Reform
Policy or Politics? DHS Changes and Expands 287(g) Program
Last Friday, Department of Homeland Security (DHS) Secretary Janet Napolitano announced changes to the controversial 287(g) program—a program which allows state and local police agencies to partner with ICE to enforce federal immigration laws. DHS also announced that, rather than waiting for the new policies to be implemented and tested, it has expanded the problematic 287(g) program with 11 new Memoranda of Agreement (MOAs). The 287(g) program has been broadly criticized by immigrant and civil rights advocates, religious leaders, elected officials and the police themselves. Numerous reports from think tanks, academics, community organizations and police associations have shown that the 287(g) program costs valuable resources, results in mistakes and racial profiling, does not effectively control illegal immigration, and makes it more difficult for the police to serve and protect their communities. Even the government found fault with how the program was being implemented. A March 2009 report by the Government Accountability Office (GAO) found the 287(g) program did not have clear goals and objectives and lacked consistent supervision. Read More
Community Backlash Over Utah’s Flawed Immigration Law
Utah’s “get tough on immigration” legislation, Senate Bill 81 (SB81), went into effect last week on July 1st. The litany of protests from faith groups, local police, and conservatives, however, demonstrates the futility of trying to solve a federal immigration problem through state law. Even Utah Gov. Jon Huntsman Jr. hesitated before signing SB81 into law back in March 2008, hoping the federal government would intervene with a national immigration reform bill before the July 1st implementation date. Read More
Major City Police Chiefs Just Say No To Immigration Enforcement
Tired of spending scant time and resources on immigration enforcement, major city police chiefs called on Congress, Wednesday, to move on comprehensive immigration reform. Like most law enforcement officers across the country, chasing down undocumented immigrants proves to be too much of a strain when faced with real priorities… Read More
PASS ID Act Not An Immigration Solution
Introduced by Sen. Akaka (D-HI) last week with 5 co-sponsors, the “Providing for Additional Security in States’ Identification Act” (PASS ID) (S. 1261) would give states a breather from the costs and restrictions imposed by the REAL ID Act, which became law in 2005 without Congressional hearings and as part of must-pass war funding bill. The PASS ID Act, however, would do little for immigrant access to licenses and nothing for a common sense approach to immigration reform. PASS ID would repeal the REAL ID Act, which numerous states have vociferously opposed as a burdensome, unfunded mandate and akin to creation of a national ID system. Currently, 23 states have passed laws and resolutions opposing the REAL ID Act, including Arizona whose former governor, Janet Napolitano, is now the Secretary of the Department of Homeland Security (DHS). But PASS ID—like REAL ID—sets national standards for driver’s licenses. Driver’s licenses won’t be accepted for federal purposes if they don’t meet the national standards. Read More
Obama Administration Begins Rolling Back Midnight Regulations Left by Bush Administration
While a bill that would reform our immigration system waits in queue behind other issues, like healthcare and climate change, the new Administration has begun a good faith effort to right some of the most egregious wrongs left by the former White House. For example, last week Secretary Napolitano suspended the Bush administration’s policy of deporting widows of fallen U.S. soldiers. The Wall Street Journal reported: Only a few hundred people were at risk of deportation under the policy, but critics viewed it as one of the most painful consequences of President George W. Bush's immigration crackdown. Under the current interpretation of federal law, some immigrants whose American spouses had died faced possible deportation because their legal status was in limbo. The clause, known as the "widow penalty," had resulted in a spate of lawsuits. Read More
Administration Begins Rolling Back Midnight Regulations Left by Bush Administration
Photo by lombardi. While a bill that would reform our immigration system waits in queue behind other issues, like healthcare and climate change, the new Administration has begun a good faith effort to right some of the most egregious wrongs left by the former White House. For example, last week Secretary Napolitano suspended the Bush administration’s policy of deporting widows of fallen U.S. soldiers. The Wall Street Journal reported: Only a few hundred people were at risk of deportation under the policy, but critics viewed it as one of the most painful consequences of President George W. Bush's immigration crackdown. Under the current interpretation of federal law, some immigrants whose American spouses had died faced possible deportation because their legal status was in limbo. The clause, known as the "widow penalty," had resulted in a spate of lawsuits. Read More
