Federal Prisons

Stop – freeze
Pig get on your knees
You can hate me
But you can’t stop thee
Movement in progress
Socialism rises,
Like the Phoenix –
All shapes and sizes,
Walk of life
Will walk to town
We stop until
Capitalist trash falls down

The stressful conditions of imprisonment, through its tactics of oppression and the aggressions of the prison system, not only take a toll on our minds, but on our bodies as well. Lockdowns and constant hours confined in a cell erodes our bodies through inactivity. It’s important to work on our physical stamina to aid us in our struggle against this oppression and this can be seen as an effort against this tyranny, furthering our revolutionary efforts. So exercise is important and one should do some kind of exercise every day as an action against our confinement.

Here are some simple exercises that can be done in a cell or the yard and shouldn’t take more than 5 minutes.

Warm-up: This is an easy warm-up to try when you feel you’re not in the mood to exercise yet. Do some calf raises, they’re fairly easy. Stand with your feet about shoulder width apart, then get up on your tip-toes, then go back to standing normally; that’s one. Do this about 10 or 20 times, or however many you feel is enough; it’s a great way to get your blood flowing.

As you do these, if you want, you can hold your arms out to your sides, about shoulder level, for two counts, then straight up over your head for two counts. Then back to the start position. You can do this anywhere with any type of footwear.

Isometrics: Isometrics are when an exercise position is held for a few seconds in order to gain stamina at exercise. It’s a great way to strengthen your core.

Here is a simple set of three exercises that shouldn’t take more than 3 minutes to complete.

1. Forward Lunge - Starting with your feet shoulder width apart, step forward with your left leg until it is in a 90 degree position in front of you, your back leg bent forward it’s lower leg (or calf) parallel to the floor. Hold this position for 20 to 30 seconds, then go back to the standing position. Next do the right leg. If you need to, between each exercise you can rest for 10 to 15 seconds, or until you have recovered. When doing the forward lunge try not to rest your hands on your leg or knee, as this will weaken it during the exercise.

2. Front Leaning rest - Get in a push-up position, and sink to the floor as if to do a push up, holding yourself just off the floor (or down and hold it, as it’s known) then hold this position for 20 to 30 seconds.

3. Squats - Stand with your legs shoulder width apart; then bend your knees, bringing your upper torso down while keeping your back straight, until your knees are bent at 90 degrees, or what you can manage. Hold this position for 30 seconds.

During these exercises you can take small breaks of about 15 to 20 seconds in between each one, but it’s best to do them one after the other, with as short a break as possible in between. If you want you can extend each exercise to 60 seconds and see if you can finish the whole set in under 5 minutes.

Quick Cardio: here are some exercises to work on your cardio. The whole set can be done in under 5 minutes.

1. Push-ups - do as many push-ups as you can in 30 seconds. Later, if you want you can increase this to 60 seconds.

2. Jumping Jacks - do as many jumping jacks as you can in 30 seconds, you can also increase this to 60 seconds.

3. Flutter kicks - lie on your back, on either the ground or your bunk, put your hands under your hips, on either side of your spine, so that your pelvis doesn’t touch the floor (the best way to do this is to ball your hands into fists). Then bring your feet up so they and your legs are about 2 inches off the floor. Lift your left leg up until it is in a 45 degree position from your body. Then bring it back down to the start position. Next do the same with your right leg. Keep alternating legs at a steady pace (like walking or jogging) for about 30 seconds. This exercise can create stress on your back, so it’s best to build your strength by doing the exercise moderately before you increase the time to 60 seconds.

Remember directly after your exercises you should walk or pace around for a few minutes, or do some calf raises. This is so your body can adjust itself to having been active after being in a cell all day.

MIM(Prisons) responds: We agree with this writer’s analysis of the importance of exercise to a strong mind and body, especially when both your mind and body are under attack in prison. A physical exercise program should be combined with mental exercise of political study and struggle as well as political organizing work. Some comrades have used exercise programs as a tool for political organizing, building unity in the yard by bringing together groups to work out together and then conducting education classes after these workouts.

