Napolitano Confirms There Is No Opt-Out Option for Secure Communities

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Wednesday, October 06, 2010 at 5:18 pm

Department of Homeland Security Secretary Janet Napolitano confirmed today that Secure Communities, a program that provides federal immigration officials with fingerprint data from local police, is mandatory for local jurisdictions. “We don’t consider Secure Communities an opt in/opt out program,” Napolitano said, according to an Immigration and Customs Enforcement spokeswoman. Her statement was official confirmation of news The Washington Post broke last week: Despite allowing local communities to believe they could opt out of sharing fingerprints with ICE, DHS actually set up the program to go over their heads to get the information directly from the FBI.

Local law enforcement agencies share fingerprints of those they arrest with the FBI to detect fugitives. Some, though, do not want to share this information with immigration enforcement. Four communities — Washington, San Francisco, Santa Clara, Calif., and Arlington, Va. — have so far attempted to opt out of Secure Communities, arguing the program can damage trust in police and threaten public safety.

This is a marked change from previous statements from ICE and Napolitano herself. ICE laid out a process for opting out of the program in an August document called “Setting the Record Straight,” writing that communities could be removed from the “deployment plan” after meeting with state officials and ICE.

In a Sept. 7 letter to Rep. Zoe Lofgren (D-Calif.), Napolitano confirmed the steps for communities to opt out of the process, even if she never used the words “opt out”:

A local law enforcement agency that does not wish to participate in the Secure Communities deployment plan must formally notify the Asisstant Director for the Secure Communities Program, David Venturella…. The agency must also notify the appropriate station identification bureau by mail, facsimile, or e-mail. If a local law enforcement agency chooses not to be activated in the Secure Communities deployment plan, it will be the responsibility of that agency to notify its local ICE field office of suspected criminal aliens.

It sounds like it’s optional there, but an ICE official confirmed to TWI today that communities can only opt out of receiving information back about the illegal immigrants they detain — not actually opting out of sharing the biometric information itself. As The Washington Post reported last week, Secure Communities is actually an information-sharing program between the Department of Justice and the Department of Homeland Security. Communities cannot opt out of giving their data to the FBI, so they also cannot opt out of the data going to ICE.

That also directly contradicts previous statements from the government. Ronald Weich, assistant attorney general, restated Lofgren’s definition of “opting out” in another letter to the congresswoman, implying localities could, in fact, opt out (emphasis mine):

In your letter, you specifically asked for “a clear explanation of how local law enforcement agencies may opt out of Secure Communities by having the fingerprints they collect and submit to the SIBs checked against criminal, but not immigration, databases.” A local law enforcement agency that does not wish to participate in the Secure Communities deployment plan must formally notify the Assistant Director for the Secure Communities program at ICE and the appropriate state identification bureau (SIB).

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26 Comments

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Brittanicus
Comment posted October 6, 2010 @ 10:19 pm

The Grand Canyon State is trying to protect its citizens from a growing population of illegal aliens leeching of public welfare and criminals who have also crossed the border with streams of murderers, rapists and the gutter slop out to promote their nefarious activities on innocent people. Every state should have the right to enact its own immigration laws to protect its own public welfare pool from illegal aliens involvement, assuring financial stability and remove criminal activities, as ICE under the Obama czars are ignoring federal law and refuse to do so. The official figure of ICE illegibly state that numbers are way up on illegal immigrant deportation. However there is an ominous report, that non-criminal in the eyes of ICE agents are not being detained, but are released and fed back onto the streets. Under the Democratic leadership the–REAL–border fence has been gutted to one single fence, instead of TWO. Texas Senator Republican Kay Bailey Hutchinson, John Cornyn authored a secret vote on undermining the 2006 Secure Fence Act. If the original double fence had been built, Arizona would be unlikely to enact the police law and would not have been sued by the Justice Department.

