John Oliver discusses ICE detention facilities, who’s in them, who runs them and – of course – why it is totally understandable if our studio audience would rather watch Drew Barrymore’s show instead.
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NewsTranscript
00:00-♪ ♪ -♪ ♪
00:04Our main story tonight concerns immigration.
00:07The surprising subject of the White House's
00:09actual Valentine's Day tweet, which read,
00:11Roses are red, violets are blue,
00:13come here illegally, and we'll deport you.
00:15Though I guess that's exactly the kind of romance
00:17you'd expect from a house occupied by this
00:19loving couple.
00:21-♪♪
00:22Since Trump took office, he's made a big show
00:25of having ICE conduct immigration raids,
00:27often with news cameras and even Dr. Phil
00:29tacking along to try and generate positive coverage.
00:32Though it hasn't always gone well.
00:33For instance, they raided apartment complexes
00:35in Colorado that were supposedly centers
00:38of gang activity, only to return with very few arrests
00:41and some humiliating footage.
00:43As the team went door to door,
00:45they found blood-stained walls, but no gang members.
00:49The entire complex was virtually empty.
00:52At a second Trenday-Aragua Link complex,
00:55ICE was met by activists who taunted them.
00:57You dumb assholes!
01:00What the fuck is wrong with you?
01:04Get out of our community!
01:06Excellent.
01:07We all need more of that woman's energy.
01:11I don't know what she has in that mug,
01:13but I do know what she doesn't have,
01:14any fucks left to give.
01:17These raids are in fulfillment of Trump's campaign promise
01:20to implement the largest deportation operation
01:22in American history, and to do that,
01:24it seems every week, he devises a new place
01:27to send migrants from Costa Rica to Panama to even this.
01:31The latest piece of the mass deportation puzzle,
01:34bringing as many as 30,000 criminal migrants
01:37to the Navy base at Guantanamo Bay.
01:40So, we're gonna send them out to Guantanamo.
01:42This will double our capacity immediately, right?
01:45And tough, that's a tough place to get out of.
01:49I mean, yeah, it is.
01:51Although, calling Gitmo a tough place to get out of
01:53is a bit of an understatement.
01:55A corn maze is a tough place to get out of.
01:57A low-hanging hammock is tough to get out of.
02:01Gitmo is a legal black hole where the Constitution
02:04goes to die.
02:05Last month, Trump actually flew 178 Venezuelan migrants there,
02:09only to quickly reverse course and fly them out
02:11after the administration started facing lawsuits.
02:13And look, most experts agree that for both legal
02:16and logistical reasons, Gitmo is unlikely to house
02:1930,000 migrants any time soon.
02:21And what that means is, most of the people
02:23who get arrested are gonna be funneled into our existing
02:26immigration detention facilities.
02:28And I know we've talked on this show a lot
02:30about our immigration system's problems before,
02:32from the fact our immigration courts are arbitrary
02:34and incredibly slow, to the many holes in our asylum process,
02:37to the truth that for many, there is no way to come
02:39in the right way, to the failures of Joe Biden's
02:42immigration policies, and the cruelty of Trump's.
02:44But tonight, we're gonna focus very narrowly
02:47on detention centers.
02:48They don't tend to get talked about much,
02:50despite the fact a lot of people go through them.
02:53ICE currently has the budget to hold just over 41,000 people
02:57on any given day. And last year, more than 260,000 people
03:00cycled through ICE detention in total.
03:03But Trump is already talking about sending even more people
03:06into that system, which in some quarters,
03:09is cause for celebration. After the election,
03:12stock prices for private prison companies,
03:13like GEO Group and CoreCivic, soared,
03:16with their CEOs each bragging to investors
03:18about how much money they were going to make.
03:21The GEO Group was built for this unique moment
03:24in our company's country's history.
03:28And the opportunities that it will bring.
03:30I've worked at CoreCivic for 32 years,
03:32and this is truly one of the most exciting periods
03:35in my career with the company.
03:38Look, as a general rule, if something happens
03:40that causes a private prison company to get really excited,
03:43that thing was bad.
03:45If you ever come home and your spouse tells you,
03:48and the GEO Group is super excited about it,
03:50you are in for a relationship-altering conversation.
