NDLON

Los Angeles City Council Votes on TRUST Act National Day Laborer Organizing Network Statement CONTACT: Chris Newman, \n Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo. LOS ANGELES –The Los Angeles City Council votes on the TRUST Act today following incorrect claims made earlier this week by some sheriffs that the measure conflicts with federal law. Chris Newman, Legal Director of the National Day Laborer Organizing Network (NDLON), released the following statement: “Sherriff Lee Baca’s profound misunderstanding of the law and his unwillingness to join the rest of us in an earnest policy discussion is proof of the need for the TRUST Act.” Press release on letter from law professors and deans to Gov. Brown refuting sheriffs’ claims below     Prominent Law Professors and Deans Endorse TRUST Act, Refute Some Sheriffs’ Incorrect Claims that Measure Conflicts with Federal LawSupport for Legislation Reaches Critical Mass as Key Law Enforcement Officials Back Bill to Limit Immigrant Detentions SACRAMENTO – Support for the TRUST Act, the California legislation billed as the “Anti-Arizona” immigration policy, continues to grow across a broad coalition urging California Gov. Jerry Brown to sign the bill into law. Top law professors from around the country issued a letter to Gov. Brown today supporting the legislation and refuting the principal argument against the TRUST Act(AB 1081 – Ammiano). The letter, signed by 31 professors, explains that federal requests to local law enforcement officials to detain undocumented immigrants for additional time are not orders carrying the force of law, as some sheriffs have claimed. In fact, the Professors explain, these “hold” requests are completely optional, and California’s effort to limit them is entirely within its power. Pledges made by some Sheriffs to defy the legislation if it is signed into law have no legal basis. Meanwhile, two crucial new law enforcement leaders endorsed the legislation this week, including a past President of the State Sheriff’s Association. The endorsement highlights divisions within the Association, the sole entity which has registered opposition to the bill. The division emerged as a wide coalition continues to grow in support of the bill. The TRUST Act has captured national attention. It would rebuild community confidence in law enforcement – and save local resources – by limiting unfair detentions for deportation purposes in local jails often caused by the federal government’s “Secure Communities” deportation program. Key points made to the Governor in the law professors’ letter include: The primary opposition argument against the TRUST…

Court Orders FBI, DHS and ICE to Lift “Veil of Secrecy” and Comply With Freedom of Information Act July 13, 2012, New York – Today, in an important victory for open government, Judge Shira A. Scheindlin, of the Southern District of New York, ruled that the Federal Bureau of Investigation (FBI), the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have failed to adequately search for and disclose information pursuant to the Freedom of Information Act (FOIA). The ruling comes in NDLON v. ICE, a FOIA lawsuit brought by the National Day Laborer Organizing Network (NDLON), the Center for Constitutional Rights (CCR) and the Immigration Justice Clinic of the Benjamin N. Cardozo School of Law, with representation by Mayer Brown LLP.  The suit seeks government records relating to the controversial Secure Communities (SCOMM) program. Said Center for Constitutional Rights attorney Ghita Schwarz, “Today’s decision rightly holds the government to standards of transparency and accountability, an important step in stopping the harm this program is causing in our communities. Despite claims that SCOMM targets serious criminals, the fact is that SCOMM has done nothing but break families apart and undermine public safety by intimidating victims and witnesses of real crimes from reporting them.” In a strongly worded opinion, Judge Scheindlin sided largely with plaintiffs, stating that “[t]ransparency is indeed expensive, but it pales in comparison to the cost of a democracy of operating behind a veil of secrecy.” Judge Scheindlin flatly rejected the defendant agencies’ claim that they should be “trusted to run effective searches” for records responsive to plaintiffs’ FOIA request “without providing a detailed description of those searches.”  Particularly harsh in its conclusions about the FBI’s failure to search for documents, Judge Scheindlin characterized as “absurd” their position that ordering an office to conduct a search and receiving no response satisfied government obligations under FOIA.  Pointing out that FOIA requires the government to “use twenty-first century technologies to effectuate congressional intent,” the decision broke new ground by ordering the government to “work cooperatively” with plaintiffs to “design and execute” new searches. Said co-counsel Anthony Diana from Mayer Brown LLP, “Particularly important is the court’s recognition that the government should work with the FOIA requester to help alleviate some burdens associated with the search of a large volume of electronic data. In an era when government policies are crafted and implemented almost entirely through electronic documents,…

