Private immigration detention company CoreCivic reaches settlement in forced labor lawsuit
One of the largest private immigration detention companies in the United States has reached a settlement with immigrant rights' attorneys to bring to an end a lawsuit accusing the for-profit company of forcing detainees to work under the threat of punishment if they refused.
Attorneys for three former detainees who filed the lawsuit at a federal court in Georgia claimed that CoreCivic relied on the immigrant labor, paying detainees as little as $1 a day to do tasks such as cooking or cleaning while they were held at the Stewart Detention Center in Lumpkin, Georgia.
Punishments, if they refused to work, ranged from being placed in solitary confinement to restricting their access to basic necessities. The company would routinely hold their wages, according to some detainees.
"They know what they're doing," said Gonzalo Bermudez Gutierrez, a Phoenix man who is one of the three former detainees named in the lawsuit. "And now not only they know, a lot of other people are going to know that they're not only mistreating people or overworking them, but they're enriching themselves on our labor."
The Stewart Detention Center houses approximately 1,300 immigration detainees under contract with U.S. Immigration and Customs Enforcement, according to Syracuse University's Transactional Records Access Clearinghouse. It is the largest immigration detention facility in the United States. Detainees who filed the lawsuits were enrolled in Stewart's "Voluntary Work Program."
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As part of the settlement, CoreCivic is required to give all detainees enrolled at the Stewart Detention Center's Voluntary Work Program a document in English and Spanish outlining their employment rights. It includes information stating they can refuse and cannot be forced to work, that they have the right to be paid promptly and to receive the necessary training and equipment to do the work.
Meredith Stewart, the lead attorney in the case with the Southern Poverty Law Center, said the settlement effectively creates a worker bill of rights for detainees at the Stewart Detention Center that can be used to hold CoreCivic accountable. The case was litigated jointly with Project South and Perkins Coie LLP.
"The fact that three individuals who were formerly detained could accomplish this through litigation really allows us to imagine what other detained people collectively can accomplish in the fight to end abuse in immigrant detention centers," Stewart said. "The settlement makes clear that forced labor is unlawful, even when disguised as an ICE prison work program."
Jury selection in the lawsuit, known as Barrientos v. CoreCivic, was scheduled to begin this week. But attorneys were able to reach a settlement agreement. Earlier this year, a federal judge in Georgia denied class-certification in the lawsuit citing insufficient evidence that potential class-members had been forced to work by CoreCivic.
In a statement, CoreCivic said most of the detainees at the Stewart Detention Center have chosen not to participate in what it calls its Voluntary Work Program. It also said the standards for the program are set by Immigration and Customs Enforcement, and denied that detainees faced disciplinary actions if they refused to participate.
"While the allegations are without merit, we believe eliminating the cost and distraction of litigation is in the best interests of our company," said Brian Todd, a CoreCivic spokesperson.
The company faces two other forced labor lawsuits, including a class-action lawsuit in California that is ongoing.
Bermudez Gutierrez, 47, was held in detention at the Stewart Detention Center for nearly 10 months in 2019, and agreed to participate in the Voluntary Work Program as a cook.
He had been living and working as a chef in Phoenix prior to his detention. He was pulled over for a traffic violation and jailed for driving without a license. After spending one night at the Maricopa County Jail, he was then placed in ICE custody and booked to an immigration detention facility in Florence before he was transferred to the the Stewart Detention Center.
Bermudez Gutierrez said he often worked longer periods of time than his scheduled four-hour shifts, but he was still paid the same amount, about $4 per day. Because he spoke English, Bermudez Gutierrez said he would also routinely translate for other men held in detention and participating in the Voluntary Work Program, many of whom would ask him to inquire about missing pay.
Despite his concerns, Bermudez Gutierrez does credit the program with helping him stay busy while in immigration detention, while being separated from his wife and five children in Phoenix whose ages range from 8 to 26 years old.
"They isolate you in the middle of nowhere, literally in the middle of nowhere, to break you mentally and physically. It's a mental game that they're playing," he said. "And for what I saw back then, they were winning it because I see stronger guys than me and older guys, wiser guys than me just giving up and signing their voluntary departures."
Bermudez Gutierrez was released in January 2020, after his third attempt to request bail. He immediately flew back to Phoenix. He now has permanent residency and continues working as a chef at a Phoenix resort.
Have any news tips or story ideas about immigration in the Southwest? Reach the reporter at rafael.carranza@arizonarepublic.com, or follow him on X (formerly Twitter) at @RafaelCarranza.
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This article originally appeared on Arizona Republic: Private detention company CoreCivic settles forced labor lawsuit
