The Real Cost of Prisons Weblog

Yesterday, Roberto Lovato of New American Media published ananalysis of millionaire Sensenbrenner's financial portfolio. He found "that the congressman has invested in companies that have directly hired or subcontracted with employers who hire undocumented workers" and "stands to benefit from investments in companies contracted by the federal government to provide services he has proposed as part of his immigration reform legislation."

And to make matters dirtier, the corporation in which Sensenbrenner has stock is none other than Halliburton:

Drawing especially strong criticism are the $86,500 in stocks Sensenbrenner holds in the construction and infrastructure colossus Halliburton. The Texas-based giant has been the subject of Senate hearings into its labor practices in the Gulf Coast following Hurricane Katrina. News reports and several panelists at Senate hearings have stated that Halliburton used subcontractors hiring hundreds, perhaps thousands of undocumented workers as part of no-bid federal contracts to cleanup Belle Chasse Naval base and other military facilities in the devastated region. Halliburton has also secured a $385 million Department of Homeland Security contract to build gigantic immigrant detention centers near the U.S.-Mexico border and stands to secure further contracts from proposals to reopen closed military bases to house deportees and detainees.

Halliburton has also been mentioned as one of the main contractors to build increased security infrastructure, security roads and improved employment verification systems at ports of entry.

Sensenbrenner owns more than $563,536 in General Electric stocks. GE's Security Unit has been a Pentagon subcontractor, providing video surveillance and other electronic security systems at the border. and contributed to Sensenbrenner through its employee PAC. Boeing, which recently secured a $2.5 billion contract order to install sensors, radar and cameras along the U.S. borders, is among the top contributors to Sensenbrenner's PAC.

Even though Sensenbrenner has recently criticized companies that profit undocumented labor, according to Lovato's report, he's making a wad of dough from companies that do just that:

Other investments raising flags in Milwaukee include the $44,179 in shares Sensenbrenner holds in Darden Restaurants Inc. Darden operates chains like The Olive Garden and Red Lobster, which have been reported to employ undocumented workers.

Lovato interviews a cook at a Red Lobster restaurant in the Milwaukee suburb of Wauwatosa in Sensenbrenner's district:

[Jose] was unaware that he was working for a company that made the Congressman that proposed "el Muro" (the wall) richer. "I don't have papers and had to cross the border from Mexico," Jose said. "Is he schizophrenic? Does he like our work and hate us?"

get-tough approach

Sensenbrenner Introduces Immigration Reform Bill
Dec 6, 2005 - U.S. Newswire
http://www.romingerlegal.com/newsviewer.php?ppa=8oplo_%5BfhkpvrpWSjhw11rbfek%5C!

WASHINGTON, Dec. 6 /U.S. Newswire/ -- House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-Wis.) today introduced legislation that aims to prevent illegal immigration by addressing the hiring of illegal immigrants and gaining control of our borders. H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005, aims to reestablish respect for immigration laws and to hold people accountable by cracking down on employers hiring illegal workers, smugglers trafficking in human beings as well as confronting the emerging problem of alien gangs. H.R. 4437 also incorporates the border security legislation approved by the Homeland Security Committee last month, H.R.

4312. H.R. 4437 will be considered Thursday by the House Judiciary Committee with House consideration expected next week.

Chairman Sensenbrenner said, "It's my hope this legislative effort will not only help regain control of our borders and prevent illegal immigration, but will also help strengthen and promote our compassionate and welcoming legal immigration system. Everyone recognizes our current immigration system is broken, plagued by insufficient immigration enforcement and border security resources, and a wholesale disregard for our immigration laws."

"Fixing these enormous problems will require a comprehensive effort addressing alien removal, worksite enforcement, the hiring of illegal workers, border security and interior immigration enforcement as well as ensuring America's labor needs are met. This legislation, crafted in consultation with the House Leadership, the Homeland Security Committee, and the Bush Administration, addresses many of these key issues. I anticipate this legislation will serve as a solid legislative foundation for tackling problems with our immigration system," added Chairman Sensenbrenner.

The text of H.R. 4437 is available at http://judiciar y.house.gov/media/pdfs/SENSEN_104_XML.pdf . A section by section summary is available at http:// judiciary.house.gov/media/pdfs/immbillsection.pdf . Information on the Homeland Security Committee's provisions from H.R. 4312 can be found at http://homeland.house.gov/files/B order percent20Bill percent20Post-Markup111705.pdf .