“This operating procedure provides an administrative process for resolving offender issues and complaints through fair, prompt decisions and actions in response to complaints and grievances from offenders incarcerated in Department of Corrections institutions.”

These are the clever introductory words of Virginia Department of Corrections (VA DOC) Operating Procedure 866.1 governing “Offender Grievance Procedure.” While offenders – captives – suppose to enjoy non-repressive rights to utilize the grievance procedure, captives have experienced for many years repressed rights by the Department’s Human Rights Advocates (commonly called Institutional and Regional Ombudsman) and administrative personnel. The VA DOC is at odds over effective administrative application of the captive/offender grievance procedure.

Since my incarceration in 1993, the captive/offender grievance procedure has always been a medium, used by captives, to receive redress for their issues and problems. The Institutional Ombudsman, once upon a time, investigated captives’ issues/problems with proper handling, meaning they would speak to both the captive and staff before rendering a decision. Ombudsman would render decisions reasonably, appropriately – even if it was to the neglect of the system. After all, that’s the job of the Human Rights Advocate.

Over the years, the captives have grown to understand completion of Offender Grievance Procedure is the first step to satisfying the Prison Litigation Reform Act (PLRA Federal statute). Before the legal court system will entertain captive lawsuits, the first level one must meet is exhausting all available administrative remedies. With this understanding, VA DOC Institutional and Regional Ombudsman began seeing a rise in filed complaints and grievances, and civil lawsuits (42 U.S.C. 1983). A conspiratorial plan was hatched by the department to suppress captives’ grievance procedure and opportunities. Something had to be done. VA DOC was being held liable, costing thousands of dollars.

The first step in repressing and suppressing the captive grievance procedure was that many prisons and institutions removed captives’ complaint forms and level 1 grievance forms from availability. This means, in order for captives to receive said forms, they must make requests to officer/building sergeants. Captives must divest their issues/problems to authorities. If the officer or sergeant disagrees with your issues or problems, they refuse to give you needed forms. When they do give you forms, it’s usually because the issue/problem is not really a threat. Captives are left with suppressed and repressed grievance rights, by the same system that swore to uphold these rights.

Once a captive completes the informal complaint process, an administrative grievance can be filed. With next-level repression, the Ombudsman uses fraudulent claims to deny grievances; such reasons as: time barred, inquiring on behalf of other “captives,” not enough information, and in some cases stating “If you’re not satisfied with response file to next level – regional ombudsman.” (Some complaints/grievances are not returned.) These alleged claims are used by the institutional ombudsman to deny grievances, not logging grievances, or otherwise repress the process. Regional Ombudsman, being the last level of grievance process, usually side with Institutional Ombudsman.

Captives who file complaints/grievances, at times, are faced with reprisals. These reprisals, although forbidden by Operating Procedure 866.1, are usually felt in not receiving jobs, non-favorable housing, denied transfers, and more. Captives face extreme difficulties seeking to prove they are experiencing reprisal, due to filing complaints/grievances. Often times, captives who file these documents are labeled “paper-pushers,” and the new term, “paper terrorist.=” (yeah, such a machination by the oppressors).

VA DOC has created a crafty method to suppress, and repress captives’ grievance procedure and right. This is reflected in the number of Level 1 and Level 2 grievances “found” versus those “unfounded.” Even when the evidence submitted favors the captive’s claims, the grievance is still returned “unfounded.” The Ombudsman no longer advocates on behalf of the captives, nor upholds the integrity of the grievance policy.

In entertaining plans to file civil litigation (§42 U.S.C. 1883 claims of civil rights violation) one must have satisfied §42 U.S.C. 1997(e)(a) which states “no action shall be brought with respect to prison conditions… by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” With continuous suppression of captives’ grievance procedural rights, this satisfaction will prove to be difficult. These measures are used by the oppressive system to derail, suppress, or otherwise hinder captives’ ability to satisfy §42 U.S.C. 1997 (e)(a), and PLRA, and have any legal litigation dismissed for not exhausting all available administrative remedies.

