Thread: DHS SUED for Refusal to Disclose Records on Massive Immigration Enforcement Program

DHS SUED for Refusal to Disclose Records on Massive Immigration Enforcement Program

By: Editorial Staff
March 12, 2012, 2:32 pm
For Immediate Release

Washington D.C. - Last week, an alliance of national immigration advocacy organizations filed suit against the Department of Homeland Security (DHS), seeking to compel the release of documents concerning the agency’s Criminal Alien Program (CAP).

Seeking greater transparency, the American Immigration Council (AIC) and the Connecticut chapter of the American Immigration Lawyers Association (AILA) brought the suit under the Freedom of Information Act (FOIA), which requires federal agencies to produce responsive, non-exempt records upon request. For years, the public has been unable to scrutinize CAP because DHS has shrouded the program in secrecy. AIC and AILA Connecticut requested a variety of documents related to CAP last year, but DHS has not produced a single one.

CAP is the workhorse of the federal immigration enforcement system. Under CAP, Immigration and Customs Enforcement (ICE) agents are stationed in prisons and jails, visit other detention facilities, and initiate deportation proceedings against people convicted of criminal offenses. However, CAP also sweeps up individuals who have been arrested but never convicted of any crime. And while DHS is still rolling out Secure Communities, CAP — a more far-reaching program — has been operational for years. Over the past five years alone, CAP has led to the arrest of more than a million people, and the program was implicated in approximately half of all removal proceedings in FY 2009.

“Although CAP supposedly targets the worst criminal offenders, the limited information we have shows that this is not always the case,” according to Melissa Crow, Director of AIC’s Legal Action Center. “Like Secure Communities, this insidious program seems to target individuals with little or no criminal history for deportation and to incentivize pretextual stops and racial profiling.”

“CAP is the elephant in the room when it comes to immigration enforcement,” said Caitlin Bellis, a law student intern at the Worker and Immigrant Rights Advocacy Clinic of Yale Law School, which represents AIC and AILA, together with co-counsel at AIC. “The American people have a right to know how ICE is operating in their communities.”
"Like any other federal agency, ICE is subject to FOIA and should not be permitted to avoid its legal obligation to disclose relevant records" said Rita Provatas, Chair, AILA Connecticut Chapter. "We hope this information will enable us to determine how CAP is affecting immigrants in Connecticut and elsewhere."

The case is American Immigration Council, et al., v. Department of Homeland Security, No. 3:12-cv-00355-WWE (D. Conn. filed Mar. 8, 2012).

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For more information, contact Wendy Sefsaf at wsefsaf@immcouncil.org or 202-507-7524

DHS SUED for Refusal to Disclose Records on Massive Immigration Enforcement Program

Enforcement & Removal
» Criminal Alien Program

Fact Sheet: Criminal Alien Program

March 29, 2011

The Effectiveness of the Criminal Alien Program (CAP)

CAP aims to identify all foreign born nationals incarcerated in jails and prisons in the United States. This is accomplished by interviewing the foreign born national or screening the foreign born national’s biographical information. Enforcement and Removal Operations (ERO) tracks CAP paperwork regarding criminal aliens, the number of encountered criminal aliens, the number of issued detainers and the number of arrested criminal aliens. Although ERO initiates removal proceedings against criminal aliens through CAP, the criminal aliens may remain in prison or jail to complete criminal hearings or sentences.

Prioritization
CAP prioritizes the detention and arrest of criminal aliens using a risk-based approach. The program identifies all criminal aliens in jails and prisons throughout the United States and initiates removal proceedings based on their perceived threat to the community.

Agreements of Cooperation in Communities to Enhance Safety and Security (ICE ACCESS)

CAP is part of U.S. Immigration and Customs Enforcement’s (ICE) comprehensive strategy to build cooperative relationships with local law enforcement agencies. There is no “one size fits all” solution that applies to every community in the country. Special Agents in Charge (SACs) and Field Office Directors (FODs) work closely with their local counterparts to find solutions that meet their needs. The complete list of ICE ACCESS components is available online at ICE ACCESS.

Mission

The Criminal Alien Program (CAP) identifies, processes and removes criminal aliens incarcerated in federal, state and local prisons and jails throughout the United States, preventing their release into the general public by securing a final order of removal prior to the termination of their sentences.

Background

ICE ERO assumed responsibility for the Office of Investigations (OI) Alien Criminal Apprehension Program (ACAP) on June 1, 2007. ICE aims to arrest and remove these individuals from the community by securing a final order of removal before they are released from prison/jail. Identifying and processing incarcerated criminal aliens, prior to release from jails and prisons, decreases or eliminates the time spent in ICE custody, which reduces the overall cost to the federal government.

Additionally, the program supports the aggressive prosecution of criminal offenders identified by ERO officers. ERO, in conjunction with the U.S. Attorney’s Office, actively pursues criminal prosecutions when offenses of the nation’s criminal code and immigration laws are discovered. This ensures public safety and provides a significant deterrent to recidivism.

Components

Jails and Prisons
ERO officers and agents assigned to CAP in federal, state and local prisons and jails throughout the country screen inmates and place detainers on criminal aliens to process them for removal before they are released to the general public. After the screening process and interviews, ERO initiates proceedings to remove the criminal aliens from the United States.

Violent Criminal Alien Section (VCAS)
Initiated in 2008, the Violent Criminal Alien Section (VCAS) screens recidivist criminal aliens encountered through CAP, the National Fugitive Operations Program and the Law Enforcement Agency Response Unit. The VCAS seeks criminal prosecution to deter and reduce future recidivism rates of violent criminal aliens. In coordination with the U.S. Attorney’s Office, the VCAS prioritizes federal criminal prosecution of egregious recidivist criminal aliens for felony violations. Illegal reentry after deportation in violation of 8 USC 1326 is currently the most prosecuted federal offense nationwide.

Joint Criminal Alien Removal Taskforces
In response to the 2009 congressional mandate to locate “at large” criminal aliens, ERO initiated Joint Criminal Alien Removal Taskforces (JCART). JCART seeks, locates and arrests at-large criminal aliens with convictions such as drug trafficking offenses, crimes of violence and sex offenses. JCART works with other agencies such as probation and parole offices, the United States Marshal’s Service, ICE Office of Investigations (OI), U.S. Customs and Border Protection (CBP), Bureau of Prisons (BOP) and at the request of local law enforcement, conducts special operations. JCART officers target criminal aliens that are at-large in the community who have been released from federal, state or local custody.

Detention Enforcement and Processing Offenders by Remote Technology (DEPORT)
Approximately 27 percent of inmates in Federal Bureau of Prisons (BOP) custody are non-U.S. citizens. ERO created the DEPORT Center in Chicago to process this population through CAP. ERO officers and agents assigned to the DEPORT Center conduct interviews of BOP inmates nationwide using video teleconference equipment. Through the combined effort of the DEPORT Center and local ERO resources, criminal aliens from all federal detention facilities are taken into ERO custody upon completion of their sentences.

Rapid Removal of Eligible Parolees Accepted for Transfer
This program is a joint partnership with state correctional/parole agencies. It helps ICE more effectively identify and expeditiously remove criminal aliens from the United States. By allowing for the conditional, early release of non-violent aliens with final orders of removal from the United States, the program also reduces the burden on American taxpayers.

U.S. Dept of Homeland Security

Fact Sheet: Criminal Alien Program Factsheet

More info @

Fact Sheet: Criminal Alien Program Factsheet