An open letter to State Governors & Legislatures

Declare State of Emergency to Divest from Detention and Surveillance Companies

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I am writing to urge you to declare a state of emergency and use the powers that declaration unlocks to direct all state agencies to cease entering new contracts with corporations providing material support for unconstitutional surveillance, unlawful detention, and enforcement operations conducted in defiance of court orders, and to direct the state treasurer to begin immediate divestment from these companies. The current situation meets the definition of an emergency under state law. Approximately 73,000 people are being held in detention facilities without conviction. Companies like Palantir Technologies, which secured a $30 million contract in April 2025 to build ImmigrationOS for ICE and holds $970.5 million in federal contracts, are deploying AI surveillance systems against the civilian population. Private detention companies GEO Group and CoreCivic operate roughly 90 percent of private immigration detention facilities. Federal court orders addressing these operations are being defied. These circumstances constitute an immediate threat to constitutional rights and public welfare that demands executive action. Our state's public funds are flowing to these operations through pension investments and procurement contracts. Democratic-controlled jurisdictions nationwide hold an estimated $170 to $230 billion in stock from companies supporting these activities, with $5 to $10 billion flowing annually through contracts and tax subsidies. This financial support occurs without public debate or legislative approval, yet we have the legal authority to act. The market participant doctrine provides broad protection when states act as buyers or investors. California passed AB 32 in 2019 prohibiting CalPERS from holding private prison stocks. New York City divested $48 million from private prisons in 2017 with no negative impact on returns. When eight major banks eliminated 87.4 percent of credit lines to GEO Group and CoreCivic, these companies were forced to seek alternative financing, demonstrating that coordinated divestment creates real financial pressure. I am asking you to declare a state of emergency, direct state agencies to terminate contracts with companies providing surveillance and detention infrastructure, and instruct the state treasurer to divest public pension funds from these corporations. The legal framework exists, the precedent is established, and the moral imperative is clear.

▶ Created on March 8 by States ask for townhalls

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