Under a 2020 memorandum of understanding between the sheriff’s department and CoreCivic, detention center Warden Christopher LaRose has authority to decide whether to investigate rape allegations at the facility, which currently houses just under 1,500 federal immigration detainees, most of whom are in custody awaiting hearings and have not been convicted of a crime.

CalMatters obtained the memorandum after seeking additional information about the alleged rapes and four attempted sexual assaults through a California Public Records Act request. While a sheriff’s spokesperson said the agency was not investigating those cases, he said he was unable to turn over additional records because they were part of “a law enforcement investigation.”

CoreCivic in a written statement after this story first published said Otay Mesa staff conduct an administrative investigation of each sex assault allegation, though a spokesperson said the company does not conduct criminal investigations of sexual abuse allegations because it’s not a law enforcement agency.

“When a matter requires law enforcement intervention, we refer it to the appropriate authorities,” CoreCivic spokesperson Ryan Gustin said in a statement.

The company manages the detention center under a contract with the Department of Homeland Security and the Immigration and Customs Enforcement agency’s Office of Enforcement and Removal Operations. ICE officials did not immediately respond to a request for comment.

Gustin said all allegations are recorded in a database, and “refer any potentially criminal matter to law enforcement.”

“Substantiated allegations result in disciplinary action and, where appropriate, referral for prosecution,” Gustin said. “If an individual is found to be at substantial risk of imminent sexual abuse, immediate protective action is taken.”

The company said that it has a zero tolerance policy for sex abuse and sexual harassment, and said detainees, staff or anyone present at a facility can report allegations in writing or through a hotline number. The company also said it offers anyone who makes an allegation medical, mental health and emotional support services.

CoreCivic did not respond to questions on whether it has any similar memoranda of understanding with other agencies, or details on any previous memorandum of understanding in San Diego County.

Seven privately run immigrant detention centers operate in California, with CoreCivic holding contracts for two of them. It could not immediately be determined if other detention centers have similar agreements with local law enforcement agencies.

“We’re horrified but not surprised to learn that numerous sexual assaults went uninvestigated at a CoreCivic facility,” said Susan Beaty, senior attorney with the California Collaborative for Immigrant Justice advocacy group.

“Local and state enforcement agencies have a responsibility to use their power to protect the rights of Californians in detention, and hold accountable both ICE and private prison companies that profit to the tune of billions of taxpayer dollars to incarcerate immigrants in our state.”

A 2022 audit conducted by the outside company Creative Corrections found the facility met all federal standards for preventing sexual assaults.

San Diego County Board of Supervisors Chair Terra Lawson-Remer said she plans to question San Diego County Sheriff Kelly Martinez at a hearing Tuesday night on ICE transfers from county jails.

“I do not have much confidence at all in CoreCivic’s ability to investigate these very serious allegations,” she said earlier this month.

Supervisor questions sheriff after CalMatters story

A member of the San Diego County Board of Supervisors pressed San Diego County Sheriff Kelly Martinez about the memorandum of understanding after this story published Tuesday night. Sheriff Kelly Martinez said her department doesn’t have enough staff to investigate allegations of criminal misconduct at every civil and criminal detention facility in San Diego, including Otay Mesa.

“There’s something about an MOU that explicitly delegates to CoreCivic —” San Diego County Board of Supervisors Chair Terra Lawson-Remer began to say.

“Well, we could not have an MOU at all,” Martinez interrupted, “and they wouldn’t report to us and we wouldn’t investigate. So we have to also work with the people in charge of the facility, the reporting mechanism would still have to come from the facility.”

Lawson-Remer called the decision to turn over criminal investigation decisions to a private company “troubling,” and asked whether Martinez could sign an MOU that required a sheriff’s office investigation of every criminal allegation.

“I don’t know if we have the staff capacity for that, perhaps you could give me a bunch more positions and we could create an investigative unit,” Martinez said, and laughed.

“I completely understand your concern, and that it doesn’t look like it’s an appropriate way to investigate these complaints but I really don’t know how many are occurring.”

Martinez went on to say she was responsible for her own detention facilities, and investigating ones that don’t belong to San Diego County is “a difficult ask.”

San Diego County is in the midst of a separate legal battle with CoreCivic over the Otay Mesa Detention Center. In a lawsuit filed this month, the county alleges the Trump administration and Tennessee-based CoreCivic illegally blocked a public health inspection of the Otay Mesa Detention Center. According to the lawsuit, U.S. Immigration and Customs Enforcement initially cleared county officials to enter the facility but reversed that decision when the inspection team arrived.