California TRUST Act, DC Bill Set New 'Commonsense' Trend    7.10.2012. Washington, DC.  Days after the California senate passed a "Post- Arizona SB1070” bill called the TRUST act, and on the day the Washington DC council is signed a similar bill (Bill 19-585) into law, more than twelve cities launched efforts to develop local policies that restore the trust in law enforcement damaged by the Department of Homeland Security's coercive “Secure Communities” deportation program. Groups are calling for an end to the program and urging local officials to join a trend of municipalities led by Cook County, IL, California, and Washington, DC to counter the criminalization of immigrants, to protect against racial profiling, and to prevent the wrongful extended incarceration of residents for the sole purpose of deportation by setting commonsense standards for how to respond to immigration authority's voluntary hold requests.

Newly Disclosed Documents Confirm ICE Detainers are Voluntary, Suggest ICE MisledPublic About Costs of Compliance July 9, 2012—Newly disclosed internal documents from the Immigration andCustoms Enforcement agency (ICE) repeatedly describe immigration detainers asvoluntary “requests” and confirm that there is no “procedure[] to force a[ local lawenforcement agency] to honor detainers.” The documents also show that ICE does notreimburse localities for detainer costs and that officials considered providing misleadinginformation to reporters to obscure the lack of federal funding. The question of local control over immigration detainers has assumed prominence ascities and states address harms caused by ICE’s “Secure Communities” deportationprogram [link to http://altopolimigra.com/s-comm-shadow-report/]. Today’s disclosurecomes at the beginning of a national week of action to “Restore Trust” by limitingpolice collaboration with ICE. Over the past year, Chicago, New York, San Francisco,Washington, DC, and Santa Clara County, California have all passed local laws limitingcompliance with immigration detainers. The California Senate recently approved asimilar bill at the statewide level, known as the “TRUST Act.” Backers of the laws saythey are necessary to repair public trust destroyed by S-Comm. The documents disclosed today confirm that compliance with immigration detainers is amatter of local discretion. Local authorities are not required to detain people in order toassist ICE deportations. The documents also confirm that the federal government doesnot reimburse locals for detainer-related cost. But ICE may have suggested otherwise toreporters. In one email, an ICE official considered telling a reporter that a federal fundingprogram covers the cost of detainers despite acknowledging that “[s]aying [the] moneyis available for detainer cases is a little out of whack.” Another official responded bysuggesting the statement would be “sort-of true . . . and that’s good enuf!” [sic]. See attachments below to download index and FOIA docs

Español abajo     “Shock” Video Blends Tijoux’s Unique Style with U.S. Immigrants’ Rights Movement Phoenix, AZ - French-Chilean musician Ana Tijoux is the latest artist to stand with immigrants in Arizona as part of the “Alto Arizona” campaign, an ongoing effort to bring visibility, recognition, dignity and healing to migrants who have been targets of hate in Arizona and around the world.Tijoux spent her childhood in France after her parents had to flee a repressive regime in Chile. It was there where she discovered hip hop music, and where she began her musical career. Her name was recognized in the international market after collaborating with the Mexican artist Julieta Venegas in the songEres Para Mi. Her album entitled 1977, which has songs that touch on issues such as political injustice and her life in France, was nominated for a Grammyin 2010.Now she’s out with a new music video “Shock” (http://bit.ly/LZ3GfB) directed by Alex Rivera (Sleepdealers) from the album “La Bala” which features Tijoux with protesters of Arizona’s infamous Sheriff Arpaio and the anti-immigrant law, S.B. 1070, which the United States Supreme Court ruled was largely unconstitutional on June 25, 2012.   Filmed after a concert with Puente Arizona, Tijoux’s concert served efforts that pre-date SB1070 to challenge the state’s anti-immigrant climate and defend and advance the rights of migrant families.

