Local Law Enforcement Uses Immigration Authority to Target the Wrong People
For anyone who’s heard about the controversy over renegade Arizona Sheriff Joe Arpaio, who parades undocumented immigrants in pink underwear and houses them in
Jul 31, 202093.2K Shares2M Views
For anyone who’s heard about the controversy over renegade Arizona Sheriff Joe Arpaio, who parades undocumented immigrants in pink underwear and houses them in tents where temperatures reach 150 degrees, it will come as little surprise to hear that a Government Accountability Office report today concludes that a controversial program to have border patrol agents work hand-in-hand with local law enforcement hasn’t worked out exactly as planned.
Apparently the Immigration and Customs Enforcement agency, part of the Department of Homeland Security, didn’t clearly explain to local police that they were supposed to use their newfound authority to focus on serious criminals — drug dealers, gang leaders, murderers and the like.
Instead, the report finds, according toThe Associated Press, which obtained advance copies (the GAO report was not available this morning — we’ll post as soon as it is) local law enforcement used racial profiling pick up people for speeding, carrying an open container and urinating in public.
The law in question authorizes ICE to train local and state law enforcement to use its databases to determine legal status and take the first steps in deportation proceedings, but it does not specify which kinds of illegal immigrants to focus on. Homeland Security Secretary Janet Napolitano has ordered a review of the so-called 287(g) program, named after the law that authorizes it. It grants authority to ICE to train local and state law enforcement to use its databases to determine the legal status of a suspect and take the first steps in deportation proceedings.
As of last October, 67 local and state law enforcement agencies in 23 states had signed agreements to participate in the program. Participation accelerated beginning in 2007, after Congress failed to pass comprehensive immigration reform.
Advocates, of course, have been complaining about the problems with the 287(g) program for quite a while now. In addition to hollering about Arpaio’s much-publicized abuses, which have led Democrats in Congress to call fora federal investigation, a report released last weekby Justice Strategies finds that “Poor training and lack of oversight means that local authorities are not equipped to deal with the complexities associated with civil immigration law,” and often violate undocumented immigrants’ basic rights. That’s not surprising, given that the immigration law allows for arrest without probable cause, indefinite detention, and provides no right to legal counsel. The criminal justice system, on the other hand, isn’t supposed to tolerate that.
Put the two together, say many immigrants’ rights advocates, and you have a disaster on your hands.
This afternoon the House Committee on Homeland Security will hold a hearing on the 287(g) program and its failures. I’ll report back after the hearing.
Paula M. Graham
Reviewer
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