Thread: MA: Local police looking at ICE immigration program

Local police looking at ICE immigration program.By David Riley/Daily News staff
The MetroWest Daily News
Posted Oct 07, 2010 @ 12:01 AM

As federal officials press the state to get on board with a national program to deport illegal immigrants who commit major crimes, local police chiefs are trying to get up to speed on the initiative.

The program has also become a political football in the governor's race, with Republican Charlie Baker and independent Tim Cahill slamming Gov. Deval Patrick for not acting sooner. Baker recently accused Patrick of "turning a blind eye to the problem."

Patrick's administration said it is now in talks with U.S. Immigration and Customs Enforcement, while suggesting the federal agency until now had done little to explain the program.

"There's been a lack of consistency and clarity from ICE over the years as to what the parameters and restrictions of the program are, and what it is, if anything, they would like the state to do," said John A. Grossman, an undersecretary in the state Executive Office of Public Safety.

Under the program, called Secure Communities, local and state police departments would automatically share fingerprints of all people arrested, checking them against a federal database, according to an ICE fact sheet.

If there is a match, ICE would check the person's immigration status. The federal agency says it would prioritize and possibly seek to hold those accused of major crimes, such as murder or sex offenses.

ICE hopes to have the program running nationally by 2013.

Some immigration advocates worry the program could lead to deportation for people who have not committed serious crimes and could discourage immigrants from working with police.

"The work of the local police is to keep local communities safe from crime," said Frank Soults, communications director for the Mass. Immigrant and Refugee Advocacy Coalition. "To do that, they need to have good relations with everyone living in the community, which is why many police chiefs are wary of being part of Secure Communities."

In participating towns and cities, more than one-quarter of those deported had not committed a major crime, according to a study this year by the Center for Constitutional Rights, National Day Laborers' Organizing Network and the Kathryn O. Greenberg Immigration Justice Clinic of the Benjamin N. Cardozo School of Law.

ICE has disputed those findings.

Locally, police chiefs are reviewing what the program could mean for their departments.

Framingham Police Chief Steven Carl could not be reached for comment yesterday. His department last year withdrew from a separate program that allowed officers to enforce immigration laws after Carl said U.S. authorities pressed the department to expand its role.

Milford Police Chief Thomas O'Loughlin said there are legal nuances to work out between local and federal law enforcement, but for the most part, he has no problem with Secure Communities.

"I don't have a beef, as long as they come and get them," he said.

However, O'Loughlin said he does not think local authorities can participate in the program without the state's OK, because fingerprints are processed through a state system before going to ICE.

There are potential conflicts to work out, he said. For example, while federal officials could ask for a suspect to be held for days, state law requires them to go to court the next business day, the Milford chief said.

Hudson Police Chief Richard Braga said Secure Communities could work in his town if it deals only with illegal immigrants who have committed major crimes. But, he said, it could prove too much for a local department if handled more broadly.

"I would strongly support a program that would enhance information sharing, and would help law enforcement hold and deport illegal aliens who have committed crimes," Braga said. "However, I would not embrace a plan that would serve to target law-abiding residents or those who commit minor infractions simply because they happen to be here illegally."

In Marlborough, Police Chief Mark Leonard said that, based on a quick review of Secure Communities, he would support the program if it does indeed focus on "true criminal aliens."

The measure may actually benefit immigrants, he said, by dealing with criminals who prey on their community from within.

"We've had incidents where we've had people who will commit crimes against people in their community because they don't think people will report it to the police," Leonard said.

Soults said Boston is now the only Massachusetts city participating. Washington and San Francisco have sought to opt out, he said, but it is unclear whether they have that option.

"There's a lot that's confusing and unclear about this so far," he said.

In an op-ed piece submitted to the Daily News, Jessica Vaughan of Franklin, director of policy studies at the Center for Immigration Studies, said claims of immigrants being likely to mistrust police are "unfounded and misleading." There is no evidence, she said, of a chilling effect or abuse of the program.

Vaughan, whose group favors tighter immigration control, also questioned how people can trust law enforcement if officers must look the other way at immigration law violations.

She wrote that the only people who need fear Secure Communities are those who commit serious crimes.

Grossman said the Patrick administration had viewed a memo ICE asked the state to sign a year ago as a formality that required Massachusetts to do nothing differently. The state had not heard otherwise until ICE officials recently said so in the press, he said.

"We don't believe we've held this up in any way," Grossman said. "There is at least now a suggestion that we have, which is why we are engaging with all due speed to figure out what the deal is."

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shame on the people of MASS , it's wrong of them to go after illegal immgrants ....

everyone knows MASS is a welcoming state if your an IA's you can get food stamps , PUBLIC HOUSING , free medical care etc ....

the people of MASS should know their place and simply be quite and pay the tax burden that's assicoated with the illegal immgrants ...

BE QUITE AND CARRY YOUR BUDEN ! BECAUSE THAT'S WHAT YOUR THERE FOR , TO PROVIDE A BETTER LIFE FOR OTHERS AND NOT YOURSELVES!