Opting Out of Immigration Enforcement

By
Wednesday, September 01, 2010 at 4:12 pm

Part of Immigration and Customs Enforcement’s much-touted strategy switch has been to focus on deporting illegal immigrants deemed dangerous rather than undocumented people quietly living in the U.S. But immigrants rights groups argue that some of the agency’s enforcement programs, most notably Secure Communities, too often sweep up non-criminal illegal immigrants — and that ICE has been too vague about the process for local jurisdictions to opt out of the program.

Secure Communities, a fingerprint-sharing program between local law enforcement and federal immigration authorities, is technically optional for local law enforcement. But according to advocacy groups and law enforcement authorities, ICE has not produced sufficient instructions for how local jurisdictions can opt out of the program. Difficulties with opting out wouldn’t be so worrisome if the program weren’t so massive, critics argue. As of Aug. 31, the program was implemented in 574 jurisdictions and 30 states, and ICE plans to eventually expand the program nationwide.

On a conference call today, advocacy groups criticized the opt-out process delineated in a Aug. 17 ICE document called “Setting the Record Straight.” The paragraph-long set of instructions for opting out should have been released sooner and more widely, critics of Secure Communities say.

“That is not enough,” says Sarahi Uribe of the Uncover The Truth Campaign and the National Day Laborer Organizing Network. “We demand a clear protocol for opting out to be included in every single Secure Communities arrangement.”

According to ICE’s report, jurisdictions can opt out of the program if they submit a formal request and are granted permission by state and federal officials:

If a jurisdiction does not wish to activate on its scheduled date in the Secure Communities deployment plan, it must formally notify its state identification bureau and ICE in writing (email, letter or facsimile). Upon receipt of that information, ICE will request a meeting with federal partners, the jurisdiction, and the state to discuss any issues and come to a resolution, which may include adjusting the jurisdiction’s activation date in or removing the jurisdiction from the deployment plan.

In areas such as San Francisco, where “sanctuary policies” for illegal immigrants are on the books, local law enforcement officials say previous requests to opt out were denied. San Francisco Sheriff Mike Hennessey says he made another attempt yesterday to opt out of the program in light of the instructions released by ICE. (His letter to ICE is available here.) Hennessey says he did not hear back from ICE, but got a response through ICE’s statement to the San Francisco Examiner:

However, a spokeswoman for ICE, Virginia Kice, said because Brown has already told the federal government the state will participate, San Francisco must also participate.

“The state attorney general has made it clear that this is a statewide public safety issue,” Kice said.

But Richard Rocha, a spokesman from Immigration and Customs Enforcement, tells me in an email that ICE plans to review Hennessey’s request to opt out of the program and will discuss his concerns in a meeting with other agencies, including the California Department of Justice. “Based upon those discussions, ICE and its partners will examine the options and seek a feasible resolution, which may include changing the jurisdiction’s activation status,” he writes.

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Comment posted September 1, 2010 @ 9:34 pm

They all need to go so what difference does it make in the order.

However I do agree that if the person has an active application to become a citizen and that citizenship is to happen in the next 12 months then the person should be given the option leaving or getting to pay a $5000.00 fine and staying.


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Comment posted September 2, 2010 @ 2:19 am

@McMorty: You obviously have no idea how the system works, which is the problem with most people who talk immigration these days. What do you mean “an active application to become a citizen?”. You think people can just apply for citizenship??? First you need a Greencard. And short of marrying a US Citizen that has become a near impossibility because of the vast bureaucracy — which is why there are so many illegal immigrants. Once you have a Greencard, it takes 5 years to get citizenship, but by the time you have a Greencard you really don't care anymore. You guys all think that there is this black-and-white differentiation between “legal” and “illegal” immigrants: the truth is that a majority of the immigrants in this country were illegal at some point. So my suggestin would be that you study up on the topic before you opine on it.


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OK. Let ICE get the really bad illegal aliens and let the States get the others. All illegal aliens are destroying this Country, and one would have to be almost blind not to see this. How much longer do we have to support these illegal aliens? How much longer do we have to school their illegal alien children? How much longer are we going to let them have our jobs? How much longer are we going to put up with all the crime, stolen identities, forged documents, fake green cards? How much longer are we going to allow these illegal aliens to send money out of this Country and bring our Country down? Oh, amnesty will correct all this. WRONG! Nothing will change except we wouldn't be able to call them illegal aliens any more. Let's get rid of these illegal aliens! Let's get them back to their own Country where they belong!

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“We the People of the United States, in Order to form a more Perfect Union, establish Justice, insure Domestic Tranquility, provide for the Common Defense, promote the General Welfare, and Secure the Blessings of Liberty to ourselves and our Posterity,”…We support Immigration Reform. We deserve a coherent answer to our concerns about immigration from our Government and the new border security bill is a great start foreign criminals shall be the main focus. It’s all about economics! Removing undocumented workers from the U.S. would sum a total loss of $1.8 trillion in annual spending on top of a $651.5 billion reduction in annual economic output, according to a study by the economic analysis firm The Perryman Group. It would cost about $28 billion per year to apprehend illegal immigrants, $6 billion a year to detain them, $500 million for extra beds, $2 million to judicially process them and $1.6 billion to transport them home; summing a total of $230 Billion as the outrageous amount it would cost over the next five years to enact the scenario of the mass-deportation caucus and deport all the undocumented population, according to a report by the Center for American Progress. In contrast Legalization of undocumented immigrants would significantly expand the economy—by a cumulative $1.5 trillion in gross domestic product over 10 years. A deportation approach, by contrast, would have the cumulative effect of draining $2.5 trillion over 10 years from the U.S. economy. Illegal immigrants are paying taxes to Uncle Sam too. Paycheck withholding collects much of the federal tax from illegal workers, just as it does for legal workers. But some illegal immigrants choose to file taxes and write a check come April 15, using a tax filing number offered by the IRS so it can collect income tax from foreign workers. The latest figures available indicate it will amount to billions of dollars in federal income, Social Security and Medicare taxes this year. One rough estimate puts the amount of Social Security taxes alone at around $9 billion per year. Most importantly the current immigration reform proposal will promote Social Security and Medicare funding without rising taxes to current citizens by imposing a waiting period of 8 years for the legalized immigrants to be able to naturalize as part of their penalty. Social Security and Medicare funding for current citizens can be achieved with the new proposal for immigration reform because in the meanwhile legalized immigrants won’t access benefits after we do the tax contributions the Legalized immigrants will pay to us during 8 years will create a surplus that will warranty an outgoing retirement benefits collection by current citizens without increasing our taxes today. The assumption of transferable skills claimed by the pro-fascism neo-Nazi caucus is ridiculous most unemployed American skill sets and education backgrounds are not match for jobs that immigrants are taking.In contradiction to secure the blessings of Liberty to ourselves and our Posterity, the Arizona confederate approach will create a monumental chaos around the Nation. Our domestic tranquility as citizens will be lost and the states will spend more in lawsuits and law enforcement misdirected resources at the cost of our safety on top of the massive federal costs of mass deportations. At the end is about fiscal responsibility and ensuring our economic recovery.


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