Federal Bureau of Prisons (BOP), U.S. Immigration and Customs Enforcement (ICE)

The following titles, parts, and sections of the Code of Federal Regulations (CFR) and statutory provisions should be rescinded or modified to end the practice of privatized prisons and eliminate the use of private contractors for managing federal detention facilities: 18 U.S.C. § 4002 – Prisoner Detention Rescission Focus: Modify 18 U.S.C. § 4002 to prohibit or restrict the use of private contracts for managing detention facilities. This would remove the statutory framework allowing the privatization of prisons and refocus on publicly managed correctional facilities. 28 CFR Part 8 – DOJ Asset Forfeiture Procedures Rescission Focus: End the ability of the Department of Justice (DOJ) to enter into contracts with private prison operators for the management of federal detention facilities. This would ensure that prison management is conducted by publicly accountable entities. 19 CFR Part 162 – Treasury-Related Civil Forfeiture Procedures Rescission Focus: Modify the Treasury Department’s civil forfeiture regulations to restrict private involvement in detention and correctional facility management. This ensures that public agencies are responsible for incarceration and detention. 19 CFR Part 162 – Immigration Detention and Prison Contracts Rescission Focus: End the Department of Homeland Security (DHS) and ICE’s ability to enter into private contracts for the management of immigration detention centers. This would shift the responsibility of these centers to publicly operated facilities.

Contracts for Confinement of Federal Prisoners in Non-Governmental Facilities

Profit-driven incarceration creates incentives to increase detention rather than reduce recidivism. Public justice should not be privatized.

Federal Bureau of Prisons 320 First Street NW Washington, DC 20534

(202) 353-4885.

In 2021, Executive Order 14006 directed the Department of Justice to end private prison contracts with the BOP. However, this order did not apply to ICE detention facilities, which continue to rely heavily on private operators. These facilities have been linked to inadequate staffing, poor health conditions, and repeated civil rights violations. Federal reliance on private prisons persists due to this gap

Phasing out all federal private incarceration contracts—including those under ICE—ensures consistent standards of oversight, humane treatment, and transparency. Ending this practice protects civil liberties, curbs financial incentives to incarcerate, and brings federal detention policy in line with constitutional and ethical principles.

Federal detention and incarceration services shall only be provided by publicly owned and operated facilities. No contract, subcontract, or intergovernmental agreement shall authorize the confinement of individuals in non-governmental facilities for federal detention purposes, including immigration enforcement and pretrial holding.

William K Marshall III

Director, Federal Bureau of Prisons