Adding Fuel to S-Comm Controversy, DHS Scraps Over 40 Local Agreements

by Jackie Mahendra · 2011-08-05 18:30:00 UTC

Wow. Just as momentum for pulling cities and states out of the federal government's so-called "Secure Communities" program appeared to be reaching a fever pitch, today the Department of Homeland Security (DHS) announced that it will cancel the more than 40 agreements it had signed with states and territories to share data under the S-Comm program. Instead of scrapping or overhauling the controversial program, however, the Obama Administration is attempting to make it mandatory under a legal loophole.

“Once a state or local law enforcement agency voluntarily submits fingerprint data to the federal government, no agreement with the state is legally necessary for one part of the federal government to share it with another part,” reads the letter.

The news comes on the heels of Springfield, MA joining LA and Montgomery County, Maryland -- as well as Illinois, New York, and Massachusetts -- in wanting out of the flawed S-Comm program. It also comes after dozens of Boston community activists delivered thousands of online petition signatures collected by Change.org and Presente.org, calling for an end to the dangerous deportation program in Boston.

The reason for all of this backlash? S-Comm, originally sold to states as a program to target serious criminals for deportation, has in fact led to the deportation of tens of thousands of innocent immigrants. It has been charged with ripping apart families, targeting victims of violence, and even eroding community policing efforts by making immigrants fearful of reporting crimes.

According to Assemblyman Tom Ammiano (D-CA 13), “ICE’s outrageous announcement is an affront to both public safety and the most basic principles of democratic governance and transparency. If the Administration truly had the authority to force this dysfunctional program down the throats of every local government, why would they waste thousands of hours signing binding contracts with state officials across the country?”

The Illinois Coalition for Immigrant and Refugee Rights (ICIRR) also condemned the  decision to annul ICE’s agreements with states -- including Illinois -- stating, "This announcement comes as a DHS task force is reviewing the program, and about to launch a nationwide series of public hearings. This announcement is a clear indication of the department’s bad faith, and calls into question how seriously anyone should regard the hearings and the task force process."

Pablo Alvarado of the National Day Laborer Organizing Network stated, "Today’s announcement confirms ICE’s status as a rogue agency... The unilateral overriding of contracts with states will surely result in court proceedings. In what is becoming a referendum on the Obama Presidency for Latinos, the announcement today is certain to result in a vote of no confidence in the Deporter-in-Chief."

More than 5,000 people have already signed the National Day Laborer Organizing Network petition calling for a national moratorium on S-Comm. You can sign the petition to add your voice and leave a comment here.

Photo credit: Asian Law Caucus

Jackie Mahendra is the Director of Organizing for Immigrant Rights.
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