911 calls from detention center

Overall, there were 142 calls for service to the San Diego County Sheriff’s Department for the Otay Mesa Detention Center in 2024. Fourteen were identified as related to the Prison Rape Elimination Act (PREA), a 2003 federal law designed to prevent, detect and respond to sexual abuse and harassment in correctional facilities.

Last year, there were 159 calls for service to the Otay Mesa facility. Twenty-one calls were related to the Prison Rape Elimination Act, and of those, seven were allegations of rape.

CalMatters used a Public Records Act request to obtain a digital log generated by 911 dispatchers and emergency services for 2024 and 2025.

CalMatters attempted to obtain additional records about the sexual assault and attempted sexual assault incidents, such as the audio recordings of the 911 calls and the full dispatch log, but the sheriff’s department refused to release them stating the records were “records of a law enforcement investigation, or any investigatory or security files compiled by a law enforcement agency are exempt from disclosure.”

The records CalMatters obtained gave no indication whether the victims were detainees or employees. Similarly, the records gave no indication about the perpetrators.

The department’s memorandum of understanding with CoreCivic was signed and dated by former San Diego Sheriff Bill Gore in 2020.

“Under the Memorandum of Understanding…the facility’s Warden is responsible for investigating any allegation of sexual assault or abuse,” said Lt. David Collins, the media relations director for the sheriff’s department. Collins referred further questions about the incidents to CoreCivic.

He said CoreCivic “did not request our involvement” for any cases last year.

“Because no criminal investigations were initiated by the Sheriff’s Office, no reports were forwarded to the San Diego County District Attorney’s Office for consideration of charges,” he said.

If deputies had investigated, the MOU would require them to forward their findings to CoreCivic.

“Upon completion/closure of an investigation, Investigating Agency will forward a copy of the investigation report to the Facility for retention as part of Facility’s record-keeping requirements,” the MOU states.

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The episode illustrates the obstacles some Democratic lawmakers have experienced trying to observe conditions in ICE detention centers, and what they say are restrictive rules that interfere with Congressional oversight.

Rep. Raul Ruiz, a Palm Desert Democrat, planned to learn if detainees had legal representation and had seen an immigration judge, and whether they had access to healthcare, hygiene and nutrition.

“I had a questionnaire that was prepared with staff and the ACLU and other organizations that asked if they, for example, were allowed a lawyer, phone calls, if they were able to communicate with their loved ones, if they were read their rights,” Ruiz said.

On Monday, July 7, he submitted a request to ICE to tour the facility last Friday with Rep. Norma Torres, an Ontario Democrat. An Instagram post by the two lawmakers showed an earlier message from Torres’ office on July 3, also asking to schedule a visit.

Both requests complied with ICE requirements for 72 hours notice, Ruiz said. But those were courtesy gestures, he said, since federal law doesn’t require advance notice for Congressional oversight visits. When Ruiz and Torres arrived, ICE turned them away.

“They turn around and tell me it’s now seven days notice,” he said. “They keep moving the goal post. We showed up in the hopes that Congressmember Norma Torres and I could enter the facility and speak with an ICE agent and do our jobs. As soon as they saw us they shut the gate and locked it with a chain and a deadbolt.”

The two lawmakers posted a video outside the locked gate, demanding to enter and calling for the resignation of Homeland Security Secretary Kristi Noem.

The same day, Ruiz said, Rep. Jay Obernolte, a Hesperia Republican, also scheduled a visit and was allowed inside.

A statement from ICE said Obernolte had provided seven days notice for touring the detention facility, but Ruiz and Torres had not.

“Congressman Raul Ruiz and Congresswoman Norma Torres showed up to Rep. Obernolte’s approved visit; ignoring the established DHS directive regarding visiting ICE facilities,” the agency stated. “They were advised that ICE would be more than happy to accommodate their visit—provided it was scheduled in accordance with DHS policy.”

In a message on X after the visit Friday, Obernolte said he was satisfied with the conditions he observed. He toured the dormitories, cafeteria and recreation facilities, observed the meals and confirmed that detainees had access to legal counsel.

“It’s clear to me that this facility is doing its job: ensuring that detainees are treated humanely – with access to medical care, legal representation, and timely hearings – while helping ICE carry out its mission to enforce our immigration laws,” Obernolte wrote.

An earlier group of Southern California lawmakers who visited the facility in June reported problems with the facility. They found detainees were held “without enough food, clean clothing, the ability to call their families or access to a lawyer,” according to Rep. Judy Chu, a Pasadena Democrat.

Ruiz said the 72 hour notice requirement – and even more so the seven day notice period – makes it hard to tell if the facility is consistently maintaining humane conditions, or has spruced them up in advance of a Congressional visit.

He’ll try to schedule a visit again with at least seven days notice. If he still can’t get access, he’ll consider legal action to challenge the restrictions. The effort to access immigration detention facilities is about due process and also the workings of democracy, Ruiz said.