Some Highlights of H.R. 4437 (excluding Homeland Security Committee provisions from H.R. 4312):

-- Combat Hiring of Illegal Workers - Institutes an employment eligibility verification system in which employers will check the Social Security numbers and alien identification numbers provided by employees against Social Security Administration and Department of Homeland Security (DHS) records in order to weed out fraudulent numbers and ensure that their employees are not working in the U.S. illegally. Modifies provisions from H.R. 19 introduced by Rep. Ken Calvert (R-Calif.) by building upon a voluntary pilot program currently in use. Increases civil and criminal penalties for knowingly hiring or employing an illegal worker.

-- Increase Penalties for Alien Smuggling - Under current law, individuals convicted of alien smuggling crimes often receive lenient sentences. These provisions would greatly increase criminal penalties for alien smuggling by establishing mandatory minimum sentences, among other things. These provisions were recommended by a panel of border-area U.S. Attorneys to make it easier to deport smugglers and illegal entrants.

-- Crackdown on Alien Gang Members - This provision incorporates H.R. 2933, introduced by Rep. Randy Forbes (R-Va.). This provision would render alien street gang members inadmissible and deportable, and authorize the Attorney General to designate groups or associations as criminal street gangs if they meet certain criteria. Also mandates the detention of alien street gang members and bars alien gang members from receiving humanitarian benefits.

-- Increase Penalties for Aliens Reentering Illegally - Incorporates H.R. 3150, introduced by Rep. Darrell Issa (R- Calif.) that would stiffen penalties, including establishing mandatory minimum sentences, for aliens who reenter the United States after having been removed.

-- Aggravated Felony Provisions - The provisions would make aggravated felons inadmissible and would bar refugees and asylees with aggravated felony convictions from receiving green cards.

-- Cooperation between Border Sheriffs and Federal Law Enforcement - Based upon Rep. Culberson's (R-Tex.) "Border Law Enforcement Act of 2005" (H.R. 4360), authorizes and reimburses local sheriffs in the 29 counties along the southern border to enforce the immigration laws if authorized under a separate written agreement pursuant to section 287(g) of the Immigration and Nationality Act (INA), and to transfer illegal aliens to federal custody. It also specifically reimburses those Sheriffs for costs associated with detaining illegal aliens whom they arrest until they are able to hand them over to federal authorities.

This provision deems aliens in Sheriffs' custody to be in federal custody once determined to be in an unlawful status.

-- Increasing DHS Authority for Long-Term Detention - The U.S. Supreme Court has limited DHS's ability to detain dangerous aliens with decisions that have forced hundreds of dangerous aliens, such as murderers, to be released into American communities. One alien released because of these Court decisions later shot a state trooper in the head. This change would amend the INA to allow for continued detention of aliens who pose a threat to Americans.

-- Renewing DHS Authority to Use Reinstatement of Removal Process - In Morales-Izquierdo v. Ashcroft, the Ninth Circuit recently invalidated DHS reinstatement of removal regulations, which allows DHS to remove an alien previously deported by simply reinstating the alien's prior order of removal. The House Judiciary Committee has been told that this procedure was used in some 90,000 cases last year, and the Ninth Circuit's decision affects 40 percent of removals in the Ninth Circuit. This amendment to the INA would clarify DHS's authority to reinstate orders.

-- Barring Terrorist Aliens from Naturalization - This provision bars aliens who are terrorists or security risks from becoming U.S. citizens.

-- Deportation for DUI - Render multiple DUI offenses a deportable offense for aliens.

http://www.usnewswire.com

New Report

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Pit Bull

‘Pit Bull’ of the House Latches On to Immigration
By MARK LEIBOVICH
July 11, 2006
http://www.nytimes.com/2006/07/11/washington/11sensenbrenner.html?ei=5088&en=7ea255238c20f4fd&ex=1310270400&partner=rssnyt&emc=rss&pagewanted=print

WASHINGTON, July 10 — Representative F. James Sensenbrenner Jr. has no tolerance for illegal immigrants, either in his political life or personal life.

“My housekeeper in Wisconsin was born in Wisconsin,” says Mr. Sensenbrenner, the Republican congressman and chairman of the House Judiciary Committee. “My housekeeper here is a naturalized U.S. citizen from Nicaragua.”

Mr. Sensenbrenner is so loath to risk dealing with illegal immigrants that when his Cadillacs need cleaning, he prefers do-it-yourself car washes that require tokens. “They don’t have Montezuma’s picture on the front of them,” Mr. Sensenbrenner says of the tokens.