03:54And the thing is, immigration detention facilities
03:56are, by law, not supposed to be a punishment.
03:59ICE's own website even states that detention is non-punitive.
04:04Though, as you're about to see, that's like claiming
04:06that the ocean is not wet, or that the Wicked movie
04:09wasn't 30 minutes too long. It is a bold assertion,
04:12sharply undercut by empirical evidence.
04:15Sharply undercut by empirical evidence.
04:18So given all of that, tonight, let's talk about
04:21ICE detention facilities and try and answer
04:23a few basic questions.
04:24Who's in them, who runs them,
04:26and what's it actually like inside them?
04:28And let's start with who's getting sent there.
04:30Trump and those around him often try and sell
04:32their immigration roundups as being about
04:34cracking down on crime.
04:36Here's his press secretary answering a question
04:38about exactly who was arrested in the first round
04:41of ICE raids.
04:42Of the 3,500 arrests ICE has made so far
04:45since President Trump came back into office,
04:47can you just tell us the numbers?
04:48How many have a criminal record versus those
04:51who are just in the country illegally?
04:52All of them, because they illegally broke
04:54our nation's laws, and therefore, they are criminals,
04:56as far as this administration goes.
04:57I know the last administration didn't see it that way,
04:59so it's a big culture shift in our nation
05:01to view someone who breaks our immigration laws
05:03as a criminal, but that's exactly what they are.
05:06Well, hold on, because that is not actually true.
05:08While entering the U.S. without authorization
05:10can be a criminal offense, many of those who are undocumented
05:13entered legally and overstayed their visas.
05:15And simply being undocumented is a civil violation,
05:19not a criminal one.
05:20That is an important distinction that her boss
05:22should frankly understand, given that he has committed both.
05:26And to be clear, more than 50% of those in ICE detention
05:29have no criminal records, and many more
05:32have only minor offenses, including traffic violations.
05:35What's more, a lot of them are already in the asylum process.
05:38As of last year, almost half of those in ICE custody
05:41were seeking asylum, and that is actually true
05:44of some of those who got scooped up in Colorado last month.
05:47One man got detained, even though he'd done
05:49everything he was supposed to do.
05:50He committed no crimes, and had an asylum hearing court date.
05:54And yet, despite that, listen to his brother
05:57describe what happened.
05:59On Wednesday, Luis's brother, Jonathan,
06:01was driving him to work.
06:02No ID, though?
06:03ID.
06:04They didn't get past the parking lot
06:06at the Cedar Run apartment complex,
06:07where ICE detained at least five people
06:10as part of a raid Wednesday.
06:11They asked us for documents from here.
06:15We showed them the asylum processes,
06:17the form the court stamped for us.
06:20Luis says officers wouldn't accept his brother's paperwork,
06:23even though he showed his asylum documents
06:26as he waits on a work permit.
06:27He has so many questions about how his brother was detained
06:32without a criminal record.
06:33If he doesn't have a deportation order,
06:35how can they take him?
06:36Yeah, that's a good question.
06:38It's actually one of many things I find hard to understand
06:40about watching that, including why those agents
06:43were wearing camouflage while doing it.
06:45You're in a parking lot, not dense foliage.
06:48If you actually wanted to blend in,
06:50you should've dressed up like a Claire's Accessories
06:52in a strip mall.
06:53The thing is, holding someone into detention
06:56is only meant to be done in limited circumstances,
06:58like if they're a flight risk, or to make sure
07:00they show up for an immigration hearing.
07:02But the vast majority do show up for those hearings,
07:05because they want their case heard.
07:08And for those with asylum claims,
07:09like that guy's brother, a recent study found
07:12of those who weren't detained, 95% attended
07:16all of their immigration court hearings.
07:18Now, there are some immigrants who are subject
07:21to what's called mandatory detention,
07:22like if they've been accused of breaking the law.
07:24That used to be confined to serious offenses
07:27like murder or gun trafficking, but that all changed
07:31when Bill Clinton expanded it to also cover minor crimes
07:34from low-level drug convictions to writing a bad check.
07:37And those convictions don't even have to be recent.
07:40Take this man, who was brought from Jamaica to the U.S.
07:43by his family when he was a teenager.
