The United States is facing a stark challenge as we speak: It does not have enough detention capacity to uphold its immigration laws, safeguard its communities, or ensure due process. Despite the increasing complexity of border security and interior enforcement, Congress has still not authorized the necessary funding to meet the scale of demand, let alone modernize the detention infrastructure that supports lawful removal operations.

To meet this moment, the federal government must expand detention capacity and fully embrace public-private partnerships as a vital tool of national enforcement policy. The U.S. doesn’t have the luxury of choosing between enforcement and humanitarian standards. It needs both. I believe the private sector has a proven role to play in delivering them efficiently, humanely, and at scale.

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Let’s look at the reality on the ground. Immigration and Customs Enforcement has already exceeded its congressional bed cap. According to recent agency data, ICE has held over 54,000 individuals in detention, far surpassing the 41,000 detention beds funded by Congress. This mismatch is not an abstraction. It means that ICE is being forced to either release individuals who may pose a public safety threat or rely on ad hoc, overcrowded, and legally vulnerable alternatives.

At the same time, the Department of Homeland Security leadership proposed an increase to 100,000 detention beds. This figure was not born of ideology but of necessity. Surging border encounters, record-high case backlogs in immigration courts, and the growing number of people with final orders of removal have made clear that detention is not an option. It’s a requirement of law. This will require more capacity, much of which can and should be managed by private contractors under the government’s watchful eye.

Critics of private detention have often mischaracterized public-private partnerships as second-rate or profit-driven alternatives to government-run operations. That narrative is not only outdated, it’s downright dangerous. In truth, public-private partnerships are a strategic, scalable, and cost-effective solution that Congress should actively support.

When ICE needs to expand capacity rapidly due to surges in illegal crossings or new removal priorities, private operators can stand up modular or temporary facilities in a matter of weeks — not years. Furthermore, many of these providers have decades of institutional knowledge and already operate under Performance-Based National Detention Standards, with strict accountability and inspection regimes. Lastly, competitive contracts help ensure taxpayers receive value for their investment.

Importantly, these partnerships are not free-for-alls. They are governed by detailed federal contracts and oversight from DHS and third-party auditors, and they are subject to contract termination for noncompliance. This level of accountability is often more rigorous than what is applied to state or local facilities.

Some may take issue with the use of detention altogether, but the law is clear: People with final removal orders are to be detained and deported. Federal courts expect ICE to enforce these mandates, and any systematic failure to do so, including due to a lack of space, opens the government to legal liability, judicial intervention, and reputational harm.

Moreover, releasing people into the interior without a viable enforcement infrastructure undermines the very concept of lawful immigration. It weakens public trust, invites abuse of the asylum system, and delays justice for individuals seeking protection and those facing removal.

Public-private partnerships are not a philosophical preference. They are a functional necessity for maintaining compliance with our immigration statutes.

Let’s be clear and honest: Detention is not incarceration. It is not meant to punish, but to ensure compliance with lawful proceedings. Facilities operated by private contractors must meet requirements for medical care, language access, legal counsel, recreation, religious services, and more.

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In fact, many private operators exceed baseline requirements by investing in telehealth, cultural liaison staff, and internal ombudsman offices. Far from the dystopian image often portrayed, these facilities provide a safer, cleaner, and more orderly environment than their overwhelmed public counterparts.

If the goal is to ensure humane treatment and rule of law, then well-managed, well-monitored private facilities must be part of the solution.

Sheriff Mark Lamb, also called “America’s Sheriff,” is a nationally respected leader known for his bold leadership, resilience, and community trust. Twice elected in Pinal County and a leading candidate in the 2024 Senate race in Arizona, Lamb blends patriotism, transparency, and innovation to inspire others with his motto: “Fear Not, Do Right.”