He is sitting in his Capitol Hill office dominated by two life-size portraits of himself. He looms heavily here, as he does in the thick of the national debate over immigration in which he has defied President Bush’s plans for reform and arguably holds more sway than anyone else in Congress. A bipartisan irritant from a state nowhere near the Mexican border, he has outsize influence on the fate of the country’s estimated 11 million illegal immigrants.

In each portrait in his office, Mr. Sensenbrenner appears regal and contented — in contrast to the rumpled and fed-up image he conveys in real life. He is commonly described as “prickly,” “cantankerous” and “unpleasant.” And this is by his friends.

“I would describe Jim as — what’s a nice word — how about ‘idiosyncratic’?” says Representative Dan Lungren, a California Republican on the Judiciary Committee.

Mr. Lungren equates Mr. Sensenbrenner’s leadership to something the Green Bay Packer guard Jerry Kramer said about his coach Vince Lombardi. “He treats us all equally,” Mr. Lungren says of Mr. Sensenbrenner. “He treats us all like dogs.”

Mr. Sensenbrenner, 63, can be neutrally described as a Washington piece of work — a big-bellied curmudgeon with a taste for old Caddies, pontoon boats and enormous cigars. He is equally at home discussing policy minutiae or the details of his Dalmatian’s recent intestinal problems. His honking voice and Upper Midwestern enunciations make him one of the most mimicked politicians on Capitol Hill. (“Noooo interviews in the hallway” is a familiar refrain as he blows past reporters.)

One could dismiss him as something of a cartoon, except that Mr. Sensenbrenner has been a feared and vital character in some defining political dramas, like the Clinton impeachment, the passage of the USA Patriot Act and the current legislative donnybrook over immigration, an issue that he calls his toughest in nearly four decades of public life.

He has approached the matter with characteristic stubbornness, righteousness and, of course, brusqueness. He delights in placing himself above the chummy niceties of Washington. (On the subject of his crotchety nature, he smiles big and becomes almost giddy — most unSensenbrenner-like.)

His conservative populism and maverick tendencies play well in a state that has elected political outliers including Senators Joseph R. McCarthy and William Proxmire. They also suit the solidly Republican district outside Milwaukee that first elected Mr. Sensenbrenner in 1978.

But he does not always suit the House Republican leadership, many Senate Republicans and the Bush White House. He has been the chief promoter of the House’s “enforcement first” approach to immigration overhaul, emphasizing border security, criminal penalties for illegal immigrants and sanctions against employers who hire them. The president and the Senate have favored a package that offers illegal immigrants a path to citizenship.

In recent weeks, Mr. Sensenbrenner has refused to yield on anything, derided what he calls the “amnesty” of the Senate bill and warned that he is willing to walk away without a compromise. He says his views have been influenced by the flood of immigration-related cases coming through his office and what he sees as the failure of previous immigration reform efforts he has worked on.

He is known as one of the toughest negotiators in Congress, which invites another canine metaphor from a colleague. “Sensenbrenner is a pit bull,” says Representative Ric Keller, a Florida Republican on the Judiciary Committee. “And the Senate negotiators he’s up against are wearing Milk-Bone underwear.”

During a 50-minute interview that feels, at times, like a lecture, Mr. Sensenbrenner says:

¶“You have to be prickly to prod people into accomplishing something.”

¶“I’ve adopted a philosophy of telling it like it is.”

¶“I’ve been referred to ... as a difficult child.”

¶“If you go along to get along, you don’t get anything accomplished.”

For as much as Mr. Sensenbrenner decries the impulse to “go along to get along,” he also pays close attention to what is said about him. This is underscored by how wary colleagues are of speaking on the record about him.

Representative Lamar Smith, a Texas Republican who has been mentioned as a possible successor as Judiciary Committee chairman, said he would gladly talk about Mr. Sensenbrenner. But later, a spokeswoman for Mr. Smith called to demur, saying, “It’s not the right time for us to comment.”

To a surprising degree, Democrats on the committee praise Mr. Sensenbrenner for his fairness, efficiency and willingness to heed the concerns of the minority party. He has also been lauded for spearheading an extension of the Voting Rights Act.

“The House leadership has relied on me to do some very difficult jobs over the years,” says Mr. Sensenbrenner, who served as a House manager during President Bill Clinton’s impeachment trial and whose six-year stint heading the Judiciary Committee will end in January.

He clearly enjoys being a high-profile committee chairman — even his wife of 29 years, Cheryl, calls him Mr. Chairman (“but only when she’s mad at me,” he says).