Elected, Faith and Law Enforcement Leaders Discuss Need to Restore Trust in Law Enforcement in Immigrant Communities Following Arizona Supreme Court Ruling   WHAT: Telephonic press briefing with faith and local elected leadersWHEN: Tuesday, July 10 at 12 Noon Eastern TimeSPEAKERS: Cardinal Roger Mahony, Archbishop Emeritus of Los Angeles Jesus C. Garcia, County Commissioner, Cook County, Illinois Ron Hampton, Executive Director Blacks in Law Enforcement in America, 24 year retired veteran of the DC Metropolitan Police Department Email  \n Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.  for call-in number. 

Vote repudiates Homeland Security’s “Secure Communities” program; Creates Contrast with Arizona’s harsh approach to immigrant residents     SACRAMENTO The California State Senate passed the TRUST Act today aimed at countering the strict deportation policies implemented by the federal government under its “Secure Communities” program. Its sponsors contrast the common-sense tone of the California bill with the harsh law passed in Arizona, much of which was overruled by the U.S. Supreme Court last week.   After a forthcoming concurrance vote in the California Assembly, the TRUST Act will be sent to Gov. Jerry Brown to sign. The bill responds to and repudiates the state's forced participation in the program enforced by the U.S. Department of Homeland Securities, which has led to the incarceration and deportation of tens of thousands of undocumented residents in California who have committed no crimes.

July 3, 2012—Today, advocates released emails from the FBI and the Immigration and Customs Enforcement agency (ICE) that show that ICE’s controversial Secure Communities deportation program is sweeping in individuals who have never been criminally arrested. The emails—which were obtained as a result of Freedom of Information Act litigation brought by the National Day Laborer Organizing Network, the Center for Constitutional Rights, and the Cardozo Immigration Justice Clinic—show that people who are unable to satisfactorily identify themselves at drivers’ license checkpoints, but are not suspected of any criminal conduct, are nonetheless processed for deportation through Secure Communities.According to the emails, in May 2011, California attempted to obtain assurance from ICE and the FBI that “the [Secure Communities] Program will only affect persons who are arrested for a crime, and not those who may simply be stopped at a drivers’ license checkpoint.” Instead of providing the requested assurance, the FBI apparently informed California that even prints for individuals who had been arrested for identification purposes only would have their immigration status checked through Secure Communities. Moreover, the FBI informed California that, although it was technically possible to change this process, it would not do so.The audacity of this response was not lost on federal officials, who acknowledged that the “answer is going to create an issue,” and that “DHS/ICE” had previously made “abundantly clear . . .” that Secure Communities “is only for individuals being booked into jail.”In fact, ICE had initially claimed in an agreement signed with California that S-Comm’s focus was those “convicted of serious offenses.” Last August, in what advocates regard as a significant display of bad faith, ICE shredded all such agreements but claimed fingerprint sharing was nonetheless “mandatory.”The emails were originally disclosed in heavily redacted form in August 2011. Less redacted versions were disclosed in June 2012. This is the first time they have been publicly released. Chris Newman, Legal Director of the National Day Laborer Organizing Network, said: “This is the latest proof that Secure Communities is not a targeted immigration enforcement program, but a deportation dragnet. California must take action to protect its residents against this Arizona-like program. We call on the California Senate to pass the TRUST Act to restore a bright line between criminal and immigration enforcement.” Sonia R. Lin, Clinical Teaching Fellow at the Cardozo Immigration Justice Clinic, said: “Secure Communities turns drivers’ license checkpoints into a ‘show me your papers’…

