Thread: Secure Communities Canceled, Participation Still Required

Secure Communities Agreements Canceled, Participation Still Required

First Posted: 8/5/11 04:02 PM ET Updated: 8/5/11 04:25 PM ET

WASHINGTON -- Activists are outraged over a Friday announcement from the Department of Homeland Security that it will move ahead with its controversial Secure Communities immigration enforcement program, even if states do not agree to participate.

"Today’s announcement confirms [Immigration and Customs Enforcement]’s status as a rogue agency," Pablo Alvarado, director of the National Day Laborer's Organizing Network and a vocal critic of Secure Communities, said in a statement. "The recent actions constitute a crisis not only for our civil rights but our democracy as a whole. Governments cannot rule by decree."

The government faces a backlash over Secure Communities, a program that allows federal authorities to screen fingerprints of those arrested by local police in order to detect undocumented immigrants. Critics say the program nets large numbers of non-criminal undocumented immigrants and takes focus away from the primary targets of immigration enforcement, violent offenders.

DHS implemented the program in a number of states by asking governors to sign on using memorandums of agreement, which helped DHS move toward its goal of spreading the program nationwide by 2013. Earlier this year, states began to push back against the program, arguing it threatens public safety and passes on enforcement costs to local governments.

The program had originally been referred to as voluntary, with DHS listing instructions for states and local communities to "opt out." But when Illinois and New York terminated their memorandums of agreement with DHS in May and June, the agency confirmed it would continue to use fingerprints taken by local police for immigration enforcement.

In effect, it meant the agreements between state and federal authorities were meaningless. The decision on Friday to stop creating memorandums of agreement canceled them altogether.

"ICE has determined that a [memorandum of agreement] is not required to activate or operate Secure Communities for any jurisdiction," Immigration and Customs Enforcement head John Morton wrote in a letter to governors.

DHS, meanwhile, is attempting to rehabilitate the program in the public eye, announcing it will develop new training to address civil rights concerns and fears over netting victims of domestic violence.

"ICE continues to work with its law enforcement partners across the country to responsibly and effectively implement this federal information sharing capability and plans to reach complete nationwide activation by 2013," Nicole Navas, a spokeswoman for Immigration and Customs Enforcement, said in a statement.

http://www.huffingtonpost.com/2011/08/0 ... 19651.html

Homeland Security cancels immigration agreements with states

The Obama administration is cancelling more than 40 agreements it has signed with states under the Secure Communities program. (Michael S. Williamson / Washington Post / June 17, 2011)

By Brian Bennett, Washington Bureau

August 5, 2011, 1:46 p.m.
After months of protest from some Democratic governors, the Obama administration is cancelling more than 40 agreements it has signed with states under the Secure Communities program, although the move will have no apparent impact on the controversial effort to identify and deport convicted felons.

The Department of Homeland Security notified governors Friday that the program does not need their approval to operate, and the cancellations will not affect the ability to check the immigration status of anyone whose fingerprints are in an FBI criminal database, according to a copy of the letter obtained by the Los Angeles Times.

"No agreement with the state is legally necessary for one part of the federal government to share it with another part ... . This change will have no effect on the operation of Secure Communities in your state," read the letter, sent via email to the offices of over 40 governors Friday.

Under the program, the FBI automatically sends fingerprints from local law enforcement agencies to U.S. Immigration and Customs to check a suspect’s immigration status. The program is used in more than 1,400 jurisdictions, including the entire Southwest border area.

But governors in California, Illinois, Massachusetts and several other states have expressed concern that the effort has ensnared minor offenders as well as more serious criminals, and has deterred some victims from coming forward to aid police.

Several governors had announced their intention to withdraw from the agreements, and the cancellations do not address at least some of their concerns.

Homeland Security officials say the fingerprint-sharing program has been highly successful. Over the last three years, more than 77,000 immigrants convicted of crimes, including more than 28,000 convicted of offenses such as murder, rape and sexual abuse of children, were deported after they were identified through the Secure Communities program.

http://www.latimes.com/news/politics/la ... 3933.story

Friday August 5th, 2011, 4:08pm

Homeland Security Forces Federal Deportation Program

The U.S. Department of Homeland Security will no longer allow states to determine their involvement with the Immigration and Customs Enforcement (ICE) program known as Secure Communities. In May, Gov. Pat Quinn utilized the provisions in place that allowed states to opt it. He withdrew from the controversial federal deportation program in a letter that said “... the implementation of the Secure Communities program in Illinois is contrary to the stated purpose of the [Memorandum of Agreement] ...â€

No opting out of controversial Secure Communities

5:39 p.m. | Nick Roman | KPCC

Multi-American: Actions means controversial program will continue

The Obama administration has canceled agreements with states over a Homeland Security program that shares fingerprint data with immigration agents. Democratic governors had complained about the Secure Communities program, saying the data could be used to deport illegal immigrants who were fingerprinted for minor offenses.

But it turns out that ending the agreements means little: Immigration agents will still get the fingerprint data.

Long before Secure Communities came along, states already shared fingerprint data with the FBI. Since 9/11, a number of laws require the FBI, which is part of the Justice Department, to share information with Homeland Security. ICE — Immigration and Customs Enforcement — is part of Homeland Security, so when Justice shares with Homeland Security, it means the FBI shares with ICE. And that includes fingerprint data that states like California send to the FBI.

Some governors might not like sharing fingerprint data with ICE, but they can’t stop it. Keeping it away from ICE means keeping it away from the FBI. There are very good reasons why states, counties and law enforcement agencies want the FBI to have the fingerprints of the people they’ve arrested.