In a recent lawsuit (§42 U.S.C 1983) I filed against a VA DOC prison, and its Director Harold Clarke, alleging Civil Rights violations. I was advised by United States District Court for the Eastern District of Virginia, “Plaintiff has no constitutional right to participate in grievance procedure - citing Adam v. Rice §40 F. 3d. 72, 75 (4th Cir. 1994) - because plaintiff enjoys no constitutional right to participate in grievance procedure his allegation that his grievances were improperly processed are legally frivolous - citing Banks v. Nagle. Nos. 3:09 CV419-HEH; 3:09 CV14 (2009) WL1209031, at *3 (E.D.VA. May 1, 2009).” Moreover, simply, “ruling against a prisoner on an administrative complaint does not cause or contribute to the [constitutional] violation, see George v. Smith 507 F. 3d. 605, 609-10 (7th Cir 2007)” I alleged in my First Amendment violation claim: Ombudsman at this prison suppressed, obstructed or otherwise denied me fundamental (and meaningful) access to “offender grievance procedure” due to refusal to properly process and answer said grievances. It was, and remains a continuous practice, within VA DOC, to deny “redress to government,” in this case, the prison authorities who are agents of the state.

It appears the U.S. District Court has shifted their views and opinions as to whether captives have a constitutional right to grievance procedure. On one hand, the Federal statute §42 U.S.C. 1997 (e)(a) states we have to satisfy the prongs of the PLRA, which requires the exhaustion of all available administrative remedies, before filing a §42 U.S.C. 1983. But then, restrict such requirement in decisions rendered in Adam v. Rice and Banks v. Nagle, which contradicts mandates of §42 U.S.C. 1997(e)(a).

Without protected due process rights, whether in society or behind these walls of horror, the people are in trouble. Captives have seen a consistent erosion of rights, or a limiting of such rights, over the years; from the Anti-Terrorist and Effective Death Penalty Act, of former President Bill Clinton, to the Patriot Act of George W. Bush. High courts have repeatedly sided with state prison administrators, citing “security takes precedence over certain rights, including infringement upon certain civil rights.” This could very well open the door for the pigs to get away with vicious assaults, property damages, and other egregious acts that goes on behind these walls. The highway for “organized crime” is without patrols.

Captives are subjected to a wide range of issues and administrative confrontation, leading to needed remedies. Though, each “department of correction” professes administrative remedy outlets, captives’ rights to utilize these administrative outlets continues to be repressed, ineffective, leaving issues unsolved. These create an environment of mistrust, instability and an ethos of disorganization between captives and “the system.”

Captives here at this VA DOC prison have organized around the “United Front” and “United Front for Peace in Prison - Statement of Principles.” We have organized, mobilized, and deputized. We’ve organized to the point where we have a ten point agenda, designed to address our oppression and oppressor in an organized and systematic way. We wish to accept full responsibility for our actions, educate ourselves in seeking justice, and assure that we remain at peace, on what we’ve agreed upon, and united around our collective agenda.

We wish to join on to and with MIM(Prisons)’s campaign “We Demand our Grievances are Addressed.” Please send us the petition! ASAP we will work to assure this petition is signed by as many we can from behind these walls. We will continue to educate ourselves towards the process, and our rights under Civil Rights of Institutionalized Persons Act.

Let’s stop the repression of the grievance procedure within the VA DOC. We stand with MIM(Prisons)!

MIM(Prisons) responds: This comrade and others in Virginia have been doing some great organizing work, building the United Front for Peace in Prisons, local study groups, and fighting the corrupt grievance process in that state’s prisons. We look forward to the progress of this campaign as a part of building a broad base of united prisoners in Virginia fighting the criminal injustice system under anti-imperialist leadership.

On 20 and 22 January 2016 I was sexually harassed by a male correctional officer. On the 20th we were on lockdown because of a fight. Right before the correctional officer was to go home for the night he came over my intercom and clowning my celly, but while laughing said “don’t let me catch [X] with his boxers on backwards and [X] laying on his belly while you’re (my celly) on top of him.” After he went home I told my celly I felt uncomfortable as did he. After we came off of lockdown the same correctional officer called me to the bubble twice. First time he said [X] (me) that he was going to dog my celly (clown him), I told him no and walked away. The second time he called me to the bubble yet again saying “[X] ya should take your celly down through there sexually show him what it’s like.” I told the Correctional Officer he should not talk to me like that I’m not here to catch a PREA case. This officer knows that I’m a homosexual because it’s in the computer my alternative lifestyle. My celly is Black, the officer is Black and I’m white.