   TRUST Act to limit unfair detentions, profiling in California Senate   Sacramento. 06.27.2012 – As the US Supreme Court’s June 25, 2012 ruling on Arizona’s anti-immigrant law continues to spur passionate reactions across the nation, California is moving toward a vote on AB 1081, the TRUST Act, to become the “Anti-Arizona.”   The TRUST Act passed the state Senate Public Safety committee 5-2 on June 12, 2012. Mayor Villaraigosa of Los Angeles explains the bill would “restore [California’s] ability to focus limited law enforcement resources on protecting public safety.” Specifically, the TRUST Act sets a clear, minimum standard for local governments not to submit to burdensome requests from Immigration and Customs Enforcement (ICE) to detain people for deportation unless the individual has a serious or violent felony conviction and develops protections to monitor and guard against profiling in the state.   The TRUST Act, sponsored by Asm. Ammiano, creates a national model to counter the racial profiling inherent in Arizona’s SB1070 and sets an opposite direction from 1070’s section 2b, the section the Court did not strike down that requires police to investigate status based on ‘reasonable suspicion.’    Asm. Ammiano explains, “California cannot afford to become another Arizona. The TRUST Act will limit the unjust and onerous detentions for deportation in our local jails of community members who pose no threat to public safety.”   As a recent New York Times endorsing editorial the bill explains, “When every arrest is a potential immigration arrest, people in immigrant communities are afraid to report crimes or cooperate with investigations… Hence the Trust Act… It deserves to become law.”   The TRUST Act was originally drafted as a response to the federal Secure Communities program which was described as a parallel to SB1070 sec2b in the Supreme Court case and has been responsible for deporting over 72,000 Californians. 7 in 10 of those deported under Secure Communities in the state were deported with either no conviction or for minor offenses.  In the worst instances, Secure Communities is responsible for placing victims of domestic violence in deportation proceedings and deterring parents from reporting crimes committed against their children.   Supporters of the TRUST Act include the police chiefs of Oakland and Palo Alto, California’s Catholic bishops, and a wide cross-section of government officials, immigrant rights advocates, and legal experts   Contact Jon Rodney at 510.207.9520 or B. Loewe at 773.791.4668 for media availability with sponsors, advocates, and directly affected families.   Read the actual bill language here: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB1081   ###

  Mary Rose Wilcox, Pastor Stewart, Puente, ACLU Cite Pending Humanitarian Crisis, Call for Suspension of Secure Communities, Termination of All 287(g) Agreements in Arizona   PHOENIX, 6/27/2012 -- In the wake of the Supreme Court ruling in the Department of Justice SB1070 case that allowed section 2B, the racial profiling section of the law to move forward, more than one hundred Arizona-based organizations and notable individuals sent a letter calling on the state's former governor, Department of Homeland Security Secretary Napolitano, to end DHS' collaboration with Arizona to prevent a pending "humanitarian crisis."

Following the Supreme Court’s ruling on Arizona’s controversial state immigration law, S.B. 1070, Pablo Alvarado, Executive Director of the National Day Laborer Organizing Network, issued the following statement: “The court’s ruling in part confirms what we have said since the beginning: Arizona’s war of attrition against immigrants is not only inhumane, it’s also unconstitutional. However, allowing the racial profiling section to go forward poses a great risk to the constitution the court is charged to defend and to the Arizona families who will be targeted if it goes into effect. 

TRUST Act would ease burden on local governments of controversial program which has deported 72,694 CaliforniansSacramento - Today, by a vote of 5 to 2, the California State Senate's Public Safety Committee approved the new version of the TRUST Act (AB 1081 - Ammiano). The bill would reform California's participation in the discredited "Secure" Communities deportation program - which has faced severe criticism for undermining public safety and burdening local governments - by limiting the unfair, extended detention of immigrants in local jails for deportation. Details are available below. The bill now heads to the Senate Appropriations Committee for consideration.  