07:45He served in the military, but after completing his service,
07:48pled guilty to marijuana possession in 1997.
07:51He moved on, started a business and a family,
07:53but then in 2010, this suddenly happened.
07:56About 5.30 in the morning, I heard a big knock on the door.
08:01Boom, boom, boom, boom, boom, boom, boom, boom.
08:03Boom, boom, boom, boom, boom.
08:07And I opened the door.
08:10And then they was like,
08:11did you apply for citizenship like six months ago?
08:14I was like, yeah.
08:15And they was like, turn around, that's why we're here.
08:17I didn't think that in 2010 that the marijuana conviction
08:22that happened 14 years ago would have came back and haunt me.
08:28That is ridiculous.
08:30Clearly, no one should be punished
08:32for making a mistake they made 14 years earlier.
08:35Otherwise, I'd have hell to pay for playing Vanity Smurf
08:38in the 2011 Smurfs movie.
08:40I was already punished when I saw it,
08:42and again, when I had to pose for this press photo.
08:45I think I've suffered enough.
08:48The point is that Clinton-era expansion
08:51supercharged the detainee population,
08:54which passed 20,000 in 2001,
08:56only to expand through Bush, Obama, Trump and Biden,
09:00to the point where we now have
09:01the world's largest immigration detention system,
09:04which would be a massive embarrassment.
09:06Because America has the world's largest of a lot of things,
09:10and they're mostly either awesome or at worst,
09:12fantastically weird.
09:13We have the world's largest paint can,
09:15the world's largest office chair,
09:17and my personal favorite, the world's largest basket.
09:20It is seven stories tall, not including the handles.
09:23And fun fact, it doubles as the headquarters
09:26for Longer Burger, a basket manufacturing company
09:28in Ohio, and was apparently the brainchild
09:30of the founder who wrote in his memoir,
09:32I figured if Walt Disney could build an empire
09:34around a mouse, the Longer Burger home office building
09:37could resemble a basket.
09:39Adding, whenever I talked about it,
09:40people looked at me like I was nuts.
09:43Sadly, the company vacated the basket in 2016,
09:48and it's been abandoned ever since.
09:49Though you can find videos online of admirers
09:52who've made pilgrimages to see it since then,
09:55like this one.
09:57I don't think the pictures are doing justice.
09:59It looks way, way bigger in person
10:02than when I was seeing it in photos for a very long time.
10:07And here I am, in the shadow of a seven-story basket.
10:14More companies need to do this,
10:16build their offices and headquarters
10:20in oversized buildings shaped like their products.
10:24I could not agree more with that.
10:26I've been saying the same thing for years.
10:28There's nothing I want more than for General Mills
10:30to be housed inside of a giant Cheerio,
10:32or for L'Oreal to be housed inside of a giant lipstick,
10:35or McDonald's to be housed inside
10:36of a giant ice cream machine that's always out of service.
10:40All that said, I'd argue being home
10:42to the empty, decaying carcass
10:43of the world's largest basket office
10:45is still significantly less embarrassing
10:47than being home to the world's largest
10:49immigration detention system.
10:50See, I brought it back home in the end.
10:52I bet you forgot what I was even talking about,
10:54but I knew where I was going with this.
10:56I always know, sometimes.
10:58And while the average length of stay
11:00for a person in ICE custody is just over 44 days,
11:04that is just an average.
11:05There are more than 2,800 people who've been detained
11:08from six months to a year,
11:10and nearly 700 who've been detained for longer than that.
11:13And that is the thing.
11:14If you are sent into detention,
11:16you don't know how long you'll be there.
11:18There is no set timetable for your release.
11:22And even some of those in charge of these centers
11:24can almost acknowledge the problems with that.
11:27It's not like a jail inmate that's in here
11:30sentenced to a certain time.
11:32They know the day they get out.
11:33They have no idea when they're gonna leave.
11:36And I know, I mean, if I was in their place,
11:38it would be very difficult to not know when I'm leaving.
11:45You know, people see it sometimes as a punishment.
11:48We don't punish.
11:49So, it's...
11:51I know it's viewed that way,
11:53but we aren't gonna hold somebody to punish them.
11:56Okay, but the thing is, being locked up
11:58and not knowing when you get to leave
11:59is basically the definition of a punishment.