He is easily annoyed when his authority is disregarded. Senator John McCain, Republican of Arizona, for instance, recently promoted a compromise immigration plan that would have focused on enforcement and border security first, then carry out the more contentious changes. Asked about the McCain proposal, Mr. Sensenbrenner stares blankly and flips his hand dismissively.

“McCain has not called me to propose that,” he says, even though the notion had been widely discussed on Capitol Hill. It is as if no such possibility could exist until the House chairman was personally informed of it.

Mr. Sensenbrenner goes on to say that he has no relationship with Mr. McCain, with whom he served two terms in the House in the 1980’s. “There’s some senators who come back from whence they came, and McCain is not one of them,” Mr. Sensenbrenner says. ‘‘When he left, we never saw him again.’’

“I deal with Specter,” he adds, referring to Arlen Specter of Pennsylvania, chairman of the Senate Judiciary Committee.

When asked what it is like to negotiate with Mr. Sensenbrenner, Mr. Specter pauses for several seconds. Then he says, “He is a lot more cordial in person than his reputation.”

Mr. Sensenbrenner projects the self-assurance of a lucky man. He reaped a fortune from a great-grandfather who invented the Kotex sanitary napkin. He won $250,000 in 1997 on a lottery ticket he purchased while buying beer. He lists assets of almost $11 million, according to public filings.

Mr. Sensenbrenner was born in Chicago, graduated from Stanford University and, while at college, worked as an aide to a Republican congressman. After earning a law degree, he began an uninterrupted political career that started in the Wisconsin Assembly and landed him in the United States House of Representatives at age 35.

Not given to navel gazing, he prefers, he says, to spend time on his pontoon boat on a Wisconsin lake, smoking behemoth cigars imported from Honduras or the Dominican Republic. The family Dalmatian, Solomon — also known as Stinky — comes along, too.

Mr. Sensenbrenner concludes with an aside about Stinky — specifically, the case of giardia that the dog picked up a few weeks ago, which requires Mr. Sensenbrenner to force-feed Stinky four pills a day. This is not easy.

But the chairman says he picked up a strategy from a guy he met in the beer tent of a church festival. He places the pills in the dog’s throat, and blows in his face. Stinky then swallows them. “I’d never tried that before, blowing in a dog’s face,” Mr. Sensenbrenner marvels.

He has never tried it with a senator, either. “I have given them pills that don’t taste very good,” he says. “I’ve done that.”

Analysis

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no-bid federal contracts to cleanup Belle Chasse Naval base and other military facilities in the devastated region.

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Gulf Coast slaves

Halliburton and its subcontractors hired hundreds of undocumented Latino workers to clean up after Katrina -- only to mistreat them and throw them out without pay.

By Roberto Lovato
http://dir.salon.com/story/news/feature/2005/11/15/halliburton_katrina/index.html

November 15, 2005 | Arnulfo Martinez recalls seeing lots of hombres del ejercito standing at attention. Though he was living on the Belle Chasse Naval Base near New Orleans when President Bush spoke there on Oct. 11, he didn't understand anything the ruddy man in the rolled-up sleeves was saying to the troops.

Martinez, 16, speaks no English; his mother tongue is Zapotec. He had left the cornfields of Oaxaca, Mexico, four weeks earlier for the promise that he would make $8 an hour, plus room and board, while working for a subcontractor of KBR, a wholly owned subsidiary of Halliburton that was awarded a major contract by the Bush administration for disaster relief work. The job was helping to clean up a Gulf Coast naval base in the region devastated by Hurricane Katrina. "I was cleaning up the base, picking up branches and doing other work," Martinez said, speaking to me in broken Spanish.

Even if the Oaxacan teenager had understood Bush when he urged Americans that day to "help somebody find shelter or help somebody find food," he couldn't have known that he'd soon need similar help himself. But three weeks after arriving at the naval base from Texas, Martinez's boss, Karen Tovar, a job broker from North Carolina who hired workers for a KBR subcontractor called United Disaster Relief, booted him from the base and left him homeless, hungry and without money.

"They gave us two meals a day and sometimes only one," Martinez said.

He says that Tovar "kicked us off the base," forcing him and other cleanup workers -- many of them Mexican and undocumented -- to sleep on the streets of New Orleans. According to Martinez, they were not paid for three weeks of work. An immigrant rights group recently filed complaints with the Department of Labor on behalf of Martinez and 73 other workers allegedly owed more than $56,000 by Tovar. Tovar claims that she let the workers go because she was not paid by her own bosses at United Disaster Relief. In turn, UDR manager Zachary Johnson, who declined to be interviewed for this story, told the Washington Post on Nov. 4 that his company had not been paid by KBR for two months.

