Secure Communities Costs Los Angeles County More Than $26 Million A Year

Secure Communities Costs Los Angeles County More Than $26 Million A Year: Report

Posted: 08/23/2012 11:56 am Updated: 08/23/2012 12:05 pm

WASHINGTON -- Los Angeles County is spending more than $26 million a year to hold undocumented immigrants under a federal immigration enforcement initiative, individuals it would otherwise release, according to a report on Thursday. Critics say that demonstrates the high cost of the program, in which some local governments would rather not participate.

The report by Justice Strategies found that the cost of Secure Communities, a cooperative program between local police and Immigration and Customs Enforcement, is steep mainly because jails hold suspected undocumented immigrants are held an average of 20 days longer at ICE's request than they otherwise would. The advocacy group examined public records from the Los Angeles County Sheriff's Department provided to the National Day Laborer Organizing Network.

Extending those numbers statewide, Justice Strategies estimates that California taxpayers spend $65 million each year to detain immigrants for ICE.

Los Angeles County first signed on to Secure Communities in August 2009, when the program was just gearing up.

The initiative is now in force in 97 percent of the country -- 3,074 of 3,181 jurisdictions -- with the goal of 100 percent application by the end of the year. As Secure Communities expanded, it became increasingly controversial, from its troubled rollout to concerns that it nets non-criminals and makes communities fearful of police.

The program works by sending fingerprints of arrested individuals to ICE, which uses them to screen for deportable immigrants. If ICE finds a match, the agency asks local law enforcement to hold the person until federal authorities can come pick up the arrestee. Those holds, called detainers, are supposed to last 48 hours.

But in Los Angeles County and many other jurisdictions, jails often end up holding immigrants far longer, generating costs that aren't reimbursed by the federal government.

ICE insists the detainers are important for public safety, even though the criminal justice system would release the individuals in question if they were not under a detainer.

"ICE places detainers on aliens arrested on criminal charges to ensure that dangerous criminals are not released from prisons/jails and into our communities," ICE spokeswoman Nicole Navas said in an October 2011 statement. "Even though some aliens may be arrested on minor criminal charges, they may also have more serious criminal backgrounds which disguise their true danger to society."

California may soon have a law barring the detention of immigrants "after that individual becomes eligible for release from criminal custody," except in certain circumstances. Los Angeles Mayor Antonio Villaraigosa supports the legislation, called the TRUST Act, which it has passed in slightly different forms in the state assembly and the state senate. It could soon go to Democratic Gov. Jerry Brown's desk, although he hasn't yet said whether he will sign it.

Similarly, Cook County, Ill., and the District of Columbia have passed measures against holding undocumented immigrants for ICE when they otherwise would be released based on the lack of severity of their accused crimes. ICE offered to pay Cook County for the expenses incurred, according to the Chicago Tribune, but county leaders didn't budge.

To date, ICE has deported 59,535 California immigrants under the Secure Communities program, according to the agency. The Justice Strategies report found that 5,184 people were handed over to ICE by the Los Angeles County Sheriff's Department in the first three months of 2011.

Los Angeles Sheriff Lee Baca has declined to answer other questions about the operation of the program, despite a lawsuit brought by the National Immigration Law Center and the National Day Laborer Organizing Network.

The Los Angeles Times released an editorial on Tuesday criticizing Baca for his refusal to release numbers about the demographics of county jails and the extent of his office's cooperation with ICE.

"Whether the sheriff should be holding illegal immigrants at all isn't the issue, at least in this lawsuit," the editorial declares. "Rather, the questions are whether those undocumented immigrants who are held spend far longer in custody than required and at what cost to taxpayers.

It's time for Baca to release the records that will help answer those questions."

