No Change in Immigration Policy

New America Media, Commentary, Marielena Hincapié Posted: Jul 23, 2009

Traducción al español

Editor’s Note: The Obama administration’s decision to expand the 287(g) program that allows local law enforcement to act as immigration agents is wrong-headed says Marielena Hincapié. Hincapié is the executive director of the National Immigration Law Center, which is a member organization of Detention Watch Network, a national coalition working to reform the immigration, detention and deportation system. IMMIGRATION MATTERS features the voices of immigration rights organizations.

Imagine that you, a U.S. citizen, were the victim of a crime to which an undocumented person was a witness. As a result of draconian Bush-era agreements dubbed 287(g), this undocumented person would be at a very real risk for deportation if she were to report what she has witnessed to the authorities. The police would then be denied vital information to apprehend your offender, leaving the entire community more vulnerable to repeat offenses. This is no way to prevent and solve crime in our communities, and in no way makes us safe.

Sound like another failed Bush plan that President Obama has swiftly corrected? Not at all: on July 10, the Obama administration announced that it would expand the program, which deputizes local law enforcement officers to enforce immigration laws over their constituents, to include 11 new jurisdictions.

Historically, the enforcement of immigration laws has been reserved for the federal government. Since 2002, first the Immigration and Naturalization Service and then the Immigration and Customs Enforcement (ICE) – a branch of the Department of Homeland Security (DHS) – have created agreements with various local law enforcement agencies to act as immigration officials. These agreements, authorized by section 287(g) of the Immigration and Nationality Act, have led to widespread abuses of power, including racial profiling and unconstitutional searches and seizures.

ICE claims to have made changes to ensure that the raids on workers and racial profiling will be stopped, but -- given the agency’s abysmal track record -- is expansion of 287(g) a good way to test this theory?

Cosmetic changes in the agreements won’t safeguard communities from vigilante sheriffs who raid Latino neighborhoods and run immigration checks based on skin color. The truth is that there simply isn’t enough federal oversight to ensure that such practices won’t continue. Sheriffs like Joe Arpaio of Maricopa County, which currently has a 287(g) agreement, know this. Though he is the subject of several Justice Department and DHS Office of Inspector General inquiries and private civil rights lawsuits, Arpaio has told the press that he doesn’t care what the federal investigators say or find.

Immigrants aren’t the only ones who should worry about 287(g) expansion. Public-safety minded citizens in counties with these agreements have seen precious resources shifted away from crime prevention and investigation toward patrolling Home Depot parking lots to see if all those standing outside have proper immigration papers. In tough economic times, it simply doesn’t make sense to further strain an already under-funded and under-staffed police force with work that should be the province of the federal government.

Not only do these new agreements trample on our civil liberties while hurting local economies, they make for bad public safety practices. Many prominent law enforcement chiefs are among the most vocal opponents of expanding the immigrant-hunting program, pointing out that it lessens their ability to fight and prevent crime. On July 1 of this year, chiefs of 64 major urban areas spoke out against 287(g) and the localization of immigration enforcement measures, which compromise the trust between law enforcement officers and the communities they serve.

Moreover, these new memoranda of agreement (MOAs) between local law enforcement and DHS set a dangerous precedent for secrecy. According to the DHS, information “developed or obtained as a result of this MOA … shall not be considered public records.” Simply put, the government does not deem their immigration enforcement tactics a topic worthy of public oversight. This is a worrisome declaration from an administration that had promised the public a more transparent government. The revised MOAs ensure that the public will be shut out from the agreement process and not privy to its outcomes.

Some would argue that these minor, cosmetic changes with the 287(g) program are evidence of the Obama administration’s effort to create the political space for comprehensive immigration reform. Putting the burden of immigration enforcement on overtaxed, under-funded, and untrained local law enforcement is unacceptable. The bottom line is that with or without immigration reform, giving local law enforcement agencies the authority to enforce immigration laws is foolhardy and costly.

Outsourcing immigration responsibilities to local law enforcement only makes communities more dangerous by marginalizing our most vulnerable members of society. The destruction of families, the criminalization of immigrants and people of color, and a growing distrust in a police force that needs community support to keep us safe are the wrong way to go. It’s time for President Obama to stop following in Bush’s failed footsteps, leave behind senseless immigration enforcement policies by suspending programs like 287(g), and lead the country toward achieving broad and humane immigration reform.

Related Articles:

Obama Expands Flawed Program of ICE-Police Cooperation

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User Comments


Delaware Bob on Jul 26, 2009 at 08:20:38 said:

I can’t say the ILLEGAL ALIENS are completely to blame for the shape of our economy, but they are a BIG part of the problem. The ILLEGAL ALIENS send BILLIONS upon BILLIONS out of this Country every year, money we will NEVER see again. Does this help our economy?

How about the BILLIONS the American taxpayers fork out for the ILLEGAL ALIEN BABIES, the schooling of them, the medical care and the list goes on, and on, and on.

How about the MILLIONS upon MILLIONS paid to jail ILLEGAL ALIENS for the crimes, then the cost to deport them. Does this help our economy?