Wherever the buck may stop along the chain of subcontractors, Martinez is stuck at the short end of it -- and his situation is typical among many workers hired by subcontractors of KBR (formerly known as Kellogg Brown & Root) to clean and rebuild Belle Chasse and other Gulf Coast military bases. Immigrants rights groups and activists like Bill Chandler, president of the Mississippi Immigrant Rights Alliance, estimate that hundreds of undocumented workers are on the Gulf Coast military bases, a claim that the military and Halliburton/KBR deny -- even after the Immigration and Customs Enforcement agency turned up undocumented workers in a raid of the Belle Chasse facility last month. Visits to the naval bases and dozens of interviews by Salon confirm that undocumented workers are in the facilities. Still, tracing the line from unpaid undocumented workers to their multibillion-dollar employers is a daunting task. A shadowy labyrinth of contractors, subcontractors and job brokers, overseen by no single agency, have created a no man's land where nobody seems to be accountable for the hiring -- and abuse -- of these workers.

Right after Katrina barreled through the Gulf Coast, the Bush administration relaxed labor standards, creating conditions for rampant abuse, according to union leaders and civil rights advocates. Bush suspended the Davis-Bacon Act, which requires employers to pay "prevailing wages" for labor used to fulfill government contracts. The administration also waived the requirement for contractors rebuilding the Gulf Coast to provide valid I-9 employment eligibility forms completed by their workers. These moves allowed Halliburton/KBR and its subcontractors to hire undocumented workers and pay them meager wages (regardless of what wages the workers may have otherwise been promised). The two policies have recently been reversed in the face of sharp political pressure: Bush reinstated the Davis-Bacon Act on Nov. 3, while the Department of Homeland Security reinstated the I-9 requirements in late October, noting that it would once again "exercise prosecutorial discretion" of employers in violation "on a case-by-case basis." But critics say Bush's policies have already allowed extensive profiteering beneath layers of legal and political cover.

Halliburton/KBR, which enjoys an array of federal contracts in the United States, Iraq and Guantánamo Bay, Cuba, has long drawn criticism for its proximity to Vice President Dick Cheney, formerly Halliburton's CEO. Halliburton/KBR spokesperson Melissa Norcross declined to respond directly to allegations about undocumented workers in the Gulf. "In performing work for the U.S. government, KBR uses its government-approved procurement system to source and retain qualified subcontractors," she said in an e-mail. "KBR's subcontractors are required to comply with all applicable labor laws and provisions when performing this work."

Victoria Cintra is the Gulf Coast outreach organizer for Mississippi Immigrant Rights Alliance, which recently partnered with relief agency Oxfam America to help immigrant workers displaced by Katrina. She says KBR is exposing undocumented workers like Martinez to unethical and illegal treatment, even though they are supposed to be paid with federal Katrina-recovery dollars to clean and rebuild high-security facilities like the one President Bush recently visited. Cintra is one of several people fighting to recover the wages owed the workers: She drives her beat-up, chocolate-colored car across the swamps, damaged roads and broken bridges of the Gulf Coast to track down contractors and subcontractors. With yellow legal pad in hand, she and other advocates document abuses taking place at Belle Chasse, the Naval Construction Battalion Center at the Seabee naval base in Gulfport, Miss., and other military installations.

I was with Cintra when she received phone calls from several Latino workers who complained they were denied, under threat of deportation, the right to leave the base at Belle Chasse. Cintra also took me along on visits to squalid trailer parks -- like the one at Arlington Heights in Gulfport -- where up to 19 unpaid, unfed and undocumented KBR site workers inhabited a single trailer for $70 per person, per week. Workers there and on the bases complained of suffering from diarrhea, sprained ankles, cuts and bruises, and other injuries sustained on the KBR sites -- where they received no medical assistance, despite being close to medical facilities on the same bases they were cleaning and helping rebuild.

Cintra and other critics say there's been no accountability from the corporate leaders who signed on the dotted line when they were awarded multimillion-dollar Department of Defense contracts. "The workers may be hired by the subcontractors," Cintra says, "but KBR is ultimately responsible."

