NEW YORK -- Immigrant advocates say President Joe Biden's executive order to end the use of private prisons is an important first step, but more needs to be done.

The executive order, issued during the first week of Biden's presidency, directs the Department of Justice not to renew its contracts with corporations operating the privately run prisons that house about 16% of the federal prison population.

Basma Eid, national programs manager for the group Freedom to Thrive, argued it does not apply to contracts under Immigration and Customs Enforcement, or ICE, which held an average of 50,000 undocumented immigrants in detention every day in fiscal year 2019, 80% of them in privately owned or managed prisons.

"While this executive order does take a step toward abolishing the use of for-profit prisons, it really doesn't speak to the number of immigrants who are detained in these privately run facilities," Eid contended.

During his presidential campaign, Biden pledged to end the federal use of private prisons, including for the detention of undocumented immigrants.

The COVID pandemic added another layer of urgency to the need to end the mass detention of immigrants.

Eid pointed out infections are extremely difficult to control in congregate settings including in detention facilities.

"There's been numbers of outbreaks that have happened across the country," Eid observed. "And instead of releasing people and protecting them and letting them be home with their families and their communities, people are risking their lives every day inside."

In November, at least five people detained at a privately run ICE detention facility in New Jersey tested positive for COVID-19.

Eid noted the Obama administration had issued an executive order to curtail federal use of private prisons, but it also did not address immigration detentions and it was quickly overturned by the Trump administration.

"These executive orders can only last as long as that executive is in power, and so four years from now, depending on who is in the White House, can really dictate how impactful these orders really will be," Eid cautioned.

She concluded detention of undocumented immigrants can be ended by abolishing ICE and adopting comprehensive immigration reform including a pathway to citizenship.

Hundreds of international college students in Texas are fighting to stay in the country after their visas were revoked and their legal status changed by the federal government.

The Trump administration said the moves are part of its efforts to remove international students who have participated in pro-Palestinian protests or who have criminal offenses.

Kelly Cobb, partner and business immigration attorney in the Jackson Walker Law Firm in Houston, said many of the students targeted do not fit into either category. She explained students are being advised to file temporary restraining orders against ICE.

"Normally there would be some due process, they would understand why this is happening," Cobb pointed out. "For many of the students, they don't know why this is happening. This has been really unprecedented, unexpected and really fast."

Texas has more than 80,000 international students who contribute about $2 billion to the state's economy. Cobb added international students do not receive financial aid or grants and without their tuition and fees universities would suffer.

Information about international students is maintained in the Student and Exchange Visitor Information System. Cobb noted universities are usually the ones making changes to a student's status but now they are coming from outside the college system.

"The federal government is going in there and basically revoking status," Cobb stressed. "There are questions as to 'why are you picking certain people?' We've heard about individuals being picked up off the street or taken from their homes. It's like 'Hey your status has been canceled here.'"

She pointed out many attorneys are taking on pro bono cases to help students complete their studies and added everyone benefits from the student exchange programs.

"We're getting the best and the brightest in a lot of fields and I think that has helped the United States remain leaders in innovation in medicine and technology," Cobb contended. "We collaborate with different entities all over the world based upon these foreign students, so it all is very collaborative."

Support for this reporting was provided by Lumina Foundation.


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President Donald Trump continues his pressure campaign on immigrants -- both documented and undocumented -- disrupting the lives of many in Virginia.

As the administration revokes thousands of visas of legal immigrants, the Social Security Administration has reportedly moved thousands of names to what's known as its "death master file." The move essentially stops a person's ability to work, open a bank account or apply for a credit card.

Monica Sarmiento, executive director of the Virginia Coalition for Immigrant Rights, said the actions hinder people's ability to contribute to society, including the more than 17% of immigrants in Virginia's workforce.

"Most immigrants are here because they want a better life for themselves and their families, and want to contribute willingly and pay taxes," Sarmiento contended. "For that, they need a Social Security number."

This month, the Internal Revenue Service said it would share information on undocumented taxpayers with Immigration and Customs Enforcement. Administration officials have defended the policies, saying they will encourage affected migrants to "self-deport" to their home countries.

But advocates like Sarmiento countered immigrants of all status levels pay taxes, often in an effort to contribute to the country.

"Immigrants pay taxes," Sarmiento stressed. "They don't just want to pay taxes, they actively pay taxes. And lots of immigrants, undocumented immigrants -- it has been very well recorded -- pay billions of dollars in taxes every year, as well as noncitizen residents of the United States."

According to the American Immigration Council, undocumented immigrants alone in 2023 contributed nearly $90 billion in taxes to their federal, state and local governments.


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Tax filing season has wrapped up but the backlash over a new IRS policy concerning undocumented individuals is not going away.

A retired agency official from Illinois said her heart breaks for the people she served over the years. A deal has been struck between the IRS and the Department of Homeland Security to share the sensitive taxpayer information of those facing deportation. Officials said locating "violent criminals" is part of the goal.

Yolanda Ruiz worked for the IRS for 33 years doing outreach work in Latino communities, including tax-filing workshops. She would stress submitting a return would not overlap with immigration enforcement.

"In that outreach, I would always reassure undocumented immigrants that we would not share their personal information with ICE," Ruiz recounted. "And I also encouraged filing and paying their taxes, because it could ultimately help them with legalization and citizenship."

She explained their application approval odds might improve if they showed consistency in paying taxes. Researchers noted people without legal status pay income taxes through a specialized number. In 2023, those households paid nearly $90 billion in taxes. But Ruiz, who is not speaking for the agency, worries the new agreement will undo the trust those like her worked so hard to build.

Ruiz agreed with immigrants' advocates who said some people are now afraid to file tax returns, which could mean less revenue for the federal government, potentially limiting community resources. She added she was devastated upon hearing the news about a policy opposite of the long-standing approach in serving immigrants.

"I really can't help but to feel like I let them down," Ruiz explained. "My heart hurts and I pray for the immigrants."

The fallout is being felt within the agency, too, with the acting IRS commissioner reportedly resigning this month because of the agreement with Homeland Security.


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