Gov. Pillen Administration Releases Letter Regarding Democrats Interim Study

LINCOLN, NE – In a letter to Senator Terrell McKinney, chair of the Urban Affairs Committee, Kenny Zoeller, director of the Governor’s Policy Research Office, informed the senator that Gov. Pillen’s Administration will not be participating in the Urban Affairs Committee interim study on Friday, September 12, citing committee jurisdiction issues. 
 
The letter states: 
 
“The Governor’s Office, including all agencies under the Governor’s purview, will not be participating in the Urban Affairs Committee interim study… to examine alleged building code issues related to the Governor’s decision to make the McCook Work Ethic Camp available to the United States Department of Homeland Security for criminal illegal alien detention.”
 
The letter goes on to detail that the Urban Affairs Committee lacks legal jurisdiction and oversight authority to examine these issues:
 
“The Jail Standards Board…was created by legislation originating from the Judiciary Committee, meaning the Judiciary Committee maintains oversight responsibilities over conformance to minimum standards relating to the operation and physical structure of criminal detention facilities.” 
 
“Furthermore, the Nebraska Jail Standards Program clearly exempts state correction facilities from the program’s jurisdiction in Neb. Rev. Stat. §83-4,125 through the definition of a criminal detention facility.”
 
Additionally, the letter highlights the accreditation of the Work Ethic Camp:
 
“Each of NDCS’ facilities, including the Work Ethic Camp, are accredited by and meet the occupancy standards established by the American Correctional Association (ACA).” 
 
The letter concludes addressing misguided concerns with overcrowding:
“Finally, your letter cited Neb. Rev. Stat §83-962 to incorrectly suggest that the additional criminal illegal alien population at the Work Ethic Camp will trigger a correctional system overcrowding emergency. This statute does not apply in this scenario since an emergency declaration is only required when the Department’s system-wide inmate population is over 140% of operational capacity. The current average daily population for all NDCS facilities is approximately 115% of system-wide operational capacity. The addition of 300 criminal illegal aliens to the system will not put NDCS facilities anywhere near the 140% occupational capacity threshold needed to trigger an emergency declaration. It is also important to note that systemwide, our correctional facilities have 5,929 beds with 5,730 inmates, meaning we have flexibility within our current correctional facilities to accommodate this new mission.” 
 
“Even if this additional population did result in a correctional system overcrowding emergency, the Judiciary Committee would have jurisdiction over this issue, not the Urban Affairs Committee. That is why the Executive Branch has taken the appropriate action and has properly informed members of the Judiciary committee on plans to reconfigure the Work Ethic Camp.”
 
Background:
 
Gov. Pillen announced the partnership with the U.S. Department of Homeland Security last month in McCook. This arrangement allows Nebraska to do its part to help get criminal illegal aliens off America’s streets and address years of President Biden’s failed border and immigration policies. Additionally, the state will benefit from federal dollars that will offset costs to Nebraska taxpayers.