Thread: Signs Of Change In Immigration Enforcement Policies Emerging

Signs Of Change In Immigration Enforcement Policies Emerging From DHS

by Muzaffar Chishti and Claire Bergeron for the Migration Policy Institute
Originally published on the Migration Information Source (www.migrationinformation.org), a project of the Migration Policy Institute.

US Immigration and Customs Enforcement (ICE) will issue new rules governing the sometimes controversial Section 287(g) agreements between the federal government and state and local law enforcement agencies, following recent criticism of the program from the Government Accountability Office (GAO).

The new guidelines, which will be issued within the next few months, are expected to direct state and local law enforcement agencies participating in the program to primarily target immigrants with criminal convictions rather than ordinary immigration-status violators.

Advocates are interpreting the development as a sign that the Obama administration is open to reviewing some of the immigration enforcement initiatives implemented under the Bush administration.

Congress created the 287(g) program in 1996, through the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The program allows the federal government to enter into written agreements with state and local law enforcement agencies under which local officers are deputized to enforce certain aspects of federal immigration law. To date, the federal government has signed 67 agreements.

Law enforcement officers from participating agencies receive training from ICE and are authorized to inquire into the immigration status of individuals they come into contact with during the normal course of law enforcement operations.

Since 287(g) agreements take different forms, law enforcement agencies differ in the ways in which they utilize the program. Some law enforcement agencies participating in the program use their 287(g) authority to obtain immigration-status information only about individuals convicted of felonies. Others have used the program to inquire into the immigration status of individuals arrested for minor crimes or for violations such as traffic offenses.

Although the law authorizing section 287(g) partnerships was enacted in 1996, the first such partnership was not entered into until 2002, with the state of Florida. Since then, the program has grown significantly, and nearly 1,000 state and local law enforcement officers were participating as of year's end.

Between January 2006 and November 2008, the 287(g) partnerships were responsible for the arrest of 79,000 suspected immigration-status violators, most of whom were placed in deportation proceedings.

In congressional testimony before the House Homeland Security Committee and in a report issued earlier this month, GAO criticized several aspects of the 287(g) program.

Specifically, GAO concluded the program lacks a coherent set of objectives and suffers from inadequate ICE supervision, guidance, and detailed record keeping. While some congressional Democrats have criticized aspects of the program, Republican lawmakers at the hearing strongly defended the 287(g) agreements and called for their expanded use.

Though media reports on 287(g) have generally focused on the use of the program in Maricopa County, Arizona, where Sheriff Joe Arpaio has been accused of overly aggressive immigration enforcement and his department now faces a Justice Department investigation, several recent reports have criticized the program more broadly.

In addition, major police organizations, including the International Association of Chiefs of Police (IACP) and the Major Cities Chiefs (MCC), have also expressed caution over the implementation of 287(g). They say the program can divert limited resources away from public safety concerns and undermine the relationship between the police and members of the immigrant community. Because of those concerns, several localities that explored the possibility of entering into a 287(g) partnership ultimately decided against it.

Proponents of the 287(g) agreements praise the program as a valuable force multiplier for federal immigration enforcement agents, and say it deters crime and has led to the removal of repeat offenders from local communities.

Responding to criticism of the program, ICE officials have announced the agency soon will issue a new performance plan that will lay out specific program objectives and outline how and under what circumstances state and local law enforcement agencies will be permitted to use 287(g) authority.

ICE concurred with all of the recommendations in GAO's recent report, including the suggestion that the memoranda of agreement between the federal government and its state and local partners make explicit the extent of ICE supervision of the section 287(g) programs and specify what types of data state and local law enforcement agencies should be reporting.

ICE's decision to review the section 287(g) program comes amid a broader Department of Homeland Security (DHS) review of other enforcement initiatives. For example, Homeland Security Secretary Janet Napolitano ordered a review of a recent ICE raid in Bellingham, Washington, which was the first such worksite enforcement operation since the Obama administration took office. During his campaign, President Barack Obama criticized worksite enforcement raids, which he said were generally "ineffective."

ICE officials have also revised the policies governing the National Fugitive Operations Program, directing fugitive operations teams to prioritize finding and detaining unauthorized immigrants with outstanding deportation orders and criminal backgrounds.

The program came under media and congressional scrutiny after reports found that beginning in 2006, each fugitive operations team was directed to arrest 1,000 unauthorized immigrants each year without considering whether those arrested had criminal convictions or prior deportation orders. According to media reports, ICE altered its guidelines in February so as to no longer require teams to meet an annual quota of 1,000 arrests.

http://www.ilw.com/articles/2009,0407-chishti.shtm

1382 days until we get a NEW PRESIDENT. Maybe the next one will revoke this the first day

NEXT !!!!!

One of the stupid things about this argument is that you can not always tell the extent of criminal activity when you stop someone for a back head light being out and/or for running a red light, etc. Often where there is smoke there is fire! So how can police determine the extend of crime levels. The answer is that they can not.

287 (g) works and the Gov't know that it works, the dirty Gov't can't outwardly veto it so they pick it apart and water it down, and tear into the police for doing their jobs.

It seems we can count on Obama's Washington to enforce laws that help the illegals, corporate elites, our enemies, and of course, themselves. Never the American people!

Absolutely right, ELE! Local police need to know who they are dealing with in every case for their own safety. How do they know that this guy does not have multiple violations of reentering the country if they stop him for speeding or parking in front of a fire hydrant.
Additionally, the gov't is the repository of statistics, and this deprives them of one important criteria. Many insurance companies also rely on these statistics to adjust their car insurance rates. Too many illegals on the roads means the rest of us pay more, and the insurance companies definitely want to know.

This is BS...we need to hound congress and let them know we want all the immigration laws enforced...no more free passes!!


Moving to news stories!

Another backdoor illegal alien amnesty. Obama and Napolitano don't give a horse's ass about suffering and struggling Americans victimized by illegal alien identity thieves, murderers, rapists, child molesters, job stealers and other criminals who now have been given the green light to violate our laws, borders, sovereignty, use stolen identities and are rewarded for this with work permits and amnesty. Those two frauds, crooks and treasonous wastes of tax payer dollars only give a damn about cheap labor for their union masters and more illegal alien voters to maintain their sorry asses at the corrupt table of power.

Originally Posted by retiredairforce

Another backdoor illegal alien amnesty. Obama and Napolitano don't give a horse's ass about suffering and struggling Americans victimized by illegal alien identity thieves, murderers, rapists, child molesters, job stealers and other criminals who now have been given the green light to violate our laws, borders, sovereignty, use stolen identities and are rewarded for this with work permits and amnesty. Those two frauds, crooks and treasonous wastes of tax payer dollars only give a damn about cheap labor for their union masters and more illegal alien voters to maintain their sorry asses at the corrupt table of power.

Ditto....