San Francisco Sheriff Michael Hennessey — one of the loudest critics of the Secure Communities program — still doesn’t like it that someone who’s undocumented and gets arrested for a minor offense might be deported. He’s said he’ll release them from custody, and get around Secure Communities that way.

http://www.scpr.org/news/2011/08/05/280 ... ities-pro/

US set to expand deportation program

Agency says governor’s OK is not required

By Maria Sacchetti
Globe Staff / August 6, 2011


US immigration officials eliminated a major hurdle yesterday to expanding Secure Communities in Massachusetts and nationwide, putting states on notice that the controversial law enforcement program will be fully deployed nationwide by 2013.

John Morton, director of US Immigration and Customs Enforcement, terminated what until now was a key step in launching the federal program: having each governor first sign a memorandum of agreement to enroll.

More than 40 governors have signed the memos to activate the program, which is meant to identify illegal immigrants with criminal backgrounds. But the Democratic governors of New York and Illinois disavowed theirs, and Governor Deval Patrick refused to sign it, delaying the program’s expansion in Massachusetts for nearly two years.

The announcement came in a letter from Morton to governors yesterday, stating that their signatures are not “legally necessary.’’

The move changes little in practice; immigration officials had previously said they would move ahead whether or not governors agreed. But eliminating the memos removes the possibility of more public opposition by governors and could make it easier for the program to expand.

US immigration officials launched Secure Communities in 2008, after piloting it in Boston and expanding in more than 40 states, enabling local law enforcement to share fingerprints of suspects arrested with federal immigration officials. The goal is to detain and deport illegal immigrants, particularly those who are violent or dangerous.

Yesterday’s announcement infuriated advocates for immigrants who said the federal agency’s action was ignoring concerns from Governor Patrick and others who say the program is also deporting illegal immigrants who came to the country to work and are not violent criminals.

“This is a message from the federal government to the state of Massachusetts that this program will be crammed down their throats, regardless of their opposition,’’ said B. Loewe, spokesman for the Los Angeles-based National Day Laborer Organizing Network.

Others praised the effort to expand the program and reduce the number of illegal immigrants who may compete for jobs.

“Federal law applies to all the states including Massachusetts,’’ said Steve Kropper, cochairman of Massachusetts Citizens for Immigration Reform, which favors tougher enforcement of immigration laws. “If Massachusetts is known for being hostile to illegal immigrants, we will reap economic benefits. Dithering about whether to enforce the law is the worst of all paths.’’

The Secure Communities program has sparked concerns from police in Chelsea, Boston and other cities with large immigrant populations that the program is deporting illegal immigrants who are not violent criminals, saying they want to fight crime, not enforce federal immigration law.

In July, Boston Police Commissioner Edward F. Davis threatened to withdraw from the program after the Globe identified three examples of illegal immigrants placed into deportation proceedings after being stopped in Boston for minor traffic violations.

Patrick’s spokesman Alex Goldstein said yesterday that the governor received Morton’s letter, but that he intends to continue opposing the program.

“The governor has made his concerns about the program very clear . . . and he is going to continue to express those concerns,’’ he said.

Federal officials had hoped to have Secure Communities in half of Massachusetts counties by October 2010, but so far Boston is the only jurisdiction enrolled.

US officials had sent state officials a letter in 2009 urging them to sign the memo to “establish a solid foundation’’ to bring county and police departments online. Patrick waffled on the issue, vowing to sign last year, but ultimately changing his mind under intense public pressure.

Yesterday, a Department of Homeland Security official said in a phone interview that Secure Communities is still operating in activated jurisdictions in Illinois and New York.

He said he hoped local and state police would continue to honor ICE’s requests to hold immigrants who are caught through Secure Communities so that immigration officials can pick them up.

Framingham Police Chief Steven Carl, who has expressed mixed feelings about Secure Communities, said he would continue to cooperate with immigration officials, but said he hoped ICE would continue to focus on violent criminals.

“If the program is being sold to remove the violent offenders from the street, then they should be making a conscious effort to only remove the violent offenders from the street,’’ he said.

The Massachusetts Immigrant and Refugee Advocacy Coalition said ICE officials held a brief conference call with advocates for immigrants yesterday to break the news.

The ACLU of Massachusetts said they were reviewing the matter for possible legal violations, calling ICE’s action a “power grab.’’

“We are shocked,’’ said Laura Rótolo, a staff attorney. “Essentially it’s a slap in the face to the states who have been working hard to negotiate these things.’’

www.boston.com

RELATED

U.S. immigration officials call off deportation agreement with states

http://www.alipac.us/ftopict-246045.html

RELATED

86,616 deported by Secure Communities as of 8/2/2011

http://www.alipac.us/ftopict-245726.html

"Secure Communities Agreements Canceled, Participation Still Required"

Didn't see that one coming.

States Can't Opt Out of Secure Communities Program




The Obama administration has notified 39 Governors that they cannot exempt their states from the controversial Secure Communities Program, a fingerprinting program promoted as a way to identify and deport dangerous criminals.

The Department of Homeland Security released a statement Friday informing the Governors who had previously signed Secure Community agreements with the federal government that their approval of the program was not necessary for it to be implemented. In a copy of the letter acquired by the Los Angeles Times, the Obama administration voided agreements they had signed with states to authorize the state's participation in the program in the belief that state participation was not voluntary anyway.

The debate over Secure Communities has intensified in recent months, as local and state officials weigh the benefits against the negative aspects of the program, which the Obama Administration has said it hopes to implement nationwide by 2013.

Department of Homeland Security officials say on their website that the fingerprinting program is “an effective toolâ€

It's the only thing Obama has to show that he's done anything in regards to immigration enforcement and he's still pulling the strings and just turning the illegal aliens loose. Smoke and Mirrors.

Dixie