On January 23rd I talked to Sargent Thompson and told her everything that happened and that I was afraid for my safety for telling on an officer, because he’s going to find out if not through staff through prisoners. I also see Lieutenant McKeean told him the same thing. He asked my celly why he didn’t write a grievance on him, my celly said he didn’t want any problems. Come to find out my celly’s uncle used to work here and his uncle is good friends with the officer. The correctional officer is Guice.

On January 29 I refused to lockdown for fear of my safety. Correctional officer Houck said Lieutenant McKeean said I wasn’t going to get a bed move. So I told officer Houck I refused to lock down for my safety, as caseworker Faliszek told me I had a right to do. So Officer Houck handcuffed me and put me in the shower and locked the shower. Sargent Thompson came to the unit told me I’m not getting a bed move and told officer Houck to put me back in my cell. I told her this is bullshit, I’m afraid for my safety with everything going on with retaliation and all the sexual crap he’s saying. She wouldn’t hear any of it. Office Houck took me out of the shower while handcuffed with the gun drawn on me took me back to my cell, while telling me no one’s going to believe you because you’re a prisoner no one believes an inmate because you’re all liars. Officer Houck said he doesn’t believe me because he knows Officer Guice personally and knows he will never sexually harass anyone.

On 12 February 2016 my celly put his shoes on after the health and welfare count and then told me I had two options: 1. come down push the button tell the officer you’re going to commit suicide, or 2. he’s going to kick my ass. I told him why I had to do that he said which one was I going to pick. So I came down off my bed and pushed the button and told the officer that I was in fear of my life because I wanted to commit suicide, the officer in the bubble told me no and to wait til morning to talk to the nurse. This pissed off my celly so he tackled me like a football player. I fell and hit my head on the door he began to slap me several times in the face and then he stomped me with his feet in the face and neck. After he was done I kept hitting the call button, but the officer never answered the button. In the morning I went to chow I stepped out of line and told the officer I was in fear of my safety. He seen my face and asked what happened. I didn’t say anything. The Officer Turner said me and my celly were having problems last night, Lieutenant Potter asked if my celly did that to my face and neck. I didn’t answer and looked away. They knew it happened so they took me to medical then to the hole with a notice of charges for assault.

Most of the grievances I filed on sexual harassment and retaliation were locked by Associate Wardens. I then refiled in February 2016, they finally went through and went to the I.G. office and PREA. I finally saw the PREA investigator Steve LeMara on 9 June 2016 he said he believed me on everything.

I’m still missing grievances that are in the last level sent kites to the Associate Warden, Caseworker Elmor and Berrett, and to head Caseworker Russell. Still have heard nothing.

As far as your comment about the Grievance System, well, I gave up on the system a while back. What I do is I will write a letter and address it to Brad Livingston, Executive Director of TDCJ, or Ombudsman, etc. whomever I need it to go to, then I will mail it to my family members and have them email or fax a copy of the letter to whomeever I addressed. That way I get a chance to explain my problem myself. Thus far, it appears that Huntsville (headquarters for TDCJ) has investigated each complaint that I have sent in. I know that not everyone is able to do this, because not everyone has someone on the outside.