A few American states have joined this retaliation against Governor Brewer, but readily recognized as “Sanctuary Cities” including San Francisco, a extreme Liberal stronghold. This is where patriotic Americans not programmed to Liberal insanity must draw a line in the sand, saying this is an atrocity against the US constitution that Obama's Czars have already violated the “Rule of Law” as only arresting criminal aliens and not detaining average illegal’s with no criminal record back on the street. Enough of this Liberal insurgency and we should pass on the message that all incumbents are to be dismissed by the voter’s empowerment in November.

The Democratic Liberal virus has infected our lawmakers established with Senator Harry Reid, Senator Barbara Boxer, Speaker Nancy Pelosi, Janet Napolitano and all those incumbents are up for a renewal to Washington. Not eliminating them from the already corrupt Senate and House in Washington will be the immediate enactment of open border laws. The-Amnesty–Dream Act, bringing to the US a “Chain Migration” of immediate family members, parents, Sisters, Brother, uncles and aunts. Sick and infirm can take advantage of our ailing hospitals, education for their children–that will be a taxpayers demise. Amnesty for all those already here, which means massive processing of documentation that will also cost billions of dollars.

There is not enough room in my comments to explain the how this issue of illegal immigration–effects us all. But as I have constantly repeated, do your own investigation of those politicians who have appalling immigration records at NumbersUSA, GOOGLE–Illegal alien costs or Voter Fraud. Illegal aliens will try to affect the course of the midterm elections by violating the voting laws–specifically absentee ballots, as they do not need to appear in person. As I have stated America cannot afford any Democrats or Republicans who think we can keep on giving amnesty, to just about anybody? This will eventually lead to overpopulation, water shortages, energy disruption and loss of environment open land Even now water is in short supply in California and other border states.

We are bringing in endlessly a cornucopia of profit for businesses that employ illegal nationals, without any obligation to paying for their health care, children's schooling and welfare. My family doesn't want to contribute tax money to illegal alien medical treatment education for their kids or any of the unaccountable dollars amounts to foreign subjects, including a charge cash card every month. Learn about the corruption amongst our legislators at state and federal level at Judicial Watch.


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Santa Clara Plans to Push Back on Immigration Enforcement Program | immigrationisland.com
Pingback posted October 20, 2010 @ 4:12 pm

[...] that communities could be removed from the program, Secretary of Homeland Security Janet Napolitano confirmed on Oct. 6 that opting out is [...]


Protesters Demand Restraints on Federal Involvement in Immigration Enforcement in New York City Jails | Latin America News Dispatch
Pingback posted October 21, 2010 @ 10:20 am

[...] Earlier this month, Homeland Security Secretary Janet Napolitano reiterated that she would not let communities choose whether to enter the program. [...]


More Confusion Over Secure Communities: Did NY Make a Special Deal with Washington? | Feet in 2 Worlds · Immigration news · Immigration reform · Immigrant communities
Pingback posted October 22, 2010 @ 2:03 pm

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More Confusion Over Secure Communities: Did NY Make a Special Deal with Washington? « Restore Fairness
Pingback posted October 25, 2010 @ 2:16 pm

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Napolitano Confirms There Is No Opt-Out Option for Secure Communities North Capitol Street
Pingback posted December 11, 2010 @ 10:16 am

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No out | Seifen
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Janet Napolitano Defends Deportation Program | maxinity.info
Pingback posted April 26, 2011 @ 2:57 pm

[...] Local law enforcement officials in some jurisdictions, including Arlington, Va., Santa Clara, Calif. and San Francisco, attempted to opt out of the program last summer, after the agency released directions on how to do so. But they received mixed responses when they asked whether and how they could stop sharing data with the program, and eventually were informed that opting out was impossible. [...]


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Pingback posted April 26, 2011 @ 3:58 pm

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Pingback posted August 23, 2011 @ 10:31 pm

[...] following attempts by local jurisdictions to terminate their MOAs, DHS Secretary Janet Napolitano announced that Secure Communities was not a voluntary program after all. DHS’s latest about-face this week [...]


4403202
Comment posted September 7, 2011 @ 12:33 pm

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