Forget Arizona – Immigrants Should Fear the Secure Communities Program

Most of our readers here are already aware of Arizona’s law regarding illegal immigration.  It has been causing quite a stir for some time now, and a federal lawsuit has already been filed against the state of Arizona.  However, many people may not be aware of federal immigration program that is equally as controversial, but much less publicized.

The program is called the Secure Communities Program and is headed by the U.S. Immigration and Customs Enforcement agency (ICE).  The program targets and identifies illegal immigrants through the use of fingerprints.

Basically, if a person is arrested for any crime, local enforcement agencies are allowed to fingerprint the suspect.  The fingerprints can reveal a history of contact with the ICE, and if the person is found to be within the country illegally, they can be immediately slated for removal / deportation.

So far over 400 jurisdictions in at least 26 states have implemented the Secure Communities Program.  Since 2008 an estimated 2.6 million persons have already been flagged through the program.  Some states have already deported thousands of people as a result of the program’s implementation.

The Secure Communities Program has the potential to deport far more immigrants and legal residents than any state law.  It has received much praise from its proponents since its inception in 2007.  And, as you may already be suspecting, the program has raised several points of criticism.  Some of these critiques are:

The program may lead to racial discrimination and profiling

Like Arizona’s law, critics who oppose the Secure Communities Program fear that the law will allow authorities to make arrests based on racial profiles using a deportation justification.  The ICE contends that racial profiling is strictly prohibited and that the automated fingerprinting system prevents abuses of authority.  However, ICE policies will probably do little to prevent a police officer from making an arrest simply as a pretext for the suspect’s deportation.

The program casts a net that is too wide

The Secure Communities Program targets serious offenders and those who post the most risk of harm to society.  These may include persons with records of homicides, drug offenses, kidnapping, and sexual assault.  While many serious offenders have already been deported, it is clear that many people are also being removed for crimes as minor as loitering and traffic violations.  This tends to amplify concerns of profiling and abuse of police discretion.  Ultimately the program may undermine the level of trust between local authorities and America’s immigrant population.

Due Process rights are being violated

Due Process rights are a major concern under the Program.  For example, there is speculation that suspects are not given a fair chance to have their case fully heard before they are deported.  Also, the system sometimes identifies persons who are valid citizens of the U.S.  Lastly, due process may also become an issue if there is suspicion of a pretextual arrest or racial profiling.

However, discussions about due process in an immigration setting can often be tricky.  After all, if the person is not a U.S. citizen, are they afforded the protections of the constitution?  Should they be?  The situation is similar to the due process issues raised in other non-citizen circumstances like in Guantanamo Bay.

The program blurs the distinction between Federal and state powers

Immigration is largely a federal concern, though states will often have their own heightened immigration policies (such as in Arizona).  The Secure Communities Program raises questions as to what extent immigration authority can be delegated to state officials.

The Secure Communities Program works in tandem with Section 287 (g) of the federal Immigration and Nationality Act.  287 (g) is a separate law that allows local deputies to receive federal training in making arrests for immigration violations.  This effectively expands the duties of a local police officer to include immigration and deportation concerns.  In the long run this may transform the way that local authorities are perceived by the immigrant population.

On a separate note, the Secure Communities Program is often confused with the Criminal Alien Program (or “CAP”), which is different ICE program.  CAP focuses on illegal aliens who are already incarcerated.  It seeks to ensure that they are not released back into the community by deporting them just prior to the completion of their sentence.

One thing can be said, though: the three agendas- Secure Communities Program, 287 (g) and CAP- may be ushering in a new era of increased power in administrative law agencies that necessesitates cooperation of both federal and state efforts.  Together the three programs signal the ICE’s increased authority which may eventually exceed that of the traditional three branches of government.

So while the nation is focusing on the Arizona immigration debate, much is happening behind the scenes.  The federal immigration department itself is slowly melting away into a unique amalgamation of inter-jurisdictional forces, all of which may be pushing the evolution of the entire federal-state relationship.

As a final point, I think maybe the discussion surrounding this program may be missing a few major points.  Does such a type of identification and removal program really make a community more “secure”?  After all, isn’t a crime a crime, regardless of whether the person committed it was a citizen or not?  Is the program really aimed at making communities safer, or is it a cheaper alternative to prison sentences?  In this regard, the program’s nickname- the “criminal alien round-up program”– speaks volumes.