Salt Lake City Police Chief Takes a Bite Out of Local Immigration Enforcement
Yesterday, a small group of Utah Minutemen gathered to protest Salt Lake City Mayor Ralph Becker’s and Police Chief Chris Burbank’s decision not to enforce some provisions of SB81—Utah’s immigration legislation that allows the cross-deputization of city officers to enforce federal immigration laws. The legislation is slated to take effect on July 1st. Utah Minuteman President, Eli Cawley, however, claims that the city’s refusal to enforce SB81 is actually protecting lawbreakers at the American people's expense. In their arrogance and wrong-headed insistence on pandering to illegal aliens at the expense of the rule of law and the safety of our people, Becker and Burbank have chosen, by their refusal to enforce SB81, to protect lawbreakers instead of citizens. Right. This coming from the man who when asked about his “biggest concern” with the “Obama presidency” responded, “Amnesty for illegal aliens because he is one.” Although Cawley claims the group is not racially motivated, several protesters were heard shouting at nearby Latino construction workers with such gems as “Go home!” and “Give us back our jobs!” without knowing anything about their immigration status. Clearly, "race" is not a part of this debate. Wait, how does an immigrant look undocumented again? Read More
Arizona Sheriff Joe Arpaio Adds More Flash to His Pan
Anti-immigrant media glutton, Arizona Sheriff Joe Arpaio, doesn’t stay out of the headlines for very long. In March, the menacing Sheriff Arpaio, known for transforming Arizona’s Maricopa County Police Department into an immigration-enforcement agency, made headlines when he became the focus of a Department of Justice (DOJ) investigation for “allegations of discriminatory practices based on a person’s national origin and unconstitutional searches and seizures.” The federal investigation, a result of racial profiling allegations, only makes this latest headline all the more ironic—Sheriff Arpaio now says the Department of Justice is not playing fair in its investigation. Read More
Local Police Report Makes the Case for Federal Enforcement of Immigration Laws
This week the Police Foundation issued a long awaited report, The Role of Local Police: Striking a Balance Between Immigration Enforcement and Civil Liberties. The Police Foundation found that because Congress has failed to move forward with comprehensive immigration reform, states and localities have spent more time and resources curbing immigration themselves at the high cost of protecting their communities from more serious threats to public safety. Among its conclusions, the Police Foundation found that: The costs of participating in the 287(g) program outweigh the benefits. Police officers should be prohibited from arresting and detaining persons to solely investigate immigration status in the absence of probably cause of an independent state criminal law violation. If a local agency enters into a 287(g) MOU, its participation should be focused on serious criminal offenders. Police should develop policies and procedures for monitoring racial profiling and abuse of authority. Local law enforcement agencies should employ community-policing and problem-solving tactics to improve relations with immigrant communities and resolve tension caused by expanding immigration. Read More
Obama’s Controversial Two-Step Moves in Direction of Immigration Reform
After boosting border enforcement, the Obama Administration recently announced that it will also increase funding for a troublesome program started by George W. Bush. The controversial program gives Immigration and Customs Enforcement (ICE) unregulated access to the immigration information of every person in local prisons across the United States. Although Obama may be sending mixed signals as he paves a road to immigration reform—signals that frustrates many of his most steadfast supporters—he also understands that he must smooth the way for immigration reform by restoring the confidence of the American public and prove that the government is capable of upholding the rule of law. Immigration enforcement is fundamentally a federal responsibility, but state and local governments can and should play a role in helping the federal government remove violent criminals from American society. Obama's focus on catching hardened criminals represents the right prioritization of resources that are being funneled in the wrong direction. Rather than addressing the serious problems associated with the Bush Administration's "Secure Communities" program, Obama's 2010 budget, which allots $200 million for the program, seeks to expand rather than mend the deeply flawed initiative. Read More
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