Fall 2010 Capital Region Newsletter

Fall 2010 Capital Region Newsletter

S-Comm Program Targets Immigrants, Weakens Public Safety By Andrea Callan, Statewide Advocacy Coordinator Federal Immigration and Customs Enforcement (ICE) recently announced, with considerable fanfare, that it had deported 392,000 people in fiscal year 2010. This figure, an all-time high, marks a 70 percent increase in deportations since the Bush administration. So, what’s the secret behind this deportation bonanza? It’s a little-known program called “Secure Communities” (S-Comm), which authorizes ICE to obtain FBI fingerprint data of every arrestee nationwide. It works like this: When people get arrested, their fingerprints are taken during the routine booking process. The local law enforcement agency submits those fingerprints to New York State’s Department of Criminal Justice Services (DCJS), which sends them to the FBI to check for outstanding warrants. Under S-Comm, the FBI takes the further step of sharing the fingerprints with ICE. If the fingerprints match prints in ICE’s database, arrestees may be detained and forced into deportation proceedings, even though they haven’t been convicted of any crime. Since 2008, ICE has been quietly rolling out this program, asking states to enter into a Memorandum of Agreement (MOA) outlining the duties of ICE and the state in the operation of the program. ICE first engaged jurisdictions in the southwestern border-states, but now the program is operating in 660 jurisdictions across the country. ICE’s goal is to have S-Comm operable in every jurisdiction in the country by 2013. DCJS entered into an MOA with ICE in May without the input or knowledge of the public, or the local law enforcement agencies across the state that will be affected most by S-Comm. The Wall Street Journal alerted the public to this development in an article on July 2 after a copy of the New York MOA was posted on ICE’s website. S-Comm is billed as a public safety measure intended to target dangerous criminals, but don’t be fooled. According to The New York Times, ICE records covering the program from October 2008 through June 2010 show that 79 percent of people deported through S-Comm had committed no crimes or were arrested for minor offenses, such as traffic violations. The program actually makes our communities less safe. Afraid of being detained or deported, immigrants will shy away from interacting with police. They will be less likely to report crimes or serve as witnesses. Law enforcement agents will have a more difficult time investigating and solving crimes as a result. Further, when police focus on immigration enforcement, their attention is diverted from pursuing violent crime. Both of these concerns erode the trust the community places upon its law enforcement agents in fighting crime and keeping communities safe. S-Comm is likely to increase racial profiling. Law enforcement agents may target people who look or sound foreign for minor offenses to check for immigration violations. There are no efforts underway to train local law enforcement agents participating in S-Comm to prevent racial and ethnic profiling and other abuses. Currently, advocates statewide are fighting to urge DCJS to rescind the MOA authorizing S-Comm in New York State. Thus far, no jurisdictions in the state have actually “activated” S-Comm, and it is unclear when jurisdictions will be scheduled to “activate” the program or whether they can opt out of it. Unfortunately, there is nothing preventing S-Comm from being fully operational statewide tomorrow, even though a vast majority of New Yorkers’ don’t know that this misguided program exists.  
Chapter to Honor Local Civil Liberties Stalwarts at Annual Awards Ceremony This year’s honorees have set a high standard for defending civil liberties. Director’s Corner: Regrouping on Immigration Reform In light of Congress’ failure to take on comprehensive immigration reform, the chapter’s activist task force has refocused its efforts. S-Comm Program Targets Immigrants, Weakens Public Safety The federal Secure Communities program enlists local law enforcement agencies in targeting undocumented immigrants. The NYCLU is fighting its implementation in New York State. A Legislative Session for the Ages The NYCLU had a busy and extremely productive legislative session in Albany. We provide a rundown of our biggest legislative victories. President’s Letter: Mixed Blessings Board President Stephen E. Gottlieb reflects on a year of setbacks and victories. Chapter Marks Banned Books Week with Read Outs in Troy and Albany Readers recited selections from their favorite banned or challenged books. The Legal Docket A brief rundown of the various cases and legal issues our chapter is pursuing.