Doug Stanley : “Should Prince Edward County Make a Deal? Exploring ICE Contract”

The Prince Edward County supervisors are currently deliberating whether to enter into a partnership with the U.S. Immigration and Customs Enforcement (ICE). During their meeting on Tuesday, February 13, the supervisors unanimously agreed to allow county staff to continue negotiations with Homeland Security and ICE regarding the provision of detention services similar to those currently offered by ICA Farmville.

Prince Edward County Administrator Doug Stanley stated, “The board of supervisors is exploring the potential benefits of assuming the contract with ICE. We are in the initial stages of the process, and we plan to release a request for proposals for detention services. The Farmville town council has decided to step back from the contract, and we are considering taking on that responsibility.”

Farmville Town Council’s Decision

The mention of the council refers to the Farmville town council’s decision in September of last year. Currently, the town of Farmville has a contract with Immigration Centers of America (ICA), the organization operating the ICE detention facility in the town. When ICE operates a facility, it typically seeks to partner with a local city, town, or county. After several months of hearing from Longwood University students and town residents who urged the council to terminate the contract, the council agreed to let the deal expire during their meeting in September 2023.

However, they granted a short extension until March 29, 2024, to ensure a smooth transition. This extension aimed to prevent any negative impact on the residents of Farmville who work at the ICE facility. These individuals depend on their income from the facility to cover their living expenses. Furthermore, the town receives various taxes and fees, including real estate tax, personal property tax, business license fees, and water and sewer fees. Additionally, the town receives a per diem fee, an annual payment made by ICA to the town.

Farmville Mayor Brian Vincent explained, “The council voted to find a way out of the contract without harming the jobs associated with the facility. This signaled to ICA that they needed to seek another entity for the intergovernmental agreement. As evidenced by last night’s vote, it seems that Prince Edward County is pursuing a potential agreement. Our extension runs until March 29, and I have not had any negotiations with ICA Farmville since the extension was put in place.”

The Importance of an Agreement for ICE

Why does ICE need a partnership with a city, county, or town? ICE did not provide an explanation to The Herald. However, the U.S. Government Accountability Office (GAO), which provides auditing and investigative services for Congress, sheds some light on the matter. According to a January 2021 GAO report, by using local entities as intermediaries, agencies like ICE can bypass certain requirements.
The GAO report stated, “The agency can usually enter into agreements more quickly than contracts because agreements have fewer requirements and require less documentation. For example, unlike contract requirements, ICE is not legally obligated to competitively award an intergovernmental service agreement (IGSA). Furthermore, ICE is not required to evaluate the past performance of detention facility operators when awarding an IGSA. However, under contracts, ICE mandates that prospective contractors submit information on their performance in recent contracts.”
It is important to highlight the last two sentences. Under the current “middleman” agreement between ICA and Farmville, federal immigration officials are not required to assess the facility’s past performance. This is in contrast to a standard contract, where past performance is thoroughly evaluated before finalizing the deal.
The National Immigrant Justice Center supported this information in a policy brief shared with The Herald.
The brief stated, “These agreements often involve a ‘pass-through’ arrangement, allowing local officials to act as intermediaries between ICE and private companies. With these agreements, ICE contracts with local governments, bypassing procurement laws that govern contracts with private companies. The counties or municipalities hosting the detention centers then directly contract with the same private companies that operate the facilities, receiving kick-back funds from the private operators. The most recent GAO findings assert that ICE intentionally uses agreements to circumvent procurement laws and open government requirements.”

Reasons Behind Farmville’s Decision

Before discussing the current situation, it is worth mentioning why the Farmville town council decided to terminate their agreement. The relationship between the town and the ICA facility is complex. Over the past three years, the facility has garnered significant attention, even making national headlines for the wrong reasons. In 2020, 93% of detainees at the facility tested positive for COVID-19. One of them, a 72-year-old Canadian national named James Thomas Hill, tragically succumbed to the virus.

Following this incident, the facility was temporarily closed until July 2022, when a settlement was reached, allowing it to reopen under certain restrictions. As per the settlement, the facility can now house a maximum of 180 people at a time. Since the reopening, family members of detainees have appeared before the council, expressing concerns about the detrimental impact of the facility’s conditions on their loved ones’ health and calling for the termination of the contract.

The headlines did not stop there. In August, the Virginia chapter of the American Civil Liberties Union (ACLU) filed a lawsuit against the detention center, alleging that individuals were being detained long after winning their immigration cases. The cases of German Fuentes and an individual identified as “Mr. Gonzalez” were highlighted. Both had won their cases and received permission to.

– “Prince Edward County explores ICE contract”
– “Should Prince Edward make a deal with County?”.