Joe Biden’s promise to end the federal use of private prisons during his presidency fell short, as data reveals an increase in the number of people in private prisons under ICE contracts. Despite ending Bureau of Prison contracts with private prisons, Biden’s exemption of ICE allowed their expanded use. This decision paved the way for Trump to quickly increase private prison utilization for holding undocumented immigrants.

Private prison companies like Geo Group and CoreCivic saw significant stock price jumps, anticipating profits from the expansion of private prison capacity. These companies are facing lawsuits and investigations over allegations of poor conditions and mistreatment of detainees.

The shift in federal contracting to immigration detention resulted in a rise in the number of immigrants detained in private prisons, while federal inmate numbers in private prisons decreased. Private prisons now hold nearly 90% of immigrant detainees, mirroring figures from the end of Trump’s first term.

The expansion of private prisons by ICE, especially under the new administration, is seen as a costly yet relatively easy approach to immigration enforcement. The potential increase in detention capacity through the Laken Riley Act could offer a substantial windfall to the private prison industry, raising concerns about profits outweighing humane treatment and oversight.