“When you have an executive branch who’s purposely denying a member of the legislative branch to provide oversight of the executive branch, then you’re starting to go down a very dangerous slippery slope that is contrary to the Constitution and ideas of the founding fathers and three co-equal branches of government,” Ruiz said. “They precisely did not want a single figure to act like a king.”

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In a post on his Truth Social site Sunday evening, Trump wrote that, “For too long, America has been plagued by vicious, violent, and repeat Criminal Offenders, the dregs of society, who will never contribute anything other than Misery and Suffering. When we were a more serious Nation, in times past, we did not hesitate to lock up the most dangerous criminals, and keep them far away from anyone they could harm. That’s the way it’s supposed to be.”

“That is why, today,” he said, “I am directing the Bureau of Prisons, together with the Department of Justice, FBI, and Homeland Security, to reopen a substantially enlarged and rebuilt ALCATRAZ, to house America’s most ruthless and violent Offenders.”

Trump’s directive to rebuild and reopen the long-shuttered penitentiary was the latest salvo in his effort to overhaul how and where federal prisoners and immigration detainees are locked up. But such a move would likely be an expensive and challenging proposition. The prison was closed in 1963 due to crumbling infrastructure and the high costs of repairing and supplying the island facility, because everything from fuel to food had to be brought by boat.

Bringing the facility up to modern-day standards would require massive investments at a time when the Bureau of Prisons has been shuttering prisons for similar infrastructure issues.

The prison — infamously inescapable due to the strong ocean currents and cold Pacific waters that surround it — was known as the “The Rock” and housed some of the nation’s most notorious criminals, including gangster Al Capone and George “Machine Gun” Kelly.

It has long been part of the cultural imagination and has been the subject of numerous movies, including “The Rock” starring Sean Connery and Nicolas Cage.

Still in the 29 years it was open, 36 men attempted 14 separate escapes, according to the FBI. Nearly all were caught or didn’t survive the attempt.

The fate of three particular inmates — John Anglin, his brother Clarence and Frank Morris — is of some debate and was dramatized in the 1979 film “Escape from Alcatraz” starring Clint Eastwood.

Alcatraz Island is now a major tourist site that is operate by the National Park Service and is a designated National Historic Landmark.

Trump, returning to the White House on Sunday night after a weekend in Florida, said he’d come up with the idea because of frustrations with “radicalized judges” who have insisted those being deported receive due process. Alcatraz, he said, has long been a “symbol of law and order. You know, it’s got quite a history.”

A spokesperson for the Bureau of Prisons said in a statement that the agency “will comply with all Presidential Orders.” The spokesperson did not immediately answer questions from The Associated Press regarding the practicality and feasibility of reopening Alcatraz or the agency’s role in the future of the former prison given the National Park Service’s control of the island.

Former House Speaker Nancy Pelosi, a California Democrat whose district includes the island, questioned the feasibility of reopening the prison after so many years. “It is now a very popular national park and major tourist attraction. The President’s proposal is not a serious one,” she wrote on X.

The island serves as a veritable time machine to a bygone era of corrections. The Bureau of Prisons currently has 16 penitentiaries performing the same high-security functions as Alcatraz, including its maximum security facility in Florence, Colorado, and the U.S. penitentiary in Terre Haute, Indiana, which is home to the federal death chamber.

The order comes as Trump has been clashing with the courts as he tries to send accused gang members to a maximum-security prison in El Salvador, without due process. Trump has also floated the legally dubious idea of sending some federal U.S. prisoners to the Terrorism Confinement Center, known as CECOT.

Trump has also directed the opening of a detention center at Guantanamo Bay, Cuba, to hold up to 30,000 of what he has labeled the “worst criminal aliens.”

The Bureau of Prisons has faced myriad crises in recent years and has been subjected to increased scrutiny after Jeffrey Epstein’s suicide at a federal jail in New York City in 2019. An AP investigation uncovered deep, previously unreported flaws within the Bureau of Prisons. AP reporting has disclosed widespread criminal activity by employees, dozens of escapes, chronic violence, deaths and severe staffing shortages that have hampered responses to emergencies, including assaults and suicides.

The AP’s investigation also exposed rampant sexual abuse at a federal women’s prison in Dublin, California. Last year, President Joe Biden signed a law strengthening oversight of the agency after AP reporting spotlighted its many flaws.

At the same time, the Bureau of Prisons is operating in a state of flux — with a recently installed new director and a redefined mission that includes taking in thousands of immigration detainees at some of its prisons and jails under an agreement with the Department of Homeland Security. The agency last year closed several facilities, in part to cut costs, but is also in the process of building a new prison in Kentucky.

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