Secure Communities Costs Los Angeles County More Than $26 Million A Year: Report

The Template: California Proposition 187 (1994)

California's Proposition 187 was submitted to the voters with the full support of then Republican governor Pete Wilson. It essentially blamed undocumented immigrants for the poor performance of the state economy in the early 1990s. The law called for cutting off benefits to undocumented immigrants: prohibiting their access to health care, public education, and other social services in California. It also required state authorities to report anyone who they suspected was undocumented. Status: The law passed with the support of 55 percent of the voters in 1994 but declared unconstitutional 1997. The law was killed in 1999 when a new governor, Democrat Gray Davis, refused to appeal a judicial decision that struck down most of the law. Even though short-lived, the legislation paved the way for harsher immigration laws to come. On the other hand, the strong reaction from the Hispanic community and immigration advocates propelled a drive for naturalization of legal residents and created as many as one million new voters.

Arizona SB 1070

The Arizona Act made it a misdemeanor for an undocumented immigrant to be within the state lines of Arizona without legal documents allowing their presence in the U.S. This law has been widely criticized as xenophobic and for encouraging racial profiling. It requires state authorities to inquire about an individual's immigration status during an arrest when there is "reasonable suspicion" that the individual is undocumented. The law would allow police to detain anyone who they believe was in the country illegally. Status: The law was signed into law by Arizona Governor Jan Brewer on April 23, 2010. But it has generated a swirl of controversy and questions about its constitutionality. A federal judge issued a ruling that blocked what critics saw as some of the law's harshest provisions. House: 35-31 (4/12/2011)
Following Arizona's Footsteps: Georgia HB 87

The controversy over Arizona's immigration law was followed by heated debate over Georgia's own law. HB 87 required government agencies and private companies to check the immigration status of applicants. This law also limited some government benefits to people who could prove their legal status. Status: Although a federal judge temporarily blocked parts of the law considered too extreme, it went into effect on July 1st. 2011. House: 113-56 Senate: 39-17
Verifying Authorized Workers: Pennsylvania HB 1502

This bill, which was approved in 2010, bans contractors and subcontractors employ undocumented workers from having state construction contracts. The bill also protects employees who report construction sites that hire illegal workers. To ensure that contractors hire legal workers, the law requires employers to use the identification verification system E-verify, based on a compilation of legally issued Social Security numbers.Status: Approved on June 8th 2010. House: 188-6 (07/08/2010)< a href="http://www.flickr.com/photos/donkeyhotey/" target="_hplink">Flickr photo by DonkeyHotey</a>
A Spin Off of Arizona: Utah HB 497

Many states tried to emulate Arizona's SB 1070 law. However, most state legislatures voted against the proposals. Utah's legislature managed to approve an immigration law based on a different argument. Taking into consideration the criticism of racial profiling in Arizona, Utah required ID cards for "guest workers" and their families. In order to get such a card workers must pay a fee and have clean records. The fees go up to $2,500 for immigrants who entered the country illegally and $1,000 for immigrants who entered the country legally but were not complying with federal immigration law, <a href="http://articles.latimes.com/2011/mar/06/nation/la-na-illegal-immigration-20110306" target="_hplink">according to the LA Times.</a> Status: Law went into effect on 03/15/2011 House: 59-15 (03/04/2011) Senate: 22-5 (03/04/2011)
The Most Comprehensive: Florida HB-1C

Florida's immigration law prohibits any restrictions on the enforcement of federal immigration law. It makes it unlawful for undocumented immigrants within the state to apply for work or work as an independent contractor. It forbids employers from hiring immigrants if they are aware of their illegal status and requires work applicants to go through the E-verify system in order to check their Social Security number. Status: effective since October 1st, 2010
The Hot Seat: Alabama HB 56

The new immigration law in Alabama is considered the toughest in the land, even harder than Arizona's SB 1070. It prohibits law enforcement officers from releasing an arrested person before his or her immigration status is determined. It does not allow undocumented immigrants to receive any state benefit, and prohibits them from enrolling in public colleges, applying for work or soliciting work in a public space. The law also prohibits landlords from renting property to undocumented immigrants, and employers from hiring them. It requires residents to prove they are citizens before they become eligible to vote. The law asked every school in the state to submit an annual report with the number of presumed undocumented students, but this part, along with others, were suspended by federal courts. Status: Approved June 2nd, 2011 House: 73-28 (04/05/2011) Senate: 23-11 (05/05/2011)< a href="http://www.flickr.com/photos/longislandwins/" target="_hplink">Flickr photo by longislandwins</a>