Eliminating Privately Operated Criminal Detention Facilities

January 26, 2021

Executive Order 14006 directed the Attorney General not to renew DOJ contracts with privately operated criminal detention facilities, citing concerns that private operators prioritize profits over safety, rehabilitation, and humane conditions. The order fell within the executive's procurement authority and did not require new legislation. However, it notably excluded immigration detention facilities operated by DHS, where the majority of private detention occurs. Constitutional questions centered on whether the executive can effectively restructure the federal prison system through procurement decisions without congressional authorization, and whether the order's selective application to DOJ but not DHS detention created equal protection concerns for immigration detainees left in private facilities.