"Latino workers are being invited to New Orleans and the South without the proper conditions to protect them," adds Cintra, who recently provided tents to Martinez and several other unpaid Mexican workers who fled Belle Chasse for Gulfport after being dismissed by Tovar. Cintra, a Cuban exile and born-again Christian, has since seen a small tent city of homeless immigrants spring up in the yard of her church, Pass Road Baptist, in Gulfport. "This is evil on top of evil on top of evil," she says. "The Bush administration and Halliburton have opened up a Pandora's box that's not going to close now."

Halliburton/KBR is the general contractor with overarching responsibility for the federal cleanup contracts covering Katrina-damaged naval bases. Even so, there is an utter lack of transparency with the process -- and that invites malfeasance, says James Hale, a vice president of the Laborers' International Union of North America. "To my knowledge, not one member of Congress has been able to get their hands on a copy of a contract that was handed out to Halliburton or others," Hale says. "There is no central registry of Katrina contracts available. No data on the jobs or scope of the work." Hale says that his union's legislative staff has pressed members of Congress for more information; apparently the legislators were told that they could not get copies of the contracts because of "national security" concerns.

"If the contracts handed out to these primary contractors are opaque, then the contracts being let to the subcontractors are just plain invisible," Hale says. "There is simply no ability to ascertain or monitor the contractor-subcontractor relationships. This is an open invitation for exploitation, fraud and abuse."

Congress has heard a number of complaints recently about Halliburton/KBR's hiring practices, including the alleged exploitation of Filipino, Sri Lankan, Nepalese and other immigrant workers paid low wages on military installations in Iraq. And KBR subcontractor BE&K was a focus of Senate hearings in October, for the firing of 75 local Belle Chasse workers who said that they were replaced by "unskilled, out-of-state, out-of-country" workers earning $8 to $14 for work that typically paid $22 an hour.

Sen. Mary Landrieu, D-La., who has been an outspoken critic of the use of undocumented workers at Belle Chasse and on other Katrina cleanup jobs, said in a recent statement, "It is a downright shame that any contractor would use this tragedy as an opportunity to line its pockets by breaking the law and hiring a low-skilled, low-wage and undocumented work force."

Sen. Carl Levin, D-Mich., is also against the practice, citing its "serious social ramifications." As he told Salon, it devastates "local workers who have been hit twice, because they lost their homes."

Seventeen-year-old Simitrio Martinez (no relation to Arnulfo) is another one of the dozens of workers originally hired by Tovar, the North Carolina job broker working under KBR. "They were going to pay seven dollars an hour, and the food was going to be free, and rent, but they gave us nothing," says the thin Zapotec teenager. Simitrio spent nearly a month at the Seabee base. "They weren't feeding us. We ate cookies for five days. Cookies, nothing else," he says.

Simitrio, his co-workers, and the dozens of KBR subcontractors that employ them operate under public-private agreements like federal Task Order 0017, which defines the scope of work to be fulfilled under the contracts. Under the multimillion-dollar Department of Defense contract, KBR is supposed to provide services for "Hurricane Katrina stabilization and recovery at Naval Air Station Pascagoula, Naval Air Station Gulfport, Stennis Space Center and other Navy installations in the Southeast Region," according to a Defense Department press release.

But the details of the agreements remain murky. "Not only is it very difficult to see the actual signed DoD contracts, but it is nearly impossible to see the actual task orders, which assign the goods or services the government is buying," says Scott Amey, general counsel for the Project on Government Oversight in Washington. The military can ask for goods and services on an as-needed basis, he says, which means that the contracts, which add up to tens of millions of dollars, can remain open ended. According to DoD press statements, the contracts call for considerable manual labor, including "re-roofing of most buildings, barracks, debris removal from the entire base, water mitigation, mold mitigation, interior and exterior repairs to most buildings, waste treatment plants, and all incidental related work."

Simitrio and any other workers on the high-security military bases must get permission before entering the guarded gates, where they get patted down by M-16-wielding military police. Responsibility for getting private-sector construction and cleanup workers on the bases rests with the general contractor -- in KBR's case, security chief Kevin Flynn. One of Flynn's responsibilities is to negotiate passes and entry for KBR subcontractors -- and their hires -- to do the work stipulated by the task order.

Yet, following several complaints by Landrieu, and just a few days after President Bush visited the Belle Chasse base, agents from the Immigration and Customs Enforcement agency raided the facility and detained 10 workers who ICE spokeswoman Jamie Zuieback said had "questionable" documentation.

Representatives of Halliburton/KBR do not acknowledge the existence of undocumented workers providing labor for their operations on the Gulf Coast bases. Flynn suggested speaking to the U.S. military, who he said "has real strict control" and would know whether there were undocumented workers. "We have workers from all ethnic groups on the base," Flynn said. "To the best of my knowledge, there are no undocumented workers."

