Who Does It Better? Comparing Immigration Detention Facility Performance in an Intergovernmental and Intersectoral Context

Contracting for prison services has been a topic of discussion for decades. Absent from this discussion is the relationship between contracting for immigration detention and confinement quality, a topic that has gained relevance as the detained immigrant population recently surpassed 440,000 per year. Detaining immigrants presents unique challenges because of detainee characteristics, the performance standards governing facilities, and the intersectoral and intergovernmental arrangements used to manage detention facilities. This research conducts the first-known large-N study that evaluates the confinement quality of U.S. Immigration and Customs Enforcement's detention facilities to determine the effect, if any, of contracting on performance. The findings suggest that all detention facilities have deficiencies that threaten the well-being of detained immigrants, but, broadly, privately contracted detention facility environments are less safe and secure than their public counterparts. The authors use contracting theory to explain why this performance disparity might exist and conclude with a discussion of the practical implications of this research.