The facility will house “administrative detainees” of the federal government, who have not been charged with criminal violations and are being held only to “assure their presence throughout the administrative hearing process and to assure their presence for removal from the United States pursuant to a lawful final order,” the contract states.

The contract gives the county until July 31 to hire staff and make the repairs necessary to open one dorm—which will contain 56 beds—in the facility. It requests that the additional five dorms be opened as soon as possible and no later than 180 days from the date the contract was awarded, July 1.

The detention center, which the county announced July 3, was addressed multiple times during the Caroline Board of Supervisors’ regular meeting Tuesday, though it was not officially on the agenda.

On Tuesday afternoon, a small group stood outside the Community Services Center on U.S. 301, holding signs protesting the detention center.

“I don’t think we should be condoning ICE’s zero-tolerance policy towards immigration,” said Kathy Freise, a Caroline resident, who held a sign reading “No Hate in Virginia.”

She said she understands that the county needs revenue but said, “it just seems like blood money to me.”

Board Chairwoman Nancy Long opened Tuesday’s meeting with a statement addressing the county’s decision to enter into the contract with ICE.

“Some clarification needs to be done to answer some questions,” she said. “There have been some concerns expressed about this announcement. The Board of Supervisors believes it is important that Caroline County citizens and other interested parties understand the background and the unique origin of [Peumansend Creek Regional Jail].”

Long said that Caroline played no role in the original construction of the jail—which is located on 150 acres within the boundaries of Fort A.P. Hill—in 1991 to provide additional jail space needed by Northern Virginia localities.

“Caroline had no need for additional jail space and strongly objected to the decision,” Long said.

Told that the jail was coming whether they liked it or not, Long said, Caroline officials at the time focused on putting restrictions on inmate selection and succeeded in eliminating violent offenders.

“The acres were ultimately deeded to Caroline by the federal government with stipulation that the facility be used as a jail,” Long said.

She said the jail proved to be “a good neighbor” to Caroline, providing employment to county residents and giving back to the community.

When the other jurisdictions pulled out of the jail authority last June, Caroline was left alone to decide what to do with the facility. Long said the county worried that the federal or state government would seek to reclaim the facility and use it to house violent or mentally ill offenders.

“Some of the potential future outcomes were clearly not in the best interest of the county,” she said. “As a result, Caroline concluded that the best path forward was to retain authority over the structure and seek other uses on its terms.

“The agreement with ICE provides several distinct advantages,” she continued. “It removes the uncertainty of whether the facility will be used by the federal or state government to house hardened criminals or terrorists. It provides sufficient revenue to the county to be used for capital projects. And it provides an opportunity for employment at good wages and benefits.”

Several former employees of the jail who have regained employment at the detention center spoke during public comments at Tuesday’s meeting.

Ney Hidalgo, a county resident, thanked the board for the opportunity to continue to work in Caroline. He said the humane treatment of residents was a priority for jail staff and would continue to be a priority.

“One of our core values is to treat people incarcerated with dignity and respect,” he said. “That continues to be a pillar of who we are. Human beings are human beings regardless of their incarcerated state. That has always been who we are as a facility. We have always been a positive force here in the community regardless of who we are managing.”

Other speakers expressed opposition to the detention center.

“I am morally opposed to these internment camps that we’re putting throughout the United States and deeply ashamed that the Caroline board did this in such a back-room fashion,” said county resident Mark Atkinson. “There may be legal reasons for [the closed meetings] that I don’t know, but I’m quite sure that if it had been a medical facility that provided abortions, there would have been public comment.”

County attorney Ben Emerson addressed questions, initially raised by the ACLU of Virginia, about the legality of the contract negotiations being conducted in closed meetings.

According to the ACLU, the contract negotiations between the county and ICE did not involve the expenditure of public funds but rather the county being paid to rent beds to the government, so it should not have been subject to an exemption from the open meetings requirement under the Freedom of Information Act.

Emerson said the contract exemption is not limited to discussions of contracts for the purchase of goods and services by the county, as the ACLU suggests.

“Not withstanding this, the ICE contract is in fact a contract for services that are to be provided by the county, not to it,” he continued. “The contract calls for a substantial expenditure of public funds, both federal and county, which the county expects to recoup from ICE but for which it is still a risk, should it have miscalculated the operational capital improvement and ramp-up costs of the facility.”

He said that if ICE had become aware of some of the contract terms being discussed, the county’s bargaining position would have been affected and the entire process could have been jeopardized.

According to the contract—which was provided to The Free Lance–Star after a FOIA request—in order to help the county meet what it calls an “aggressive” schedule, ICE has agreed to provide all medical and dental services at the facility—a change from previous versions of the contract, which state that the county would provide these services.

According to the contract, ICE will provide “ramp-up funding” to the county—$410,189 in July, $511,551 in August and $615,525 in September.

Also to assist with the ramp-up, the contract states that completing the Department of Homeland Security’s personnel security process is not required for initial employment at the facility, though it is required for continuing employment.

Additionally, the contract states that the facility is approved to initially operate under the standards of the American Correctional Association. Within 180 days, it will need to be compliant with ICE’s 2011 Performance-Based National Detention Standards. The facility will be able to house up to 336 detainees, both male and female.

Beginning in October, the federal government will pay Caroline $123.15 per detainee per day. The contract guarantees a minimum of 224 detainees, meaning the county would receive at least $27,500 each day. The total amount awarded by the contract, which is valid for five years and expires June 30, 2023, is for a maximum of $59.9 million.

The contract states that if ICE delivers a person for custody who is under the age of 18, the facility must house that person separately from adults and immediately contact an ICE official. The juvenile will be removed within 72 hours, the contract states.

According to the contract, the pay rate for stationary guards at the facility and escort services for detainees is still to be determined. Caroline is contracted to provide escort and transportation services for detainees to and from their court hearings.

When detainees are released, the contract states that detainees must be taken to a “local bus/train/subway station.”