Not all local jurisdictions re-sign 287(g) MOA with ICE but other ICE programs still troubling, notes Rights Working Group

FOR IMMEDIATE RELEASE
CONTACT: Nadine Wahab
nwahab@rightsworkinggroup.org
202-365-6071

Washington DC - Oct. 15, 2009 - Rights Working Group welcomes the announcement that not all jurisdictions have re-signed the 287(g) Memorandum of Agreement (MOA) with Immigration and Customs Enforcement (ICE), which deputizes state and local law enforcement agents to enforce civil immigration law. "While this is an important step in restoring local law enforcement’s focus to their primary focus of public safety, we are still troubled by this administration’s promotion of 287(g) contracts and other programs that continue to hijack state and local criminal justice systems to enforce federal civil immigration law," said Margaret Huang, Executive Director of Rights Working Group.

There are serious concerns over illegal profiling with 287(g) and similar Department of Homeland Security (DHS)-local law enforcement partnerships. Several reports, lawsuits and one federal investigation have laid bare the problems of racial profiling that result from cross deputation, but the problem is not limited to 287(g) jurisdictions. A recent report from the Warren Institute showed evidence of rampant racial profiling in the Criminal Alien Program (CAP), a program that allows ICE to interview people in custody to determine citizenship.

There is every reason to believe that similar problems will result from the Secure Communities program. Every program that has utilized state and local law enforcement agents and structures to find and deport undocumented immigrants has resulted in a high number of mostly Latino people being arrested for low level offenses. These seemingly pre-textual arrests have resulted in a breakdown of trust between law enforcement and the communities they police, made communities less safe, and violated residents' human and Constitutional rights.

While Rights Working Group welcomed the October 6th release of the DHS recommendations for the overhaul of the ICE detention systems, it is important to bear in mind that the recommendations treat a symptom of a much larger problem. Many of the problems with the sprawling and overtaxed immigration detention system stem from the large increase in the numbers of people being detained. Programs such as 287(g), CAP, and Secure Communities will significantly increase immigration-related arrests which will undermine even the best reforms to the detention systems.

The administration should end all programs that enforce immigration law through state and local criminal justice systems. ICE should ensure that all enforcement programs have proper oversight and safeguards to protect against racial and religious profiling and other human rights violations.

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