Steve Romano, head of housing on the Belle Chasse base, said, "We have no relationship with [KBR] at all. I have no idea what that's about." A similar response was given by an official at the base's health facility when asked about undocumented workers who complained about health issues and injuries sustained on the KBR sites. The only military person to acknowledge seeing Latino workers was a watch commander who greeted me at an entry to the base. The commander estimated there were 100 such workers there. Meanwhile, representatives with the Mississippi Immigrant Rights Alliance say they received calls from undocumented workers at Belle Chasse who estimated there were more than 500, or "about eight busloads" of immigrant workers on-site.

Texas-based DRS Cosmotech is another subcontractor that provided cleanup crews to Halliburton/KBR in the Gulf. Roy Lee Donaldson, CEO of the company, refused to respond to accusations of non-payment and exploitation leveled at his company by several workers, including 55-year-old Felipe Reyes of Linares, Nuevo Leon, Mexico. (Donaldson hung up the phone when I identified myself as a reporter.)

"Mr. Donaldson promised us we'd live in a hotel or a house. We lived in tents and only had hot water that smelled like petroleum," Reyes said. The city of Belle Chasse has been identified in recent years as one of the most toxically polluted areas in the entire region, with several major energy companies operating there. A wide range of advocacy groups have warned about serious health risks facing Katrina cleanup workers.

"They didn't want to pay us for two weeks of work. So we stopped working. We started a huelga [strike] on the base" added Reyes, who along with other workers, says he was later paid $1,100 -- only part of what he says he was owed.

Another KBR subcontractor, Alabama-based BE&K, says it is not responsible for keeping track of the workers. BE&K spokesperson Susan Wasley said, "I can't say that we require our subcontractors' employees to produce documentation for us, because that's what our subcontractor as employer has to do. That's his responsibility."

At the bottom of the KBR subcontracting pyramid are job brokers like Tovar and Gregorio Gonzalez, who helped hire laborers for Florida-based On Site Services, another subcontractor that reportedly failed to pay wages owed to workers in the Gulf Coast. The job brokers find workers by placing ads in Spanish-language newspapers like La Subasta and El Dia in Houston; the ads typically promise room, board and pay in the range of $1,200 a week. Job brokers also run television ads on Spanish-language stations like Univision. And they attend job fairs in places like Fresno, Calif.

Not all subcontractors refuse to discuss their links to KBR. Luis Sevilla is pretty open about it if you can get to the crowded hangar on the restricted premises of the Seabee naval base where he and his crew sleep and work. Sevilla put together crews for KBR subcontractors to remove asbestos and do other construction work; his workers told me they are paid and treated well. Asked about the people who own the R.V. with a "KBR" logo outside the hangar where his workers crowd into small tents, Sevilla says, "They contract with many, many companies." Interviews with members of Sevilla's crew revealed a number of undocumented workers.

Despite the evidence of undocumented workers cleaning up after Katrina, Halliburton/KBR maintains that it runs its operations within the bounds of the law. "KBR operates under a rigorous Code of Business Conduct that outlines legal and ethical behaviors that all employees and subcontractors are expected to follow in every aspect of their work," spokesperson Norcross said by e-mail. (She did not respond to several requests for a phone interview.) "We do not tolerate any exceptions to this Code at any level of our company."

Standing in spitting distance of the KBR-branded R.V., which is parked as if it were guarding the hangar, Jose Ruiz of Nicaragua knows that his role in the Katrina cleanup is anonymous at best. "I don't have any papers, kind of like in that song by Sting -- 'I'm an illegal alien,'" says Ruiz, who lived in the United States for many years before arriving to work for Sevilla at the Seabee base. "That's the way it is."

$385 million Department of Homeland Security contract

Homeland Security Contracts for Vast New Detention Camps
New America Media, News Analysis/Commentary, Peter Dale Scott, Feb 08, 2006
http://news.newamericamedia.org/news/view_article.html?article_id=eed74d9d44c30493706fe03f4c9b3a77

Editor's Note: A little-known $385 million contract for Halliburton subsidiary KBR to build detention facilities for "an emergency influx of immigrants" is another step down the Bush administration's road toward martial law, the writer says.

BERKELEY, Calif.--A Halliburton subsidiary has just received a $385 million contract from the Department of Homeland Security to provide "temporary detention and processing capabilities."