12:02Just ask this studio audience right now.
12:05Not only are they stuck here,
12:07they have no idea when this is gonna be over.
12:09They're just trapped in this room,
12:10getting sadder by the minute,
12:11wishing this was a taping of Drew.
12:13Sorry, guys, she's in the studio next door.
12:16There's a cooking demonstration today.
12:18They're giving out blenders.
12:20So, that is who is in these facilities.
12:23But where exactly are they?
12:25Well, sometimes ICE detains people in local jails,
12:27which is already a little weird, given that, again,
12:30ICE detention is supposed to be non-punitive.
12:33But the vast majority, over 90 percent, in fact,
12:36are held in facilities owned or operated
12:38by private prison companies.
12:40That is why those CEOs were so excited
12:43on their earnings calls.
12:44These companies make a ton of money
12:47out of detaining immigrants.
12:48In fact, America's very first private prison
12:51was built for immigration detention.
12:54American business is becoming bullish on prisons.
12:57Firms like the Corrections Corporation of America
13:00in Nashville, Tennessee, believe there will be no business
13:03like jail business in the 1980s.
13:05This construction site in Houston, Texas,
13:08will soon become the first completely free enterprise
13:11prison in the United States.
13:13Designed, built, owned, and operated
13:16by a business corporation.
13:17It is being built for the U.S. Justice Department
13:20to detain up to 300 aliens charged with entering
13:22this country illegally, and awaiting deportation hearings.
13:26The market is enormous.
13:28There are over a half a million people in this country
13:30incarcerated at the present time.
13:33So, there is a lot there.
13:34The sheer unblinking creepiness of that man alone
13:37is a little distracting, as is the weirdly upbeat tone
13:41of the rest of the segment.
13:42No business like jail business?
13:44Isn't something you should be celebrating?
13:46Isn't something you should be saying in a news report?
13:48It sounds like a musical where Bernadette Peters
13:51shanks someone in their sleep.
13:52And the fact is, business has been good
13:56for private prisons ever since.
13:57CoreCivic and GeoGroup derive respectively 27 and 30 percent
14:01of their revenues from contracts for ICE detention alone.
14:05And you can see why this is such an appealing model for ICE.
14:09They get to outsource the headaches and responsibilities
14:11of these facilities, and sometimes ICE even adds
14:14another layer of removing by contracting
14:16with local governments, who then in turn,
14:19contract with private companies.
14:20That is attractive because those particular arrangements
14:23are subjected to significantly less scrutiny
14:25than is required for ordinary federal contracts.
14:27So, this system seems to work great for the companies
14:30and for ICE, but it works much less well
14:33for anyone who needs to go through it.
14:34So, let's talk about what these facilities are like.
14:37And let's start with the fact they're often located
14:39in incredibly remote areas.
14:42That is actually a big deal.
14:44Because it means detainees can be cut off
14:46from legal representation.
14:47Some facilities have only one immigration attorney
14:49within a hundred mile radius for every 200 people detained.
14:53And because phone calls are often denied
14:55or difficult to schedule, lawyers like this one
14:57can spend a ridiculous amount of time
14:59just trying to get to their clients.
15:02So, I leave my house in the mornings, um, get on the road,
15:07typically just try to power all the way through
15:09to the detention center.
15:10We typically go only to Pine Prairie,
15:13so that's about a three, three-and-a-half-hour drive.
15:16Um, today we're making the trip up to Jackson
15:18for some special cases, and so, that's a four-and-a-half-hour,
15:22five-hour, depending on traffic, drive.
15:25Yeah, that is a big problem.
15:27Especially given among detained immigrants,
15:28those with representation were twice as likely
15:31to obtain immigration relief as those without.
15:33So, lawyers are very important.
15:35I know I make fun of them sometimes
15:37because lawyer used to be this guy's job,
15:39but without them, we would be fucked.
15:43There'd be no Good Wife, no Michael Clayton,
15:45there'd definitely be no this show.
15:47We'd be shut down years ago after being sued
15:50into oblivion for sexual harassment by Adam Driver.
15:52And that is before you get to the conditions
15:56inside these facilities, which can be hard to see
15:58as access is so heavily controlled.
