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USA: Govt. contractors accused of profiting from separation & detention of migrant & asylum seeking families

In May 2018, the Trump administration announced that it would increase prosecutions of migrants and asylum seekers crossing the US-Mexico border and implemented a “zero tolerance” policy intended to deter new migrants with the threat of jail sentences and by separating immigrant children from their parents. US Attorney Jeff Sessions stated “If you cross the southwest border unlawfully, then we will prosecute you... If you’re smuggling a child, then we’re going to prosecute you, and that child will be separated from you. If you don’t want your child separated, then don’t bring them across the border illegally.”

To date, more than 2,300 children have been separated from their parents at the U.S. border. Human rights organizations and activists, religious leaders, politicians, CEOs, company representatives and others have strongly condemned the practice of separating children from their parents. The CEOs of Chobani, Apple, Uber, and others have expressed that the practice is inhumane and called for an end to family separation. (See more regarding CEO statements and company actions here.)

Following significant pressure, US President Donald Trump signed an Executive Order on June 20, 2018 ending the practice of separating families. However, parents will still be prosecuted and families will remain together in immigrant detention as their cases are being processed, raising significant concerns regarding indefinite detention. It is also unclear when and how families that have already been separated will be reunited. 

Human rights organizations and journalists have accused private prison operators CoreCivic and GEO Group and govt. contractors Comprehensive Health Services Inc., Dynamic Service Solutions, Dynamic Educational Systems, General Dynamics and MVM of financially profiting from family separation and detention. An online resource by Corrections Accountability Project, "Immigrant detention: An American business" also alleges that bank and investor financing for CoreCivic & GEO Group supports these two companies to profit from the Trump Administration's harsh immigration policies.

The Business & Human Rights Resource Centre invited these companies, banks and investors to respond. Responses from BlackRock, BNP Paribas, CoreCivic, GEO Group, Comprehensive Health Services Inc, General Dynamics, MVM, Vanguard and Wells Fargo are available below. Bank of America, Dynamic Service Solutions, Dynamic Educational Systems and US Bank did not respond. JPMorgan Chase and SunTrust declined to respond.

 

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All components of this story

Article
25 July 2018

The Investor Alliance for Human Rights shares Guidance on Corporate Human Rights Due Diligence Related to Immigration Detention and Family Separation

Author: The Investor Alliance for Human Rights

According to the United Nation's (UN) Office of the High Commissioner for Human Rights, the practice of separating children at the border constitutes “arbitrary and unlawful interference in family life, and is a serious violation of the rights of the child,"... Companies with existing or potential contracts with the U.S. Federal Government associated with the enforcement of immigration policies are exposed to the risk of contributing to, or being directly linked to, violations of human rights, including children’s rights, due process, equal protection, freedom from
persecution and torture, and the rights of asylum seekers. This exposes companies to significant legal and reputational risks, including brand risk and workplace unrest by employees who are strongly opposed to these practices. 

This document, developed by the Investor Alliance for Human Rights, provides an overview of the human rights risks associated with family separation and indefinite immigration detention, and includes guidance to help companies identify, assess and address those risks, both in the U.S. and globally.

 

Objective 

By providing guiding questions that are in line with the UN Guiding Principles on Business and Human Rights and developed in collaboration with UNICEF, this document helps:

  • Companies identify, assess and address real and potential human rights impacts they may be contributing to, or directly linked to, through U.S. Federal Government contracts; and
  • Investors engage their portfolio companies to address the human rights impacts associated with immigration detention and family detention.

Download the full document here

Article
25 July 2018

The Investor Alliance for Human Rights shares Guidance on Corporate Human Rights Due Diligence Related to Immigration Detention and Family Separation

Author: The Investor Alliance for Human Rights

According to the United Nation's (UN) Office of the High Commissioner for Human Rights, the practice of separating children at the border constitutes “arbitrary and unlawful interference in family life, and is a serious violation of the rights of the child,"... Companies with existing or potential contracts with the U.S. Federal Government associated with the enforcement of immigration policies are exposed to the risk of contributing to, or being directly linked to, violations of human rights, including children’s rights, due process, equal protection, freedom from
persecution and torture, and the rights of asylum seekers. This exposes companies to significant legal and reputational risks, including brand risk and workplace unrest by employees who are strongly opposed to these practices. 

This document, developed by the Investor Alliance for Human Rights, provides an overview of the human rights risks associated with family separation and indefinite immigration detention, and includes guidance to help companies identify, assess and address those risks, both in the U.S. and globally.

Objective 

By providing guiding questions that are in line with the UN Guiding Principles on Business and Human Rights and developed in collaboration with UNICEF, this document helps:

  • Companies identify, assess and address real and potential human rights impacts they may be contributing to, or directly linked to, through U.S. Federal Government contracts; and
  • Investors engage their portfolio companies to address the human rights impacts associated with immigration detention and family detention.

