Va. lawmaker wants transparency on ICE agreement with Riverside Jail to house detainees

Riverside Regional Jail in Prince George County has contracted with Immigration & Customs Enforcement authorities to house detainees at its facility, but questions loom over the details of the compact. That has one Virginia lawmaker worried, particularly about the conditions of the detention.

"I'm very concerned about the conditions under which they are being held, and the incentive structure of paying to house people gives you an incentive to maybe not focus on protecting their civil rights," Rep. Jennifer McClellan, D-Virginia, told The Progress-Index July 28 after a meeting in Chesterfield County. "I am concerned about that, but broadly I'm concerned about the conditions under which people are being detained."

Last May, the Riverside Regional Jail Authority that governs the facility signed an agreement with ICE to house detainees. ICE, however, has put a nondisclosure on the authority about sharing details of that accord, including how much Riverside is being paid and where they are being held.

A copy of the contract was released to news media, but it was heavily redacted to cover up how much Riverside is being paid and the scope of its services rendered.

"There shall be no public disclosures regarding this agreement made by the provider ... without review and approval of such disclosure by ICE," the contract reads. It does state that the agreement is similar to the agreement Riverside has with the U.S. Marshals Service to hold fugitives that was signed in 1999, 26 years ago.

According to its missions statement, Riverside is obligated "to house inmates primarily from member jurisdictions" − Petersburg, Colonial Heights, Hopewell, Chestefield, Prince George County, Charles City County and Surry County.

"If space is available, inmates from other jurisdictions, including state and federal inmates, are accepted," the mission statement.

McClellan reacted to that lack of transparency.

"Open government is very important, particularly to hold officials accountable when they overstep their authority, where they do something wrong, where they violate civil rights when they hold people under deplorable conditions," she said. "I think the public has a right to know how their taxpayer money is being spent and whether it's on something they approve of or not."

Legislation to require documentation

McClellan was at the Chesterfield Courthouse to meet with Circuit Court Clerk Amanda Pohl and her staff to discuss last month's raids by plainclothes ICE agents inside the courthouse that wound up detaining a reported total of 15 people of Hispanic descent and checking their immigration status. While the majority of them were eventually released, questions were raised about ICE's authority to go into Chesterfield and detain people without due process.

McClellan, whose Fourth Congressional District includes the courthouse, fired off a letter to DHS and ICE almost two weeks ago demanding to know what procedures they are following in deciding who would be questioned and the conditions under which they were detained. She said outside the courthouse that her letter remains unanswered.

"We're creating a culture of fear in our immigrant communities," said McClellan.

As a result of what has happened in Chesterfield and other localities across Virginia, McClellan introduced legislation July 23 that would require the Department of Homeland Security and ICE to report to Congress every instance where a U.S. citizen or legal immigrant is detained or deported. Those reports should spell out the circumstances surrounding the action.

"We don't know how many, we don't know about the circumstances, so this is part of oversight responsibilities," she said.

Could closed prison become ICE center?

McClellan was also asked about the possibility of Sussex II State Prison, which was closed last year as part of a Virginia Department of Corrections reorganization, being repurposed as an ICE detention center. That is still in the concept stage, and while McClellan said she would not tell Sussex leaders exactly how to do their jobs, she would suggest they look at the whole picture and not just seeing it as filling empty space.

"I'm gonna say, 'Look if you do this, you need to make sure you do not break the trust between the community and law enforcement,'" she said. "You are acknowledging the humanity of the people who are in this facility whether they are detained immigrants or convicted criminals. They're still human beings, and you are entrusted as their custodian, and you need to make sure their needs are being met."

Earlier in July, Richmond news outlet Radio IQ reported the possibility of Sussex II and three other shuttered correctional institutions being converted into detention centers. At present, there are only two such facilities located in Farmville and in Caroline County.

Sussex II and three other former prison programs in Augusta County, Stafford County and Richmond County were closed due to reductions in staffing. Its companion prison, Sussex I, remains open.

Republican Gov. Glenn Youngkin, when asked by Radio IQ about the possibility, seemed warm to the idea.

Governor 'parroting' what he's told

Youngkin was also supportive of the ICE presence at the Chesterfield Courthouse, noting that was part of Virginia rounding up 2,500 "dangerous" illegal aliens this year in alliance with the White House initiative. However, his admnistration has not provided documented evidence that many had been picked up.

McClellan said she thought Youngkin is mimicking President Donald Trump, who she claimed was also touting high numbers without substantial proof.

"I don't believe it," she said. "Until you show me all 2,500, all of their cases, what they were convicted of, again, you are innocent until proven guilty."

Asked flat out if she thought Youngkin was lying about the numbers, McClellan said, "I think the governor is not doing his due diligience to ask the right questions and is just parroting what he has been told at best."