Then you have these activist groups, the Catholic Church and the ACLU that want AMNESTY for these ILLEGAL ALIENS. It would be absolute suicide for this Country if AMNESTY were granted to the 20 million or so ILLEGAL ALIENS. We have more and more people out of work everyday and they want to add another 20 million to this Country? I say, “NO”!

If AMNESTY were ever granted to these 20 million ILLEGAL ALIENS, you can bet big money that 3 years from now, there would be ANOTHER 3-5 million ILLEGAL ALIENS demonstrating on our soil for AMNESTY.

An end MUST come to this illegal immigration. The perfect tool we have so far is E-Verify. It MUST be used by ALL businesses and Government Social Services. EVERY employee must be checked! If they are illegal, they are to be dismissed!

I believe it is time for all 50 States to pass a State law, like Arizona, Oklahoma, Mississippi, Missouri, South Carolina and a few others. It is time for these ILLEGAL ALIENS to go back to their home Country and get out of this Country. The problems they are causing will not go away until the ILLEGAL ALIENS are out of this Country. I think that is plain to see.

It's time for ZERO TOLERENCE with these ILLEGAL ALIENS. It's time for them to get back to their own country where they belong. If they truly want to be part of America, let them apply and wait their turn like the millions of others who want to come to America LEGALLY. They will then be welcomed with open arms.


David on Jul 24, 2009 at 04:52:16 said:

I love Arizona and I think Joe is the GOOD GUY. He does what we what to stop the Illegals from entering and taking resources from the true American citizen.

Sorry No tears shed from anyone coming here and getting busted .. I think once someone is found to be illegal they should have no right (other then the rights to be deported).

Note my wife is a Non-immigrate permanent resident. So it has nothing to do with Foreigners only illegal ones. MEXICAN or Asia .. it's not my fault either that 1/2 are Mexican .. they made it that way and love pushing the issue of Racial Profiling.

David


Leonard Clark on Jul 24, 2009 at 01:21:28 said:

Hello everybody ! Just writing to announce that we have finally filed official recalls on Maricopa County Sheriff Joe Arpaio and Maricopa County Attorney Andrew Thomas. We are going to let the nation and world know that the image of ignorance and hate that Joe Arpaio, Andrew Thomas, Pierce, Bob Burns et. al. have sent out from Arizona is a false one ! Arizona, will hence forward be a state known for Love, humanity and justice !

The image of our state is very important in that the above individuals and their thuggish accomplices hope to discourage nice people from moving to Arizona and instead attract those that physically threaten and hate those that disagree with their un-constitutional and anti-human rights behavior ! In this way, these elected "haters" will ensure themselves never getting out of elected office ! Because those that hate the constitution and civil rights and support Joe Arpaio will out number those that support the constitution at the ballot box.
We should thank all those politicians like Phil Gordon who stand against hate and racism especially knowing that their going to be threatened by these racist thugs who constantly threaten and intimidate with violence. The racists and the un-constitutional thugs will no longer rule our Maricopa County nor our beautiful state of Arizona !

Please, help us any way you can whether through prayer, signing one of our petitions or helping circulate them and getting other people to sign them. We have almost no funding except for pennies to print the tremondous amount of petitions it will take to get these two thugs recalled so please donate whatever you can no donation is to small to help fight for the constitution, human rights and justice here in Maricopa County Arizona !

We are in the process of getting paypal set up on our website: arizonarecall.com so please if you can, go over to our site and help us in any way you can. Even if you just spread the word about our recall or post the news of it everywhere you can that will be blow struck in defense of our constitution. The Main Stream Media is not going to publicize this campaign against ignorance and hate unless we force it to the point where they can no longer pretend we don't exist.

We pledge our lives to you in the name of restoring peace, love and humanity to our Maricopa County and beautiful state of Arizona
Sincerely,
Leonard Clark Chair of the recall committees for Maricopa County Sheriff Joe Arpaio and Maricopa County Attorney Andrew Thomas.
website: arizonarecall.com phone: 623-206-2039 email: leonardclark385@hotmail.com

July 23th, 2009

Reverend Robert McDonald Vice-Chair
Recallcorruptpoliticians.info 480-406-0559 ,


Save US-Economics on Jul 23, 2009 at 07:08:09 said:

