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!

Stand for Public Safety

The Patrick Administration abruptly reversed course last week and announced it would sign a Memorandum of Understanding with Immigration and Customs Enforcement (ICE), entering the state into the controversial "Secure Communities" program. (See previous post for details)

Law enforcement enrolled in the program automatically runs fingerprints of all arrested persons against an ICE database.In practice, however, the program has had numerous problems. Nationally, almost 80% of those deported have not been dangerous criminals, and in Boston, over half of those deported have not been guilty of any crime (immigration violations are generally a civil, not a criminal, offense).The program is also criticized by immigrant and civil rights advocates for potentially increasing racial profiling, and for decreasing levels of trust between law enforcement and immigrant communities

CALL Governor Patrick NOW at 617-725-4005 and tell him that you disapprove his agreement with ICE and not to implement this racial bias program in our state!

Sample Script:

My name is ­­­­­­­­_____________ and I live in the city/town of ___________. I am calling Governor Patrick to say that I disapprove his intention to sign the Secure Communities agreement with ICE, when it's NOT mandatory. The Governor should cancel his decision that will increase racial profiling and decrease trust between law enforcement and immigrant communities. Thank you!

Join Centro Presente and advocates TOMORROW in denouncing Massachusetts' intention to sign on to 'Secure Communities'

When: Wednesday, Dec. 22, 2010 at 11:00 AM
Where: In front of Massachusetts State House

Gov. Patrick to sign "Secure Communities" agreement

Immigrant and Refugee Community Oppose Patrick's"Secure Communities" Accord
Agreement called premature and potentially dangerous

BOSTON -- The Patrick Administration abruptly reversed course today and announced it would sign a Memorandum of Understanding with Immigrant and Customs Enforcement (ICE), entering the state into the controversial "Secure Communities" program. Law enforcement enrolled in the program automatically runs fingerprints of all arrested persons against an ICE database. The federal government's intention is to flag and detain those with immigration violations, thus improving the apprehension and deportation of dangerous criminals, or "Level 1" offenders. In practice, however, the program has had numerous problems. Nationally, almost 80% of those deported have not been "Level 1" violators, and in Boston, over half of those deported have not been guilty of any criminal behavior whatsoever (immigration violations are generally a civil, not a criminal, offense). The program is also criticized by immigrant and civil rights advocates for potentially increasing instances of racial profiling, and for decreasing levels of trust between law enforcement and immigrant communities.

Governor Deval Patrick had previously named these and other systematic concerns as issues needing further scrutiny before the state entered into any formal "Secure Communities" accord. Nationally, the program has been slowed in jurisdictions that expressed similar misgivings, which has called into question the ability ICE to appropriately implement "Secure Communities" nationwide by 2013.

"Governor Patrick has previously shown great sensitivity to the concerns expressed by the state's immigrant and refugee communities," said Eva Millona, Executive Director of the Massachusetts Immigrant and Refugee Advocacy Coalition. "That is why we were shocked and deeply disappointed that he would reverse course without any apparent need. We continue to believe that the state should hold off from signing any "Secure Communities" accord until the program is fully scrutinized and its serious flaws addressed. We can only conclude that the governor is receiving faulty legal advice, and we urge him and his advisers to reconsider this unnecessary and potentially dangerous decision at this time."

Press Contact: Franklin Soults, Communications Director 617-350-5480 ext. 204, 216-849-2271, fsoults@miracoalition.org

The charts below, compiled by ACLU, show ICE data of Secure Communities program implemented in Boston. Even though ICE claims that the program is targeted at serious "Level 1" offenders, more than half of all detainers placed and deportations carried out are of non-criminal individuals.

Another Great NY Times Editorial; Police Chiefs Support Driver's Licenses for Undocumented Immigrants

The New York Times was at it again today, elaborating on the relationship between comprehensive immigration reform and supporting worker's rights. One key point that is often forgotten in the debate over immigration, jobs, and wages is this: who holds the power. As the editorial points out:

“Workers don’t depress wages. Unscrupulous employers do,” said Terence O’Sullivan, president of the Laborers’ International Union of North America.

The weekend found this article on driver's licenses for undocumented immigrants, an issue that has garnered a good deal of attention across Massachusetts over the past few weeks. Many anti-immigrants complain about the cost of providing non-existent benefits to undocumented immigrants; yet when an option is brought up that would save time and money and increase public safety, they aren't happy either.

News Round-up: Sannicandro on Why Driver's Licenses Make Sense; Mitt Romney Sees the Light on Immigration

Following up on our post supporting Rep. Richardson of Framingham, Rep. Sannicandro penned an op-ed in the MetroWest Daily News explaining his support of driver's licenses for undocumented immigrants. Why would he support such a thing? Two main reasons:

• It promotes public safety. Allowing the Registry of Motor Vehicles to ensure that all driver's have passed the appropriate tests (written, road, eye) and understand the rules of the road is essentail for public safety.
• It makes financial sense. Estimates suggest that the Commonwealth would generate an additional $30 million in revenue by passing the amendment filed by Rep. Sannicandro. Turning down $30 million in revenue during these challenging economic times is akin to reducing $30 million of funding for vital social programs in MA.

And, finally, in a sign that the apocalypse is nearby, Mitt Romney has come out in support of Comprehensive Immigration Reform. It may not be for social, economic, civic, or humanitarian reasons (of course, it's political) but it is nice to see the person that former Rep. Tancredo, a staunch anti-immigrant, endorsed for president coming out on the right side of the issue.

Another Successful New Americans Agenda Meeting - March 18th in Fitchburg

The sixth and final New Americans Agenda (NAA) community forum took place on Wednesday, March 18th in Fitchburg, MA. Over 150 people attended the lively meeting, which saw testimony from immigrants, immigrant advocates, elected officials, and other testifiers, including the chief of police in Fitchburg, who spoke of the need to provide undocumented immigrants with driver's licenses to increase public safety.

The series of meetings has been well attended with people from all over the Commonwealth providing a broad range of recommendation to ease the integration of immigrants into all facets of life in Massachusetts. The result of the public and policy expert meetings will be a report delivered to Governor Patrick in July with actionable recommendations for departments and agencies across state government. The NAA is the result of an executive order signed by Patrick in July of last year.