In Surprise Vote, Hudson County Renews Contract With ICE to Detain Immigrants

Officials in Hudson County, N.J., voted Thursday to renew a controversial contract to detain immigrants at the county jail in exchange for about $35 million a year from Immigration and Customs Enforcement. 

The vote was a surprise. At least one freeholder went to the Thursday afternoon meeting expecting it would take place in August. But county leaders moved to vote early in the wake of a WNYC report on Wednesday that revealed that the existing contract had expired in January and a new deal was in the works. That triggered opposition from grassroots activists and Mayor Steve Fulop of Jersey City, the largest municipality in the county.

"Most if not at all of the elected officials speak to the fact that we don’t support the Trump policy [on immigration]," Fulop said, referring to the fact that Hudson County government is run entirely by Democrats. "But in actuality, when you look at what they’re doing, they’re actually doing something that is opposite of what they’re saying." In response to arguments that the revenue from the contracts helps to support government operations and keep down taxes, Fulop said: "I don’t think you should be giving up on your morals and values just based on revenue."

About two-thirds of inmates at the Hudson County Correctional Facility — 800 people — are immigrants waiting for hearings on their deportation cases, not people charged for local crimes waiting for trial. Many of the immigrants were picked up in New York City on immigration violations; others were transferred to Hudson County from the southern border. 

Essex and Bergen counties also contract with ICE to house immigrants. Together, the three counties are paid $6 million a month and have collected more than $150 million since 2015. Along with the privately-run Elizabeth Contract Detention Center, the four New Jersey facilities house approximately 2,000 immigrants.

Hudson County's new 10-year contract was not available to be reviewed after the vote, according to the office of the Hudson County Board of Chosen Freeholders, the government body that runs the county. But the resolution approving the contract indicates it will bring the county $120 per detainee, per day, which amounts to approximately $35 million a year if the current population of about 800 immigrants remains constant. That's far more than what Hudson was previously collecting — just $77 per inmate per day.

Freeholder Joel Torres, who was one of two no votes on the ICE contract, said he was told it is for a 10-year period. But he said he was unable to thoroughly review the contract because he only received information about it the night before the vote. That's why he requested that a vote be held at the freeholders' August meeting, after officials and the public could more thoroughly review the plan. 

According to the agenda for Thursday's meeting, a vote on the proposed contract extension was listed as "carried" — which Torres said means it will be carried over to a later date. 

Agenda item from Hudson County Freeholders meeting.

(Hudson County)

But that's not what happened. After several members of the public spoke in opposition to the contract, a vote was held. The motion passed 5-2. The second no vote was from Freeholder Bill O'Dea. Two other freeholders were absent.

"Seeing how the federal government right now is using Immigration and Customs Enforcement and the big push to really damage the lives of immigrants in our country I think it was very important to just be prudent," Torres said. "Review the information, speak to the advocates, speak to the folks who are working with the detainees, speak to detainees themselves and make sure this agreement will be effective to provide services and support. And if not, look to get out of it. But we weren't afforded an opportunity to take a deeper dive to look into it."

Specifically, Torres wanted to know if the medical and legal services offered to detainees was sufficient. But the first time the freeholders even discussed the matter was on Tuesday, he said.

Hudson County has a foreign-born population of more than 42 percent, according to the U.S. Census. It is overwhelmingly Democratic.

"ICE detainees have to go somewhere,'' said Freeholder Anthony Vainieri, according to The Record newspaper. "We can house them here, and it's better for the families ... so they don't have to travel far. ... There is no reason why we shouldn't approve a contract just because people are against ICE."

Advocates for detained immigrants in New Jersey said that of the four facilities that hold people for ICE, the Hudson County Correctional Facility is considered the least desirable placement. Six inmates died at the jail over nine months beginning last year, culminating in a March decision by Hudson County Executive Tom DeGise to terminate a $29.4 million contract with the jail's medical provider, CFG.

CFG however, was awarded with a two-year contract extension this week by the freeholders in Essex County, which brings in nearly $3 million a month under its own arrangement to jail immigrants for ICE.