Janet Napolitano clarifies immigration program

Carla Marinucci, Chronicle Political Writer

Monday, April 25, 2011


Homeland Security Secretary Janet Napolitano on Monday acknowledged a storm of criticism from lawmakers and immigration-rights supporters over a federal effort targeting criminal immigrants, saying there has been confusion over whether local communities can choose not to participate in the program known as Secure Communities.

But she added that local governments cannot decide on their own to "exclude themselves" from its fingerprint-checking database.

"This whole opt-in, opt-out thing was a misunderstanding from the get-go ... and we have tried to correct that," Napolitano said during a visit to The Chronicle's editorial board. She said communications from the Department of Homeland Security's Immigration and Customs Enforcement division - known as ICE - were "subject to misinterpretation."

The program, begun in 2008, uses fingerprint data to focus enforcement efforts on arresting serious immigrant criminals. Under the Department of Homeland Security's guidelines, "the fingerprints of everyone arrested and booked are not only checked against FBI criminal history records, but they are also checked" against immigration records.

Federal officials weigh "the immigration status of the alien, the severity of the crime and the alien's criminal history" when deciding the action to be taken, the department says.

Immigrant-rights groups say the program has snagged immigrants guilty of minor offenses or who may have been arrested but never charged with crimes. Those groups and public officials have said the program could dissuade immigrants from reporting crimes and result in racial profiling.

Assemblyman Tom Ammiano, D-San Francisco, has co-sponsored a bill, AB1081, to "honor the rights" of local governments to opt out of the program and would set basic standards for communities that participate. A hearing is scheduled today at the state Capitol. Co-sponsors of the bill, known as the TRUST Act, include Democratic Assemblyman Gil Cedillo, D-Los Angeles, and state Sen. Leland Yee, D-San Francisco.

Community leaders in the Bay Area expressed support for opting out of the plan to ensure that fingerprints and other relevant data would not be forwarded to ICE officials. Santa Clara County supervisors voted to opt out, and San Francisco Sheriff Mike Hennessy has said he would prefer to do so.

Rep. Zoe Lofgren, D-San Jose, has called for an investigation into what she said was "dissembling and deceiving" conduct by ICE officials over whether local communities could stay out of the program. Lofgren said ICE officials had not been "honest with the local governments or with me" and had been "essentially lying" to members of Congress on that question.

Napolitano defended the program Monday as vital to immigration enforcement.

"Where immigration is concerned, the federal government fundamentally sets the policy." She said communities will benefit from the tool.

"Let's assume we have 11 million people in the country illegally," she said. If Congress can provide enough enforcement funding to remove perhaps 400,000 of them annually, she added, "How are we going to set those priorities? One big priority is who is violating criminal laws."

Napolitano was also asked about the Secret Service's request to The Chronicle for permission to monitor phone traffic to the newspaper's headquarters. The request was denied, said David Byers, the newspaper's director of facilities and real estate.

Napolitano was asked if the request was part of a new protocol in her agency. "I don't know the answer," she said, adding that she would look into the matter and get back to the paper.

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