarland to enter into a contract with USMS to operate WRDF, and then to subcontract with GEO to actually operate the facility,” stated Bardis Vakili, Senior Staff Attorney ACLU Foundation of San Diego & Imperial Counties.

The San Diego Union-Tribune reports an analogous deal occurred in March. The USMS granted a 90-day contract extension with private prison company CoreCivic which houses federal, state, and local detainees at the Northeast Ohio Correctional Center. USMS contracted the center to Mahoning County, Ohio, following the extension. The county then awarded a management contract to CoreCivic.