16:01The glimpses you tend to get are either
16:02from heavily managed tours given to local news crews,
16:05or videos produced by the facilities themselves,
16:08like this one about a New Mexico facility
16:10owned by a company called MTC.
16:12The Otero facility hosts various sporting tournaments
16:15and other activities to keep the men engaged.
16:19Just like the Imperial facility,
16:21detainees have access to medical and dental care.
16:24MTC staff are trained to treat detainees
16:26with great respect and dignity.
16:28We call it a bionic, believe it or not, I care approach.
16:32-♪ I care, I care, I care, I care. ♪ -♪ I care, I care. ♪
16:36Okay.
16:37If your starting point to saying,
16:39I care is believe it or not...
16:41you've already got off on the wrong foot.
16:43If I told you, believe it or not,
16:46I don't draw erotic fan fiction of the Honey Nut Cheerios bee,
16:48the very fact I said, believe it or not, suggests.
16:51You already assumed that I do.
16:53It's an assumption that is already damning on its own.
16:56Because I don't. He's not...
16:57He's not really my type, cartoon Bumblebee-wise.
17:00This, for instance, does nothing for me.
17:02Nor does this. Not even this one.
17:04And for what it's worth, I definitely didn't draw
17:06any of these myself.
17:08Believe it or not.
17:09And while they paint a lovely picture there,
17:12the fact is, conditions in ICE detention can be brutal.
17:15For instance, detainees are often expected to do
17:16a lot of the cooking and the cleaning themselves.
17:19And while ICE does require the jobs to be paid,
17:21the amount is pitifully small.
17:23In many places, it's just one dollar a day.
17:26And detainees who refuse to work can be threatened
17:29with the withholding of food, or disciplinary segregation,
17:32also known as solitary confinement.
17:35Geo Group was once sued over this,
17:38was once sued over this at one of its facilities,
17:40and in court, made a bold argument
17:42that the judge wanted no part of.
17:45Geo says, even if it comes down to choosing
17:48between punishment or work, that's still a choice.
17:51Listen to this exchange between Geo's lawyer
17:54and a judge who questions the company's rationale.
17:58Disciplinary segregation can be used as a sanction
18:01for the refusal to work.
18:03They make a decision each time,
18:05whether they're going to consent to work,
18:07or not, or eat, or be put in isolation, right?
18:13I mean, it, yeah, it's, I mean, slaves had a choice, right?
18:21Wow, that is not great.
18:23When a judge is likening your client's practices
18:26to slavery, that's generally a pretty bad sign
18:29for your case.
18:30There really shouldn't even be a verdict at that point.
18:32A trap door should just open up beneath you
18:34while they call the next case in.
18:36And that's not the only time detainees
18:37have been subjected to solitary.
18:39One study found over a five-year period,
18:41ICE facilities placed people in solitary 14,000 times,
18:45with an average duration of 27 days.
18:48Well exceeding the 15-day threshold
18:50human rights experts have found constitutes torture.
18:53And that is not all.
18:54ICE itself reported that between 2017 and last year,
18:58at least 70 detained migrants died while in its custody.
19:02And the details in some of these cases are horrifying.
19:05Take Kamyar Samimi.
19:06He immigrated from Iran in the 70s
19:07and became a lawful permanent resident.
19:10In 2005, he pled guilty to possessing
19:12less than a gram of cocaine,
19:14and was sentenced to community service.
19:15But 12 years later, ICE suddenly decided
19:18his drug conviction rendered him deportable.
19:21That's already bad enough.
19:22But while he was held in detention,
19:24the staff cut him off from the methadone
19:26he took to manage his drug addiction.
19:28Uh, completely cold turkey.
19:29He started vomiting blood clots,
19:31but the staff delayed several more hours
19:33before calling 911.
19:34And Samimi died just two weeks after entering the facility.
19:38And this is how his daughter found out.
19:41I got a text from my co-worker letting me know
19:44that an immigration officer had stopped by my place of work,
19:47and had left a business card, and wanted to speak with me.
19:51And he... answered the phone and told me that...
19:55my father had suffered cardiac arrest,
19:59that he was taken to a hospital,
20:01and then he was pronounced dead.
20:03My dad died on Saturday, and I got the call on Monday.
