Suffolk NYCLU Opposes Proposed Memorandum of Understanding Between Suffolk County and Federal Officials

Suffolk NYCLU Opposes Proposed Memorandum of Understanding Between Suffolk County and Federal Officials

December 13, 2004 Suffolk County, New York: The Suffolk County Chapter of the New York Civil Liberties Union (Suffolk NYCLU) opposes the Memorandum of Understanding (MOU) to be submitted to the Bureau of Immigration and Custom Enforcement (BICE) officials by County Executive Steve Levy on December 14th. No local municipality across the nation has entered such an arrangement. In this proposal, up to eight Suffolk-based probation and correction officers will be trained in the use of unspecified federal databases to check for immigration violations by those convicted of committing “serious crimes.” If an individual appears to be in violation of Federal immigration laws, they will be detained by BICE after completion of their criminal sentence. “This proposal is unnecessary, dangerous and could potentially lead to the same deputization concerns as the first proposal,” said Jared Feuer, Executive Director of the Suffolk NYCLU. “The road is different, but the destination has not changed.” In addition to raising constitutional questions, there is no compelling interest for Suffolk to become involved in immigration enforcement. According to the conservative Manhattan Institute, immigrants are no more likely to commit crimes than native-born Americans. And a widely reported Immigration and Naturalization Service (INS) study has shown that immigrants have a lower recidivism rate (37%) than the native born population (66%). Furthermore, such an arrangement will strain the County’s already over-burdened resources, expose the County to significant civil liability, and decrease the reporting of domestic violence within Suffolk County. “We are extremely concerned that if this MOU is approved, battered immigrants will be afraid to call the police for help,” said Feuer. “The prospect of their spouse or partner’s never returning will undoubtedly deter many women from seeking police assistance.” The current proposal also raises concerns about the definition of a “serious” crime. Said Feuer, “If the bar is set so low that it can be tripped by even a minor offense, Suffolk County police officers would become de facto immigration agents; the mechanisms for deportation would begin when they simply showed up for their beat.” Immigration law requires years of education and training – a ten week course would not be enough to avoid a potentially fatal mistake in incorrectly identify immigrations who have obtained refugee status. Lastly, this proposal would provide BICE with information on a potentially large number of Suffolk residents – not just immigrants, but all who have been convicted of certain crimes. Suffolk must ensure that privacy would be secured and that harassment and unauthorized checks would be curtailed. Said Feuer, “It is for all these reasons and more that Suffolk must reconsider the immigration complexities, federal databases, increased liability, strained resources, decreased domestic violence reporting, and privacy concerns that would result from such an arrangement.”