U.S. citizen sues over detention under Se Communities program

A computer spet is suing the FBI and the Department of Homeland Security after a controversial fingerprint-sharing program incorrectly identified him as an illegal immigrant and authorities ordered him detained in a maximum-security prison. The lawsuit is the first legal challenge by a U.S. citizen to the Se Communities program, which the Obama administration has expanded nationwide over the objections of immigration advocacy groups and Democratic governors in Illinois, New York and Massachusetts. Under the program, fingerprints obtained when local authorities arrest a suspect are automatically checked against immigration databases as well as FBI criminal databases. U.S. immigration agents are notified if the results indicate an immigration violation. When James Makowski, a Chicago-area resident who repairs computer networks for companies, pleaded guilty in December 2010 to a felony charge of selling heroin, he was sentenced to four months at a “boot camp”

National Restoring Trust Launch Seeks Alternatives to SB1070 & Pushes Back Against S-Comm

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 leaders
WHEN: Tuesday, July 10 at 12 Noon Eastern Time

SPEAKERS:

  • Cardinal Roger Mahony, Archbi 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 bloewe@ndlon.org for call-in number. 

California Senate OKs bill that would blunt deportation efforts – latimes.com

A bill that that would restrict California law enforcement from cooperating with federal immigration enforcement efforts passed the state Senate on Thursday. The Trust Act would prohibit police and sheriff’s officials from detaining arrestees for possible deportation unless the suspects have previous convictions for a serious or violent felony. The measure is aimed at blunting federal immigration enforcement, in particular the Se Communities program, under which fingerprints of arrestees are shared with immigration officials who issue hold orders. The legislation now goes to the Assembly, where even opponents say it is likely to pass. If signed into law, the measure would mark another in a string of state legislative efforts on behalf of California’s estimated 2.55 million illegal immigrants. The bill follows several months of controversy over whether Se Communities can be imposed on local jurisdictions, some of which adopted rules to keep local law enforcement separate…

California Senate OKs bill that would blunt deportation efforts – latimes.com

A bill that that would restrict California law enforcement from cooperating with federal immigration enforcement efforts passed the state Senate on Thursday. The Trust Act would prohibit police and sheriff’s officials from detaining arrestees for possible deportation unless the suspects have previous convictions for a serious or violent felony. The measure is aimed at blunting federal immigration enforcement, in particular the Se Communities program, under which fingerprints of arrestees are shared with immigration officials who issue hold orders. The legislation now goes to the Assembly, where even opponents say it is likely to pass. If signed into law, the measure would mark another in a string of state legislative efforts on behalf of California’s estimated 2.55 million illegal immigrants. The bill follows several months of controversy over whether Se Communities can be imposed on local jurisdictions, some of which adopted rules to keep local law enforcement separate…

CALIFORNIA SENATE PASSES ‘TRUST ACT” TODAY

Vote repudiates Homeland Security’s “Se 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 “Se 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.

U.S. Immigration and Customs Enforcement program faces novel challenge

We’ve been hearing a lot about how immigration enforcement intersects with local law enforcement. Last week, the U.S. Supreme Court upheld an Arizona requirement that police officers check the immigration status of people they stop for other reasons. Now we’ll hear from our West Side bureau about a suburban Chicago man who got tangled up with immigration enforcement after a arrest. He has filed a suit that offers a novel challenge to one of President Obama’s key immigration-enforcement programs. MITCHELL: There’s no doubt James Makowski of Clarendan Hills did something illegal. In 2010 police caught him with heroin and he pleaded guilty to that. A judge approved him for a state-run boot camp. But that’s not where Makowski ended up. MAKOWSKI: I thought I would be home in 120 days but — then after I get a note back from a counselor, view after I’d asked about when I’d be shipping to boot camp — she said that I was ineligible for boot camp due to an immigration detainer.

Newly Obtained Documents Reveal Se Communities Program Leads to Deportations of People Who Have Never Been Arrested

July 3, 2012—Today, advocates released emails from the FBI and the Immigration and Customs Enforcement agency (ICE) that show that ICE’s controversial Se 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…

After Arizona, a Struggle Continues – NYT Editorial

The Supreme Court ruling on Arizona’s immigration law shredded the law’s radical premise — that a state can write its own foreign policy, order impose its own criminal punishments on the undocumented, check set its own enforcement priorities and oblige the federal government to go along. That should be the final warning to Arizona and copycat states like Alabama: stop concocting criminal dragnets for civil violators. It’s not your job and you can’t do it.

Arizona SCOTUS Ruling Frames NY “Se Communities” Debate

NEW YORK – Just one day after the U.S. Supreme Court’s split decision on Arizona’s controversial immigration law, a new education campaign is being launched today to deal with local fears surrounding enforcement on Long Island of federal immigration rules, particularly the Se Communities immigration program, known as S-com. Ted Hesson, online editor for Long Island Wins, says that for now the portion of the Supreme Court ruling that upholds the “show me your papers law” applies to Arizona police, but his group is concerned because there have been plenty of copycat laws around the nation. “Whereas S-com is sort of de facto authorizing police to act as immigration agents on the local level, this is actually requiring the police who are out there to be doing this as part of their job.” The Supreme Court ruled that the remaining three provisions of Arizona’s immigration law violate the Constitution.