(1)287(g) or, Immigration-based "Worker's Verification Programs, are just Racism(based on Policy of Segregation & Discrimination), which is against the "Election-Campaign-Promises of the USA-President, in Nov.-2008-Election".
(2) It tells Obama is Criminal & Liar(to hijack the USA-Nov.-2008-Presidential Election, by Lies & Tricks, cracking the USA with reverse-racism, after 09-11-2001-terror-attack).
(3) Obama is crossing the Line(to work against his all Fundamental Presidential-Election-Campaign-Promises to Enforce Humanity & Immigration-Legalization, after destroying & obstructing Discrimination & Segregation), which is making Obama with a Huge Score to be Prosecuted for Impeachment, Sooner or, Later.
[If An USA/Country-President works & walks against his/her Winning-Presidential-Election-Campaign-Promises, then he/she has lied in public to hijack the USA-Presidential-Election, by Lies & Frauds, and Bluffs & Cheating, against the Public in the Majority of the USA, or, Any Country, in Consideration.
Here, in this particular case "to cheat & lie on the Majority of the USA-Voters, in open Public, and to ignore & cheat the Majority of the USA-Voters(after winning Presidential-Election)"
has already been created
"a Serious Bitter US-Traitor-some Farm & Strong Honest USA-Patriotic-Ground/Foundation, for the USA-Patriotic-Prosecutors, to Impeach & Punish A Liar & Cheater President(like Obama, who is just acting opposite than the Presidential-Candidate-Obama, or, who is revealed as the the Hidden-Republican-Evil within the Frustrated & Confused or, seriously hurt & damaged Democratic-American-Tent)", to save the Rights & Safety of the USA-Majority-Voters, from "the Sinner & Liar(Obama, who wants to dishonestly & improperly exploit the Race & Religious-bias issues, to cheat the Black & Muslim Americans), without doing anything or, very less for them"].
(4) One Of The Republican-Slave Evil & Liar
"Mr. Collin Powell lied & misled the Black-American, or, all American, or, all World-Residents(about Chemical-Weapons, in Iraq), to get destroyed with An Expensive-War in Iraq, killing Iraqis & Americans/Allies".
[Mr. Collin Powell has/had recommended, publicly & strongly, the liar-Obama in Nov.-2008-Election, to divert & confuse the confused & hurt Black-Democratic-Americans, to vote & support the Democrat-acting Liar Obama(the hidden-Republican-Candidate for the USA-Presidential-Chair, after all the nuisances of 2000-2008), just on the Race-issues,for President of the USA,(just to save & protect Collin Powell,himself, regarding the Chemical-Weapon-Lie/Sin, Expensive-War-Crimes, by the hired-agent cheater-President-Obama, for the USA-President).
The Evil & Liar, the Hidden-Republican(the hired/purchased Republican), Democrat-acting Evil-President-Obama is saving the Chemical-Weapon-Liar-Collin-Powell, and Dick-Cheney, (as per the secret-contract/secret-bribes to the Liar-Obama, from the two previous-Evils of the USA-World)].
(5) The Republican-Evil & Liar(all time of the World-History on the 09-11-2001-terrorism)Condoleza Rice(and along with Dick Cheney) publicly & strongly supported(and secretly financed a lot , in the Obama-Campaign-Finances, from the USA-War-Expenses), the (Hidden-Republican-Candidate)-Democrat-acting Candidate-Obama, to make this purchased & hired (hidden-Republican-Evil-Obama), as the President of the USA, to save the "All the Republican-Evil-Leaders of (2000-2008), like Colin Powell/Dick Cheney/Condoleza Rice/Sensenbernner/John Cornyn/John Kyl/Sessions/Vitter/etc.".
(6) The Liar & Cheater Obama forgot his previous Eletion-Campaign-Promises(as he is acting like the Previously purchased/hired hidden Republican-Evil-President).
[Obama is obeying his client Republican-leaders, in the 90%-cases, (to work & walk against his all previous fundamental Nov.-2008-Presedential-Election-Campaign-Promises), to destroy the Democratic-Party-Image-Flavor, in the USA-World-History. This is just An Evil-Republican-Conspiracy, "to hire the Hidden-Republican-Evil-Agent(Obama-Drama), and to hijack the USA-Presidential-Election, with the Black-Reverse-Racism-Issue(and to destroy the Democratic-Party-Power/Ability, in the USA-World-History), with the Republican-Evil-Slaves(Collin Powell, Condoleza Rice, Steele, RNC-Chairman-2009, etc.)".
But "the Black-Democratic-Groups of the USA-World would wake up, sooner/later, now, to fire-back and defeat the Evil-Liar-Obama-Drama(to destroy the Republican-Evils within the Black-American-World)".
************************************************************8
Any Black or, White, or, "Any Non-Racial, Secular USA-President(but the Republican-Purchased & Hired Evil & Liar Obama-Drama), sooner/later, in the USA-World", would be the "Sleep-less Night/Day Non-Stop Revolution of the USA-World-History, now, from the July-2009, (till it would be Achieved, for the Establishments of the Anti-Racial, Anti-Segregation, Anti-Deportation, Anti-Discrimination, Secular, Humane-Rights, in the USA-World, at of it's All Levels of Administration)".
*********************************************************
Remove Obama-Drama, Impeach Obama-Drama, Remove Obama-Drama, soon, to save "the USA-Multi-National-Patriotic-Social-Economical-Stability-Values-Advancements-Growths, for the USA-World-Citizens".
*************************************************************
Be American, Buy American, Build & Expand the USA-Multinational-Patriotic-Social-Economical-System, in the World !!!
*************************************************************

Thanks, regards!

save.usa_economics_jobs_factories@yahoo.com

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