Here at the Clemens Unit, some of the problems that I have been working on are:

1. The state will not treat me for periodontal disease
2. The laundry department here will not give us clean clothes (uniforms) on the weekends, or on holidays. This time of year, we sweat through our uniform every time we go to the chow hall. After sweating in the same clothes for three days, they smell pretty bad. However, Capt. Teenha Walls would rather not let us have clean clothes, and save the state a few dollars.
3. There are not enough fans in the chow hall, or in the day room.
4. The maximum capacity for our day room is 64 people, but there is between 82 to 92 people in our section. So every time that we have lunch, supper, or church, or commissary, our day room is so over crowded that the rank will rack us up because people do not have anywhere to sit.
5. We have antique doors here that roll manually. People are always getting caught in the doors. People have lost limbs, because the state is too cheap to install the conversion kit simply because it is safer.
6. TDCJ staff is notorious for not giving us our engress and egress that policy says that we are supposed to get. The standard operating procedure here is to falsify state records.
7. The light fixture in my cell has not worked for three months, but maintenance will not fix it.
8. We are supposed to get rec three times a day, but we are lucky to get it once. Then most of the rec equipment is broken, but rank here will not fix it.
9. We are allowed to go to commissary once every two weeks and spend $95, but we are supposed to put all of our property in a two cubic foot locker. It is impossible to put $35 worth of commissary in that space, much less $95, and all of our other property. Insufficient storage space.
10. The other day two inmates got into a fight. They were put in lock-up, and the whole wing got locked down. The guys were fighting in the chow hall. Why did the wing get locked down? We didn’t have anything to do with it. The state uses blanket punishment to promote inmate on inmate conflict.
11. The rank here runs showers starting at about 5:45am. Then we are not allowed to shower after we go to rec.
12. In the chow hall our trays, cups and spoons are filthy with food residue from previous use.
13. We have officers that assault inmates then the rank covers it up.
14. When we get johnnies, we get two sandwiches. One of them has a tablespoon of some kind of meat. The other has a tablespoon of peanut butter and jelly mixed. That is not enough food for a grown adult.
15. By policy, we are supposed to get twenty minutes to eat, but the staff here barely gives us three minutes.

These are problems that I continue to write Brad Livingston about. Sometimes it takes a while to get something done, but you just have to keep on.

It has been a while since I’ve sent you anything due to all the time involved with fighting the Texa$ Legalized Mafia (Texa$ Department of Criminal (in)Justice) in Federal Court. But I’ve got to the point that I had to make a report on the advances I’ve made in our struggle.

1. I sent a letter (which a copy of is enclosed) to the Medical Practice Manager on my Unit who works for University of Texas Medical Board (UTMB). I was reimbursed $100 of the $400 I owed them. Upon his response I sent him another letter informing him that though I was thankful for that, it was not enough, I wanted it all back. The next day it was done. Enclosed is a copy of the first letter I sent to the UTMB Practice Manager. I only have one stamp right now, so I will send the rest of the paperwork when I get a chance.

2. My lawsuit against the Texas Board of Criminal Justice is going great. The Court shot down the Ass. Att. General Leah O’Leary’s Motion to Dismiss and her Supplemental Motion for Summary Judgment and gave me until September 9, 2016 to have all my Despositive Motions in. I’ve already done that and filed two complaints of Bad Faith on the Defendants’ part for attempting to defraud the Court on several occasions. I’ve asked for two separate sanctions ordered and for the Court to order a Default Judgment in my favor. It won’t be long and we will get the Revision to Board Policy-03.91 Correspondence Rules repealed.

My next 1983 Lawsuit in Federal Court against the Texas Board of Criminal (in)Justice is going to be over them violating our 14th Amendment right of equal protection under the law, which prohibits sexual/gender discrimination, due to their grooming standard policy. Women who are incarcerated in Texas can grow their hair as long as they want to, but men can’t have it very long at all. This is a gender-neutral act and the state is discriminating between the sexes/genders. I’ve already gotten my informal resolution back from Warden Butcher at Terrell Unit and filed my Step 1 grievance. When it comes back I will file my Step 2 and so on into Federal Court.

Once I finish that one I am going to file against them for slowly but surely denying us due process by removing the tools we need to fight against unconstitutional acts. First in September 2014 they hid the Offender Grievance Operations Manual, and now I read in your latest ULK that they banned the Jailhouse Lawyers Handbook.

