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$1 a day to clean a detention center: The ‘labor exploitation’ of migrants in ICE jails

The debate over these ‘workers’ has returned to the national spotlight after a settlement between California and private prison operator GEO Group affirmed that detainees are protected by the state’s labor regulations

A detainee cleans the hallways of the Northwest Detention Center in Tacoma, Washington, in 2017.Ted S. Warren (AP)

José Luis was nicknamed “El acomedido” — The Helpful One. That was what fellow migrants at the Adelanto detention center in California called him because they saw him eat as quickly as possible and then rush to clean the tables afterward.

“It was the only way to earn a little money to buy what I needed in there: instant noodles, a toothbrush. I knew my family couldn’t put money into my account,” recalls the Mexican detainee, who was recently released from the facility.

Adelanto is operated by GEO Group, a private company that has held a lucrative contract with U.S. Immigration and Customs Enforcement (ICE) for years.

José Luis, who asked to be identified only by his first name for fear of retaliation, received just $1 a day for cleaning the dining hall, bathrooms, and common areas at Adelanto. The payment is a “stipend” provided to detainees who take part in the so-called Voluntary Work Program at ICE detention centers. Activists and immigrant-rights organizations regard it as a form of “labor exploitation,” particularly because it benefits a financially robust company: GEO Group is listed on the New York Stock Exchange and is valued at roughly $4 billion.

The $1-a-day payment was authorized by the U.S. Congress years ago and has remained virtually unchanged for decades. It has not even been adjusted to reflect state minimum wages. In California, for example, the minimum wage is $16.90 an hour for most workers and $20 an hour for employees at fast-food restaurants.

“That $1-a-day wage is pathetically low. It makes clear they are not seen as human beings, but as modern-day slaves who don’t deserve to be paid,” says Juan José Gutiérrez, director of the Full Rights Coalition for Immigrants. “The exploitation becomes evident in this detention setting.”

The issue returned to public debate after a recent settlement between the California government and GEO Group confirmed that detained migrants are also protected by the state’s workplace safety and health rules. After a three-year legal battle, the company agreed to pay more than $100,000 for failing to provide protective equipment or adequately train those who performed cleaning work at the Golden State Annex detention center in McFarland in California’s Central Valley.

Migrant complaints

The penalty was imposed in 2023 after inspectors from California’s Division of Occupational Safety and Health (Cal/OSHA) found six violations of state regulations.

The case was opened after some detainees at Golden State Annex alleged they often cleaned black mold from bathroom walls, saw black dust coming out of ventilation ducts and used cleaning products without instructions during the pandemic.

“Every worker deserves a safe and healthy work environment, and must be able to report workplace hazards without fear of retaliation,” a Cal/OSHA spokesperson said in a statement to this newspaper, referring to the settlement with GEO Group.

The company sought to avoid the penalties by arguing before the California Occupational Safety and Health Appeals Board that detainees performing cleaning duties in ICE facilities set their own schedules, were not employees, and were not carrying out “assigned tasks” when they were exposed to the hazards. The board, however, concluded that they were “affected employees” in this case. In doing so, it became the second government body in California to recognize them as workers.

Following that setback, GEO Group sued the California government. The dispute ultimately ended in a settlement under which the company agreed to pay $104,510 and provide protective equipment to migrants.

Workers or volunteers?

The classification of these migrants in California and across the country remains disputed. For Cal/OSHA, they are workers who “are entitled to workplace safety protections.” GEO Group and ICE, by contrast, maintain they are volunteers.

A recent update to standards for these detention centers states that “detainee volunteers participating in the voluntary work program are not considered facility and/or government employees and are not entitled to wages or benefits under applicable wage laws or labor regulations.”

The settlement did not resolve the status of migrants who, among many other duties, clean facilities, prepare food, or cut other detainees’ hair. Without this extraordinarily inexpensive labor force, GEO Group would have to spend a significant amount to cover those jobs. The company operates 95 facilities — including prisons, processing centers, and reentry centers — with a combined capacity of roughly 75,000 beds.

California alone has five immigration detention centers, including Adelanto. José Luis, the Mexican migrant who performed cleaning work during his time there, does not hesitate when describing his experience: “They exploited me and many others day and night.”

ICE and GEO Group did not respond to requests for comment.

The $1-a-day payment for detained migrants has reached courts in California, Washington and Colorado, where plaintiffs have targeted The GEO Group and other private detention operators. So far, those legal actions have not changed that compensation scheme.

“Nothing happens because attention is focused on the most urgent needs: preventing another migrant from being killed, as happened in Houston; stopping ICE raids; and ensuring proper treatment in detention centers,” Gutiérrez says. “Migrants spend that dollar they earn on items the detention centers themselves are supposed to provide: toothpaste, soap, toothbrushes, and food. Nothing more.”

José Luis says he worked hard at the Adelanto facility to avoid losing the “privilege” of earning even that meager payment. As the sole provider for his family, when ICE detained him on a street in Southern California several months ago, his wife and children were left without support. He says he returned home with a fungal infection under his fingernails and suspects he contracted it while cleaning the bathrooms.

“I put up with it because I thought: I need the dollar they’ll pay me today to eat.”

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