The contract -- announced Jan. 24 by the engineering and construction firm KBR -- calls for preparing for "an emergency influx of immigrants, or to support the rapid development of new programs" in the event of other emergencies, such as "a natural disaster." The release offered no details about where Halliburton was to build these facilities, or when.

To date, some newspapers have worried that open-ended provisions in the contract could lead to cost overruns, such as have occurred with KBR in Iraq. A Homeland Security spokesperson has responded that this is a "contingency contract" and that conceivably no centers might be built. But almost no paper so far has discussed the possibility that detention centers could be used to detain American citizens if the Bush administration were to declare martial law.

For those who follow covert government operations abroad and at home, the contract evoked ominous memories of Oliver North's controversial Rex-84 "readiness exercise" in 1984. This called for the Federal Emergency Management Agency (FEMA) to round up and detain 400,000 imaginary "refugees," in the context of "uncontrolled population movements" over the Mexican border into the United States. North's activities raised civil liberties concerns in both Congress and the Justice Department. The concerns persist.

"Almost certainly this is preparation for a roundup after the next 9/11 for Mid-Easterners, Muslims and possibly dissenters," says Daniel Ellsberg, a former military analyst who in 1971 released the Pentagon Papers, the U.S. military's account of its activities in Vietnam. "They've already done this on a smaller scale, with the 'special registration' detentions of immigrant men from Muslim countries, and with Guantanamo."

Plans for detention facilities or camps have a long history, going back to fears in the 1970s of a national uprising by black militants. As Alonzo Chardy reported in the Miami Herald on July 5, 1987, an executive order for continuity of government (COG) had been drafted in 1982 by FEMA head Louis Giuffrida. The order called for "suspension of the Constitution" and "declaration of martial law." The martial law portions of the plan were outlined in a memo by Giuffrida's deputy, John Brinkerhoff.

In 1985, President Reagan signed National Security Decision Directive 188, one of a series of directives that authorized continued planning for COG by a private parallel government.

Two books, James Mann's "Rise of the Vulcans" and James Bamford's "A Pretext for War," have revealed that in the 1980s this parallel structure, operating outside normal government channels, included the then-head of G. D. Searle and Co., Donald Rumsfeld, and then-Congressman from Wyoming Dick Cheney.

After 9/11, new martial law plans began to surface similar to those of FEMA in the 1980s. In January 2002 the Pentagon submitted a proposal for deploying troops on American streets. One month later John Brinkerhoff, the author of the 1982 FEMA memo, published an article arguing for the legality of using U.S. troops for purposes of domestic security.

Then in April 2002, Defense Dept. officials implemented a plan for domestic U.S. military operations by creating a new U.S. Northern Command (CINC-NORTHCOM) for the continental United States. Defense Secretary Donald Rumsfeld called this "the most sweeping set of changes since the unified command system was set up in 1946."

The NORTHCOM commander, Defense Secretary Donald Rumsfeld announced, is responsible for "homeland defense and also serves as head of the North American Aerospace Defense Command (NORAD).... He will command U.S. forces that operate within the United States in support of civil authorities. The command will provide civil support not only in response to attacks, but for natural disasters."

John Brinkerhoff later commented on PBS that, "The United States itself is now for the first time since the War of 1812 a theater of war. That means that we should apply, in my view, the same kind of command structure in the United States that we apply in other theaters of war."

Then in response to Hurricane Katrina in Sept. 2005, according to the Washington Post, White House senior adviser Karl Rove told the governor of Louisiana, Kathleen Babineaux Blanco, that she should explore legal options to impose martial law "or as close as we can get." The White House tried vigorously, but ultimately failed, to compel Gov. Blanco to yield control of the state National Guard.

Also in September, NORTHCOM conducted its highly classified Granite Shadow exercise in Washington. As William Arkin reported in the Washington Post, "Granite Shadow is yet another new Top Secret and compartmented operation related to the military's extra-legal powers regarding weapons of mass destruction. It allows for emergency military operations in the United States without civilian supervision or control."

It is clear that the Bush administration is thinking seriously about martial law.
Many critics have alleged that FEMA's spectacular failure to respond to Katrina followed from a deliberate White House policy: of paring back FEMA, and instead strengthening the military for responses to disasters.

A multimillion program for detention facilities will greatly increase NORTHCOM's ability to respond to any domestic disorders.

Scott is author of "Drugs, Oil, and War: The United States in Afghanistan, Colombia, and Indochina" (Rowman & Littlefield, 2003). He is completing a book on "The Road to 9/11." Visit his Web site .