It is unbelievable how people watched me struggle day in and day out every day with this fight, and started donating paper, pens, envelopes, and documentation to help me. Please send me everything you can on the ban on the Jailhouse Lawyers Handbook and the Offender Grievance Operations Manual. Right now I’m in Ad-Seg because I was given 5 bogus major cases and an illegal use of force. They didn’t use a chemical agent; they had it on hand but instead just beat me for 30 minutes on tape.

MIM(Prisons) responds: We commend this comrade on eir commitment to continuing eir lawsuits which benefit all prisoners in Texas, even though ey is facing persynal physical retaliation from prison staff.

We know that unfortunately the retaliation is more consistent than the victories. So while we support this comrade’s efforts at this stage in our struggle, we also know that legal action alone won’t put an end to the litany of abuses. What we ultimately need is to organize for self-determination of all oppressed peoples worldwide, including the internal semi-colonies within U.$. borders. Until we are free from Amerikkkan imperialism, we will always have a need for these lawsuits, and face even worse conditions. In the meantime, we organize, educate and try to carve out space for our survival.

Starlight, star bright
We the people
Learn to fight
Against the pigs
But that’s not all
Eventually imperialism will fall.
Who are we?
Maoist Ministries.
You can bark
But we won’t flee
Down with the pig and imperialist trash.

Comrades, the question at hand is also the very impediment to the so-called African-Amerikkkans’ right to determine our own destiny and experience true freedom. Ask anyone besides the so-called African-Amerikkkans what is their nationality and they will gladly tell you with great pride the national identity that they represent. This is possible because that is the nation of people that they identify with as sharing a common history, language, land, economic life and psychological make-up. It is the birthright of humans to understand their own national identity. Therefore, it is as well the birthright of so-called African-Amerikkkans to be free to determine our own nationality as well. Instead of the right wing of Amerikkkan white nationalism who are always oppressing us as a people, historically. “African-Amerikkkan” is a label Amerikkka placed on us to show the world that we are their lackeys.

Developing a national consciousness is the first step toward liberation. New Afrikan is a term that identifies and distinguishes us as a nation and people. Historically we have developed and share a collective language, culture, economic life and psychological make-up. This forged us into a new Afrikan people that is distinctly apart from Africans and all other people on the planet earth. Therefore we should reprimand usage of being called Black, Niggas, African-Amerikkkan, Negroes, etc. We are New Afrikans, we should embrace our own national identity because it’s our birthright as free men and women. “Settle your quarrels, come together, understand the reality of our situation. Understand that fascism is already here, that people are already dying who could be saved, that generations more will die or live poor butchered half-lives if you fail to act.” -Comrade George Jackson.

Protesting for reprieve against police brutality is not the answer for New Afrikans, Asians, Chicanos, and First Nations. Historically, New Afrikans have always struggled with the problem of pigs killing our children within the streets. Although within Amerikkka, Chicanos, and First Nations have experience just as much repression from the pigs. As New Afrikans we must understand that integrationism into Amerikkkan imperialism impedes our progress towards self-determination. At the same time cultural nationalism and national chauvinism serves to impede further our struggle towards self-determination. As Lenin said, “The weight of emphasis in the internationalist education of workers in the oppressing countries must necessarily consist in advocating and upholding freedom of secession for oppressed countries. Without this there can be no internationalism.”(1)

We must be able to discern authentic revolutionaries from those faking the funk. They fool our people into thinking that they are the revolutionary vanguard of the people, when clearly they are not for the people’s liberation. These perpetrators are always overlooking certain issues of oppression. Their lips stay zipped tight on issues of women being oppressed and on the struggle of oppressed nations.

We should present a mass organization, under revolutionary leadership towards the current struggle of pig brutality. Accept your own nationality and be yourself. By applying the United Front theory with revolutionary science will we overcome imperialism.

MIM(Prisons) responds: We have much agreement with this writer but a few notes to make in response to this essay. First, it is not unique to New Afrikans to identify with their oppressors. We have seen many Chican@s identify with whites. And within prison for instance some Chican@ lumpen organizations (LOs) will even ally with white supremacist groups.

