Federal detention center in Rhode Island files for bankruptcy 

The Donald W. Wyatt Detention Facility, seen through bars
Holders of bonds issued for the Donald W. Wyatt Correctional Facility will take a haircut under terms of a Chapter 11 bankruptcy settlement.
Bloomberg News

A detention center in Rhode Island used to house detainees of Immigrations and Customs Enforcement and the U.S. Marshals Service has filed for bankruptcy, claiming it cannot afford to pay off the debt it used to fund its expansion.

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The Central Falls Detention Facility Corporation was created through a nonprofit ownership structure. Intended as an economic development vehicle for Central Falls, it hit financial difficulties due to the COVID-19 pandemic, a ransomware attack, and ICE's alleged abuse of a detainee. 

The Chapter 11 bankruptcy filing seeks to eliminate roughly $102 million of the corporation's $167 million outstanding debt. The plan is supported by the bondholders and the city of Central Falls. 

"Although the Debtor is on solid financial footing from a cashflow perspective as it relates to its current liabilities, its more than $167 million of bond debt …  is not sustainable, and the Debtor is unable to repay it according to its terms," CFDFC financial advisor Daniel S. Polsky wrote in the filing. 

The corporation operates the Donald W. Wyatt Detention Facility. The facility was created in 1993 as the first publicly owned, privately operated prison in the country.

Central Falls, facing a fiscal crisis in the early 1990s, created the CFDFC in hopes that the prison would generate revenue. Rhode Island had passed a law allowing municipalities to create or acquire correctional facilities as an economic development strategy.

The CFDFC's board is appointed by the city's mayor. The facility paid local impact fees to the city, totaling $5.4 million from 1994 to 2009.

The CFDFC issued bonds in 2005 to fund an expansion from 300 beds to 782 beds. It began a contract with ICE in 2005. 

Operational and financial troubles have dogged the detention center for years.

In 2008, ICE detainee Hiu Lui "Jason" Ng died of terminal cancer. His family and the ACLU sued ICE and Wyatt employees for "cruel, inhumane, malicious and sadistic behavior" against Ng (the suit was later settled). The local outcry led ICE to withdraw its detainees from Wyatt. 

Wyatt went into receivership and stopped paying local impact fees in 2009.

The city of Central Falls itself went through a Chapter 9 bankruptcy in 2011 and 2012.

Without ICE's detainees, the facility struggled to fill its beds, and held just 437 people in 2018, according to local news reports.

In 2019, the facility renewed its contract with ICE and resumed housing ICE's detainees. The move spurred passionate local protests and condemnation from city officials in Central Falls, where the population is more than two-thirds Hispanic or Latino, according to the U.S. Census. The CFDFC sought to end the contract after the outcry, but bondholders sued to prevent the removal of ICE's detainees.

Bondholders also sought control over the facility in the 2019 lawsuit. The city counter-sued, and the mediation process led to the agreement in the Chapter 11 filing. 

Wyatt couldn't operate at full capacity during COVID-19 pandemic and incurred new costs after a ransomware attack in 2023. A former contractor sued the facility in 2023, as CFDFC still hadn't paid it for services performed nearly 20 years prior, according to a local news report. 

Under the restructuring plan, Wyatt "intends and expects that its day-to-day operations postpetition will continue as normal, and that all post-petition debts (including wage payments) to its employees will be paid in the ordinary course," according to the filing.

Wyatt paid Central Falls a $250,000 local impact fee in April, and would resume the payments annually under the bankruptcy restructuring agreement. The restructuring would also include a one-time payment of $400,000 to the city and an annual charitable donation of $25,000.

Although many Central Falls politicians had pushed Wyatt to end its ICE contract or close altogether, the Chapter 11 plan drew support from city and state officials. That included Mayor Maria Rivera, who was one of the officials who filed the 2019 counter-lawsuit.

"For the first time in many years, Central Falls is finally receiving impact fees from the Wyatt, something Central Falls taxpayers have deserved all along," Rivera said in a statement. "That funding will directly support our community, including our infrastructure and future stability through a rainy day fund."


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