Committee agrees to draft memo urging review of ICE/CBP detention contract and operational fixes
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Summary
After hearing DOC and member concerns about housing federal detainees under a contract with Customs and Border Patrol, the committee approved preparing a memo for the governor's office asking the administration to address capacity, staffing, reimbursement, language access and legal counsel in any renewed contract.
The Joint Justice Oversight Committee on July 16 agreed to prepare a memorandum to the executive branch asking that any contract or rider related to Customs and Border Patrol (CBP) and Immigration and Customs Enforcement (ICE) detainees address several DOC operational and legal concerns.
Committee members and DOC staff described capacity and operational strains at statewide facilities that result when federal detainees are processed or transported without sufficient notice and staffing. Committee members said they want the executive branch to raise specific contract terms to protect Vermont corrections operations and staff.
Ben Novakowski summarized issues raised by DOC: the current federal reimbursement of roughly $180 per detainee per day does not fully cover Vermont's costs; early- or late-hour processing and inadequate notice have strained booking areas and staffing; the legal and administrative "rider" structure attaching ICE detainee housing to a federal contract has been confusing to legislators; and language-access and interpretation challenges can complicate intake and care. Novakowski said information about the rider or contract was unclear as the legislature made inquiries in prior sessions.
Committee members suggested items to include in a memo for the governor's office and administration: require advance notice (for example, 24 hours) for transfers and removals; secure reimbursement that more fully covers DOC costs; ensure interpretation and language-access services are provided and funded; provide access to counsel or legal resources for detainees to the extent practicable; and require compliance with Vermont and DOC procedures during processing and housing.
Members agreed to draft a memo and circulate a proposed text to committee members for review. Committee leadership said a draft would be prepared quickly: "Go by Friday. We'll get it out to members at the beginning of next week," and members would have a short window to weigh in before the committee, by majority, determines whether to send it. The committee did not record a formal roll-call vote; members discussed and directed staff to prepare the draft for circulation.
Ending: Staff (Ben Novakowski, with committee leadership assistance) will draft the memo and circulate it to members early next week for comment; if a majority approves, the committee will send the memo to the governor's office and relevant executive staff.