PROTECTING NON-CITIZENS IN PRIVATE DETENTION FACILITIES FROM REPRISAL FOR EXERCISING THEIR LABOR RIGHTS: A TWO-STEP PROCUREMENT-BASED, PRE-AWARD SOLUTION.

The U.S. government procurement system should strive to maintain optimal results for the government and federal contractors, but not at the expense of humanity. Recent incidents where facility employees at multiple private immigration detention facilities across the country have committed labor rights and human rights abuses against non-citizens highlight the growing problem of a lack of accountability and transparency between immigration enforcement agencies and private companies. The non-citizens were able to file lawsuits in federal courts against the facilities, but much more needs to be done to address the issues before they arise, not after the abuses occurred. This Note will argue that the U.S. Code should be amended so that agencies involved in immigration detention shift away from entering into Intergovernmental Service Agreements with local and state governments for private detention facility contracts and instead engage in standard FAR Part 15 negotiated procurements. Once the shift has taken place, the agencies should ensure that they gather sufficient information on a company's past performance or personnel management so that they can be confident that they are contracting with companies who value non-citizens' rights. Together, these steps will significantly contribute to the ongoing fight in ending labor rights and human rights violations in the government procurement arena, keeping in mind that what is ultimately at stake is ensuring that non-citizens are treated how they should be: as humans. [ABSTRACT FROM AUTHOR]