Hitches Remain in INS Jail Project on Indian Land

Immigration officials said Wednesday that a proposed jail for aliens to be built at the Viejas Indian Reservation is proceeding according to plan, but a tribal spokesman said some uncertainties remain.

Local Immigration and Naturalization Service spokesman Rudy Murillo said agency officials are discussing “timetables” with Esmor Inc., the private company that was awarded a $12.2-million contract to build and operate the jail. INS officials said the 240-bed facility will house Central Americans, many of them Indians, an irony not lost on critics of the jail. Some of those critics protested Wednesday in front of the downtown Federal Building.

“The environmental studies have been done, but construction has not begun. At this point, we’re discussing timetables with Esmor,” Murillo said. “We don’t know when construction will begin, but the project still has the green light.”

However, 14 months after awarding the contract to Esmor, whose offices are on Park Avenue in New York City, construction plans have yet to be made final. The company, which specializes in building and operating prisons for various government agencies, will run the Viejas jail for the INS.

John Winkelman, the tribe’s construction coordinator, said that the Viejas Tribal Council has yet to approve the building permits because Esmor has not submitted the final construction plans and drawings.

In addition, Winkelman said, neither side has come to terms on the key issues of water supply and sewage distribution.

“This project may not go, but if it doesn’t go it won’t be because we don’t want it or because the council is not in control,” Winkelman said in a telephone interview.

But Winkelman said he was optimistic that the jail will be built. It would be situated 30 miles east on San Diego, in arid and undeveloped backcountry. He said that, “in concept, the project has received all the necessary approvals,” including approval from the Bureau of Indian Affairs.

“The tribe still mandates building codes and standards. . . . Right now the tribe has requested additional information on water and sewer. Unless they comply to these standards, the permit will not be issued,” he said.

Esmor officials were attending meetings outside of the office on Wednesday, a secretary said, and could not be reached for comment.

Although Anthony Pico, chairman of the tribal council, supports the project, the jail has caused considerable dissent among tribal members. On Wednesday, Pico’s sisters, Barbara and Elida Muller, participated in a demonstration by 25 protesters against the jail in front of the downtown Federal Building.

“We’re opposing it because of the fact that we’re indigenous people. The Indians who would be jailed there are running from repressive governments and asking us for help. It’s just not right,” said Elida Muller.

Barbara Muller said that Pico told reservation residents that construction would begin by Feb. 16.

“At the last Tribal Council meeting on Jan. 17, Anthony said that construction would begin in 30 days. But we haven’t seen anybody from Esmor on the reservation lately,” said Barbara Muller.

Pico referred all questions to Winkelman, who said he does not know when construction will begin.

Winkelman attempted to deflect criticism of the jail by offering assurances that it will benefit both tribe members and the aliens who are housed there.

“The council feels this will benefit everybody involved. We feel that we are doing a service to those aliens being processed out of the country. Critics are free to speak their consciences, but we really feel that the reservation is not the place to change federal policy. We didn’t establish the policy of deporting aliens. We will maintain control over how the facility is run,” Winkelman said.

He said the jail will include educational and medical facilities for the aliens. The detention center is designed to house adults and children.

According to Winkelman, the contract between the tribe and Esmor includes a clause that prohibits crowding and another that calls for termination of the contract should the jail ever become overcrowded.

“The facility is intended for only 240 people, and we will hold them to that figure. It will not be overcrowded like other facilities. If there is overcrowding, the contract will be terminated,” Winkelman said.

Under terms of the contract, Esmor will pay the tribe $95,000 for the land. In addition, the company will provide funds so the tribe can purchase 90 acres of adjacent land from a private landowner, which will be used for tribal housing. The tribe has agreed to give Esmor a 25-year lease on the land, with a five year option. In return, Esmor will pay the tribe $10,000 a month rent, which Winkelman said will total about $4 million over 30 years.