Tuesday, December 21, 2010

Many reasons not to implement Immigration program: "Secure Communities"

Currently, when the police arrests a suspect, their fingerprints are sent to the FBI, which checks a criminal database to verify identity and see if they are wanted in other places. Under “Secure Communities”, the FBI will run fingerprints against an immigration database. If there is no match for an existing record, fingerprints are added to the immigration database (no matter what the immigration status is of the person arrested). If there is a match, the FBI sends information to ICE to check status. ICE then sends information to the police and ICE's local Enforcement and Removal Office, who then determines to hold the individual until ICE can take custody. All of this can happen before formal charges are filed.
Secure Communities often ensnares hard-working immigrants guilty of no crime:
  • "Secure Communities” has not done what it is supposed to do – go after dangerous criminals. 75 % of those deported under this program have NOT been dangerous criminals.
  • In Boston, over half of the deportees – 53% -- have not even been accused of any criminal offense whatsoever.
  • By clogging up the system with low-level or civil cases, “Secure Communities” takes ICE’s resources from actually pursuing real criminals.
“Secure Communities” breeds distrust between police and the community, decreasing safety for everyone:
  • Community members are already expressing alarm and are fearful to have any interaction with police.
  • The program COULD encourage racial profiling. Police would know that everyone they arrest would get an immigration check. We have already heard cases of racial profiling in the Western & Central Mass.
  • Victims of domestic violence are often accused by their abuser and subsequently arrested, making them prime targets for deportation through“Secure Communities”. The program may even discourage women from reporting life-threatening conditions.
The mechanism of “Secure Communities” is seriously flawed:
  • There is no way to appeal for people who believe they have been wrongly identified in ICE’s database.
  • There is no program oversight, to be sure that any of the abuses, such as racial profiling, are not taking place.
  • The governor rightly said before that we need much more data about the program before spreading it widely. We still do not have that data.
Massachusetts already has an effective system for identifying and deporting criminals.
  • MA already has a 287 g accord with the house of corrections, so criminals who are actually convicted already go through the deportation process after serving their time.
  • This system could potentially tie up bed space in local jails, where people are held before transfer to ICE.
The governor’s rationale for signing on now doesn’t make sense.
  • The Governor claims that he is legally required to sign-on to Secure Communities. This is false — there is no legal requirement to sign-on. ICE plans to make Secure Communities national by 2013, but they will do so regardless of whether a jurisdiction wants it or not.
  • The Governor is claiming that he is signing on to Secure Communities in order to "have a seat at the table". There is no table. In prior discussions between state officials and ICE, ICE has said that there is no flexibility and that they are not willing to put any limitations on their enforcement authority.
ICE’s claim that this program focuses its efforts on “Dangerous Offenders” is dubious for three reasons:
  • There is no reason to believe that ICE resources are that limited.
  • ICE resources expand every year, so even if this claim is true now, it won't be true in the near future.
  • The majority of dangerous offenders are serving time in prison. ICE resources won't be used on them until their prison terms are up, leaving resources free to go after other immigrants.
This is a problematic program that will not properly secure our communities!

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The opinions expressed in this blog are those of the Massachusetts Immigrant & Refugee Advocacy Coalition (MIRA) and do not represent the views of MIRA's member organizations.