Letter to the Hon. Merrick Garland, US Attorney General - Calling for DOJ To Drop Lawsuit in Support of GEO Group, Private Prisons

Letter

Dear Attorney General Garland:

As Members of Congress, we write to express our serious concerns regarding the United States
Department of Justice's continued pursuit of its legal challenge in GEO Group Inc. v. Newsom
(Case No. 20-56172) against the state of California regarding AB 32 (People not Profit), which
aims to ban privately operated prisons and detention centers. Continuing the Trump
Administration's lawsuit in support of private prison companies to stop the implementation of this
law does not comport with the stated position of the Biden Administration to end privatized
incarceration.

AB 32 was signed into law by Governor Gavin Newsom on October 11, 2019, and phases out
private incarceration in California by prohibiting the creation and renewal of private contracts
after January 1, 2020 and by prohibiting the state from housing people at for-profit facilities as of
2028. AB 32's effective date was January 1, 2020. This legislation represents the will of California
and aligns with the values of placing the safety and welfare of Californians over profit.

On October 16, 2019, a mere five days after AB 32 was signed, Immigration and Customs
Enforcement (ICE) issued Solicitation No. 70CDCR20R00000002, seeking multiple "turnkey"
facilities in California with a five-year period of performance and additional two five-year options.
This solicitation resulted in the issuance of $679,203,266.73 in federal government detention contracts to private contractors, of the exact type now restricted by California State law. The timing and terms of the solicitation - particularly in light of ICE's history of suspect contracting practices and insufficient oversight paired with the appearance that this solicitation aimed to circumvent AB 32 - drew the attention of many of our congressional colleagues. In November 2019, then Senator Kamala D. Harris (D-CA) (now Vice President Harris), U.S. Representative Zoe Lofgren (D-CA), Representative Jerrold Nadler (D-NY) and 18 other Members of Congress wrote to the Department of Homeland Security, sharing their concerns and requesting further information regarding the solicitation.

On December 30, 2019, GEO Group Inc. sued California, challenging AB 32, with the Trump
administration filing its suit in February 2020. Both cases were consolidated at the U.S. District
Court Southern District of California. In October 2020, Hon. Judge Sammartino granted in part,
and denied in part, GEO's and the United States' Motions for Preliminary Injunction, largely
upholding AB 32. Both GEO and US DOJ (now under the Biden administration) appealed to the
Ninth Circuit, where oral argument is now scheduled for June 7, 2021.

Continuing this appeal puts the Department of Justice in the way of President Biden's stated goal to ensure that the federal government does not use private facilities for incarceration. As described
in an amicus brief before the Ninth Circuit in this appeal, those detained in privately run detention
centers in California are exposed to a host of inhumane conditions, from serious, sometimes
deadly, lack of adequate medical care to sexual abuse to everyday indignities. A separate amicus
brief details the health dangers as exacerbated by the Covid-19 pandemic, to which these private
facilities have failed to respond in a safe and adequate manner. A third amicus brief delved into
the suspect contracting practices giving rise to the contracts impacted by AB 32.

We agree with the Biden Administration's stated goal of eliminating the use of privately operated
criminal detention facilities. However, we are concerned that the Department could undermine that
effort by continuing to take part in this lawsuit.

We believe the United States Department of Justice should reconsider its position and consider
dismissing its lawsuit.

We thank you for your leadership, and look forward to working with you in the future.