20:07I think it's very strange that ICE observes business hours
20:13to tell people that their loved ones are dead.
20:16Yes, strange is definitely one way to describe it.
20:18A fucking disgrace would be another.
20:21And incredibly, that story is not even a one-off.
20:24One study found 95% of deaths in ICE custody
20:28were preventable, or possibly preventable.
20:30Or possibly preventable, if ICE had provided
20:33clinically appropriate medical care.
20:35One of the cases it cites is a man from Angola
20:37who began to demonstrate symptoms of mental illness.
20:39He refused to eat meals, losing 30 pounds in about 30 days.
20:43At one point, he agreed to drink Ensure,
20:45but the staff never provided any,
20:47because the ICE coordinator responsible
20:49was trying to find it at a reasonable or discounted price.
20:53That facility, by the way, was the same one
20:55in that upbeat video about how, believe it or not, they care.
20:59So I guess they mean that phrase in the exact same way
21:01Ripley's believe it or not means it.
21:03Look, we're completely full of shit.
21:05How you feel about it is really up to you.
21:07And if after all of this, you're thinking,
21:09well, it sure seems like we're doing
21:11an incredible amount of damage unnecessarily,
21:14you are absolutely right.
21:15And don't just take that from me.
21:17Here is a former director of ICE
21:19basically saying the same thing.
21:21We detain lots of people who are not dangerous
21:23and are not a flight risk, and it makes no sense to me.
21:27We should ask ourselves a larger question,
21:28which is, why are we in this business?
21:31What do we get out of this?
21:32And it's just the politics of it, right?
21:34The politics, public likes to hear the tension.
21:36It sounds tough.
21:38I mean, that is true.
21:39The public does love things that sound tough.
21:42It's probably why Mark Sinclair made his stage name Vin Diesel
21:45and not Reginald Chucklewums the Third.
21:47-♪ Laughter ♪ -But when he asked there,
21:49why are we in this business?
21:51The very fact this is a business is part of the answer.
21:56And that is a fact not lost on some of those
21:58inside these facilities.
22:00By keeping us here for seven or eight months,
22:03they are making money on us because we are a business for them.
22:06Immigration in this country is a business.
22:09He's right. Immigration is a business
22:11like any other for-profit endeavor in America,
22:13whether it's Toxic Rage Circle Jerk, Inc.,
22:16the Small Business Elimination Omni Company,
22:18or Pottery Barn.
22:20I actually don't have anything bad to say about Pottery Barn.
22:23They make high-quality home goods at affordable prices.
22:25Keep doing what you're doing, Pottery Barn.
22:26But the thing is, everything I've shown you so far
22:30has been from before Trump took office for a second time.
22:33What comes next will almost certainly be worse.
22:36Congress recently expanded mandatory detention even further
22:39to cover undocumented people who are charged
22:41with any theft-related offense.
22:43Trump's also started placing migrants in federal prisons
22:46and is reopening facilities that have been forced to shutter
22:49amid allegations of unsafe or crowded conditions.
22:51So, what do we do?
22:53Well, at the federal level, honestly,
22:55for the next few years, we're fucked.
22:57But some states have found ways to mitigate the harm.
23:02Illinois, for instance, barred private companies
23:05from contracting with local communities
23:07to detain immigrants.
23:08It also prohibited cities and counties
23:10from contracting with ICE to house or detain immigrants
23:13at local jails, which is great.
23:14I would argue all states should be doing that.
23:17And to its credit, New Mexico is considering
23:20a similar proposal right now.
23:22Look, Trump's government is clearly going to do everything
23:26in its power to act as callously as possible
23:28for the next four years. And I know no one wants to hear
23:31another heartfelt soliloquy about how this administration's
23:33immigration policies fly in the face
23:35of America's founding ideals. We are well past that.
23:39But moving forward, we're gonna have to find ways
23:42to push back hard at the state and local level
23:45against those determined to score political points
23:48at the expense of an incredibly vulnerable population.
23:52And to anyone who continues to support that agenda,
23:55there is really only one thing to say.
23:58Keep scum and... balls,
24:00and that's the... problem with you!
24:03-♪ Ooh... ♪ -Yeah!
24:04-♪ Ooh... ♪ -Exactly.