287(g) & Secured Communities. Effective Programs or Discriminatory Practices. 287(g). Delegation of Immigration Enforcement to Local Law Enforcement Agencies. History of 287(g). 1996 – IIRIRA created the program
Effective Programs or Discriminatory Practices
Immigration Enforcement to
Local Law Enforcement Agencies
Not used because of fears that the local law enforcement would discriminate against immigrants
Currently 73 local law enforcement agencies have programs, with 1,000 trained officers. 30 more agencies are on a waiting list. Over 79,000 people have been identified as undocumented.
Both goals are accomplished by using local law enforcement to investigate, arrest, detain and transport criminal immigrants.
31 of 67 agencies, additional 12 use a joint correctional/task force program
Only 3 agencies
24 of 67 agencies, additional 12 use a joint correctional/task force program
Programs in county jails that identify immigrants with criminal convictions or arrests
Programs that stop people for traffic offenses and/or suspected smuggling
Program of officers specially trained in immigration law that work with other officers to investigate crimes
Example – racial profiling in Maricopa County, AZ
Another Collaboration between ICE and Local Law Enforcement
3 Levels of Crimes
“ICE will focus its efforts on the most dangerous criminal aliens currently charged with, or previously convicted of, the most serious criminal offenses. ICE will give priority to those offenses including, crimes involving national security, homicide, kidnapping, assault, robbery, sex offenses, and narcotics violations carrying sentences of more than one years.”
Secured Communities Fact Sheet, Sept. 1, 2009
Human rights groups argue that Secured Communities do not fix the problems of 287(g); they compound them.
While little data is available on the implementation of Secured Communities, the Warren Institute’s September 2009 report of ICE’s Criminal Alien Program discovered a dramatic increase of discretionary arrests of Latinos for petty offenses.
ICE does not provide for a complaint or redress procedure for individuals erroneously arrested, identified by DHS databases, or detained by DHS.
Although Secured Communities is new, the program may suffer the lack of ICE oversight of 287(g) programs. No regulations on the implementation of Secured Communities exist. DHS fact sheets and press releases do not mention any requirements for data collection, audits, or oversight.
Local law enforcement and the Center for Immigration Studies (CIS) reports that Latino communities statistically report crimes at the same levels as non-Latino communities.
However, local law enforcement and CIS have not surveyed to members of Latino and other immigrant communities to see if Secured Communities and 287(g) programs produce a chilling effect on immigrants. Immigrants may not trust local law enforcement because they see local law enforcement as ICE
Conclusion – Without a culturally sensitive survey of members of immigrant communities on how they perceive both types of programs, proponents and opponents will not know if a chilling effect exists.
Immigration & Human Rights Law Firm, PLLC
9119 Church Street
Manassas VA 20110