  Washington DC Maintains Bright Line Between Police and Wrongful Deportation Policies    June 05, 2012. Washington, DC   The Washington, DC Council was praised by a wide coalition of community, faith, and labor organizations for passing the Immigration Detainer Compliance Emergency Amendment Act in response to today’s federally imposed activation of Immigration and Customs Enforcement’s controversial "Secure Communities" deportation program.   The act, which was introduced by Councilmember Mendelson, will limit Immigration and Customs Enforcement's use of District facilities and equipment and also narrows S-Comm’s deportation dragnet by only responding to immigration detention requests for individuals who are over 18 and have been convicted of a dangerous crime. Last fall the permanent version of the act, the Immigration Detainer Compliance Amendment, was unanimously co-sponsored by all DC councilmembers. The act builds upon the Mayor’s Order 2011-174 (October 19, 2011) that prohibits all public safety agencies from inquiring about individuals’ immigration status or transmitting information about immigration status.   Sarahi Uribe of the National Day Laborer Organizing Network says, "We're proud to live in a city with a bright line guarding against unjust deportation policies that erode trust, divide our communities, and endanger our families.  DC has joined a growing trend of local governments that care about protecting the safety and rights of their residents.  When DHS Secretary Napolitano spread S-Comm throughout the country, it triggered a movement that is growing stronger by the day to resist and overcome the criminalization of immigrants.”    32BJ Capital Area Director Jaime Contreras adds: “Secure Communities only leaves us less secure as crimes go unreported and victims go unprotected when immigrants fear the police. City Council members are doing the right thing by passing legislation to preserve community trust and to reduce the number of unjust deportations. Enforcement-only tactics break up families, disrupt businesses, distract local law enforcement and drain local budgets. Congress must pass fair and balanced reform now to ensure immigrants are full participants in our economic recovery”   Jaime Farrant, Executive Director of AYUDA a legal services provider to the immigrant community including domestic violence victims, says:  We salute the DC Council's approval of the Immigration Detainer Compliance Emergency Amendment Act.  We believe that it is a positive step towards ensuring that DC maintains its reputation as a place where immigrants are welcomed and can have the opportunity to succeed in this country. Furthermore, we welcome the measure's desire to guarantee that immigrant crime victims can continue to…

  Council Plans Protections to Ensure Bright Line Between Law Enforcement and Wrongful Immigration Policy   Washington DC: On Monday elected officials and community members came together to denounce the forced activation of the controversial “Secure Communities” federal deportation program in District of Columbia. At the press conference, councilmembers also pledged their commitment to enact the Immigration Detainer Compliance Act that will mitigate the impacts of the “Secure Communities” program.   The act would limit Immigration and Customs Enforcement's use of District facilities and equipment and also narrows S-Comm’s deportation dragnet by only responding to immigration detention requests for individuals who are over 18 and have been convicted of a dangerous crime. The Act which, which was unanimously co-sponsored by all DC councilmembers, builds upon the Mayor’s Order 2011-174 (October 19, 2011) which prohibits all public safety agencies from inquiring about individuals’ immigration status or transmit information about immigration status.

What: Press Conference Announcing City Council Action in Response to Federal Announcement to Activate the S-Comm            Deportation Program When: MONDAY June 4th, 2012 at  11:00 am Where: Wilson Building 1350 Pennsylvania Ave. NW Washington, DC  Who: Councilmember Mendelson (invited), Councilmember Graham, Councilmember Barry, Mayor Vincent Gray (invited), Roxana Olivas, Director of Mayor's Office of Latino Affairs, and concerned community members. In what has become a pattern of total disregard for local decision-making, the federal government plans to activate the controversial "Secure Communities" deportation program in the District Tuesday, June 5th.  In 2010 Washington, DC became the first local jurisdiction in the country to officially opt-out of S-Comm when the program was still voluntary. In response to growing criticism, the federal government cancelled local contracts governing the program and made it mandatory. The District along with the Governors of Illinois, Massachusetts, New York and numerous other cities opposed the program because it damages trust between local police and the community, deters witnesses and crime victims from reporting crimes for fear of deportation.  Last fall Mayor Vincent Gray issued an Executive Order to strengthen protections for the immigrant community and on Tuesday the DC Council will vote on the Immigration Detainer Compliance Act which aims to mitigate some of the harm of the "Secure Communities" deportation program. Similar legislation has already been enacted in Cook County, Illinois; Santa Clara and San Francisco, California; the state of Connecticut and others.  For Background on the Secure Communities Program, read the national report "Restoring Community" http://altopolimigra.com/s-comm-shadow-report/