Download the full document here

Article
16 July 2018

Govt. contractor MVM admits it held separated migrant children overnight at unlicensed facility in Phoenix

Author: AZCentral

"Contractor admits to holding kids overnight at unlicensed facility in Phoenix", 13 July 2018

A defense contractor admitted it occasionally held separated migrant children overnight at an unlicensed Phoenix facility... MVM Inc (...) canceled its lease for the building (...) Phoenix Councilwoman (...) said... If the company did, in fact, use the facility as a shelter, it could put it at odds with state and federal agencies... “We work diligently … to minimize the time that these children are in transit,” MVM spokesman Joseph Arabit told Reveal. “The process is a complex logistical undertaking with many things outside of MVM’s control, complicated by a recent spike in the number of children and families MVM was asked to escort... “[T]his led to some recent unavoidable delays when the period before a flight extended..." Arabit told Reveal it was a "regrettable exception" to MVM's policy to put children in hotels. Reveal confirmed, using information from an MVM database and children's immigration records, that two children stayed at the facility for more than 24 hours... ICE (...) is investigating cases in which children stayed at the facility overnight... Phoenix has no recourse against MVM (...) because the company didn't get caught violating city codes...

Read the full post here

Company non-response
10 July 2018

Bank of America did not respond

Bank of America did not respond to allegations that through its financing for GEO Group and Core Civic, Bank of America is helping to enable the work of these for-profit US immigration detention companies that are allegedly profiting from the Trump Administration’s harsh immigration policies, including separating migrant and asylum-seeking families.

Company response
10 July 2018

BlackRock response

Author: BlackRock

Virtually all of these shares are held in index funds. Index providers determine which companies to include in the indices they create. As a fiduciary, BlackRock then offers clients funds, like ETFs, that are designed to track the investment results of those third-party indices.

Download the full document here

Company response
10 July 2018

BNP Paribas response

Author: BNP Paribas

We thank you for your request dated July 3rd, and raising our attention on the report called "Immigration Detention: An American Business" by Corrections Accountability Project, published in June 2018. In your request, you stated that "this report alleges that through its financing for GEO Group and Core Civic, BNP Paribas is helping to enable the work of these for-profit US immigration detention companies that have and continue to profit from the Trump Administration's harsh immigration policies, including separating migrant and asylum-seeking families". We are taking this matter very seriously. We will verify our link to the above companies. We can already assure you that, would BNP Paribas be exposed to this issue via a client, we would engage the dialogue with him.

Download the full document here

Report
10 July 2018

Immigration detention: An American business

Author: Corrections Accountability Project

On April 6, 2018, the administration announced a "zero tolerance" immigration policy that requires every undocumented adult immigrant and asylum seeker in the U.S. to be criminally prosecuted under federal law... The "zero tolerance" immigration policy and the executive order ending family separation have created windfalls for some... For-profit companies contract with the various government agencies that manage the apprehension, detention, and deportation of undocumented immigrants... The largest financial winners at the border are, as many expect, the private prison companies that operate immigration detention centers, the most prominent of which are The GEO Group and CoreCivic. With more than 40% of their respective revenues stemming from federal contracts, these companies invested heavily in the outspoken federal, state, and local candidates interested in advancing harsh immigration policies like "zero tolerance" during the 2016 election cycle... [B]oth raked in millions on the thousands of immigrant adults and children imprisoned in their facilities.   

... [B]anks... provide credit financing, or loans, to The GEO Group and CoreCivic for the construction of new facilities and expansion of existing facilities... without which they could not pursue such projects... [These banks include JPMorgan Chase, SunTrust, Bank of America, BNP Paribas, US Bank & Wells Fargo.]... [A]s publicly-traded companies, The GEO Group and CoreCivic are also dependent on their institutional investors... Largest institutional investors [include]... Vanguard & BlackRock.  

Read the full post here

Company non-response
10 July 2018

JPMorgan Chase declined to respond

JPMorgan Chase declined to respond to allegations that through its financing for GEO Group and Core Civic, JPMorgan Chase is helping to enable the work of these for-profit US immigration detention companies that are allegedly profiting from the Trump Administration’s harsh immigration policies, including separating migrant and asylum-seeking families.

Company non-response
10 July 2018

SunTrust declined to respond

SunTrust declined to respond to allegations that through its financing for GEO Group and Core Civic, SunTrust is helping to enable the work of these for-profit US immigration detention companies that are allegedly profiting from the Trump Administration’s harsh immigration policies, including separating migrant and asylum-seeking families.

Company non-response
10 July 2018

US Bank did not respond

US Bank did not respond to allegations that through its financing for GEO Group and Core Civic, US Bank is helping to enable the work of these for-profit US immigration detention companies that are allegedly profiting from the Trump Administration’s harsh immigration policies, including separating migrant and asylum-seeking families.