We very much agree with this comrade’s call for revolutionary leadership. But we’re unsure what it means to call on people to “be yourself.” Perhaps within imperialist borders we would be better to call on people to not be themselves, or at least not be the people they have been trained to be from birth, and instead to rebel, and take up revolutionary science. Become a new and better person, fighting on the side of the world’s oppressed.

I would like a sworn complaint form. I would also like the Texas Activist Pack I need all the information I can get because on the William P. Clements Jr. unit they will not answer any grievances right and give us the runaround. The last issue I have received from y’all was the May/June 2016 issue, and I really appreciate the newspaper and information that is given to me. My address is below. The Unit Law Library does not make any copies of any kind for prisoners.

I have also wrote to TDCJ-office of the Inspector General Investigations Department and the U.S. Department of Justice for help also. I am in it to make a change in the prison where I am and help others.

There has been a lot of buzz recently about a report on private prisons released by the Office of the Inspector General (OIG) of the U.$. Department of Justice (DOJ), and the subsequent memo from the Attorney General announcing they will phase out the use of private prisons for federal detention.(1)

The petty-bourgeois anti-corporate capitalists who have been campaigning against private prisons for a long time are seeing this announcement as a result of their organizing work. And it’s possible that on some level the announcements are an effort by the DOJ to quell the slew of recent bad publicity.(2) Yet we disagree with these campaigners’ idea that capitalism is okay so long as the petty-bourgeoisie is allowed to compete. We disagree with their stance that prisons under capitalism function for the common good so long as the private corporations get out the way. We see more similarities between state-run and privately-operated facilities than we see differences.

The facilities that the DOJ is talking about closing house mostly non-citizens,(3) which raises questions for us as to what is the real intention or cause of this change, and what’s coming down the line for the enforcement of U.$. borders. We have no reason to believe this shift from the BOP has anything to do with more freedom or better treatment for non-citizens.

Capitalists follow money. In the 1980s, there was increased imprisonment rates and a need for more housing for prisoners, which state bureaucracy couldn’t build fast enough. So capitalists built prison facilities in order to get money from the state. They kept costs as low as possible and tried to keep capacity as full as possible. The cause and effect is basic math. Obviously when putting profits over people there are many inherent problems that will come up. Eventually, as the capitalists are accustomed to, their venture would need to change shape. It appears the time to change shape is imminent.

We don’t know what back-room deals broke down or were made that led to the report and memo. Did the DOJ just strike a better deal with a private busing company, to expedite the deportation of these migrants?(4) Was the pressure to change significantly more influential from the corrections officers unions, who are excluded from employment in private facilities?(5) Is it more closely related to a reduction in the federal prison population overall, and private prisons are just being used as a convenient scapegoat? “Increased prosecution of unlawful entry and re-entry” has been touted as a “hallmark of President Obama’s enforcement policies,” is the Democratic Party just trying to save face leading up to the next presidential election?(6) Is there something else that has yet to be uncovered, that helped expedite the decision? And as we imply above, maybe the capitalists have simply found a more profitable use for their facilities and are welcoming this change.(7) We seriously doubt the DOJ decided to phase out the use of private prisons on moral grounds.

There is something to be said about the difficulties in operating a prison with extremely bad conditions, whether private or publicly run. Oppression breeds resistance. Where we see riots in private prisons literally burn them to the ground and make them uninhabitable, we haven’t seen the same level of resistance in public facilities in a long time.(8) Commentators have cited common nationality as helpful in non-citizen prisoners organizing themselves (in contrast to the divided populations of most multi-national prisons in the United $tates). Also, being a migrant with more to gain than lose in resisting, responding to extreme oppression is natural and necessary.

The state has a long-term interest in balancing their ongoing oppression with some rewards for those who play along. We see this constantly in our organizing work: there are many abuses, and grievances are denied without grounds, but if the prisoners have TVs and nudie mags many are happy to go with the flow and not stir up any trouble. The private prison companies either haven’t mastered this delicate balance, or don’t care because their interests for profit are so short-term and immediate. When the cost-benefit analysis is no longer in their favor, they’ll just move on to a different industry where the profit margin is higher. The state’s long-term interest of social control of oppressed internal semi-colonies, however, can’t afford the same luxury.