Cost of Responding to Immigration Detainers in California
The Cost of Responding to Immigration Detainers in California
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…
State Senate Committee approves bill to counteract disgraced “S-Comm’ deportation program
TRUST Act would ease burden on local governments of controversial program which has deported 72,694 Californians
Sacramento – 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 “Se” 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.
California TRUST Act with Amendments
Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody, in situations when gaining immediate physical custody is either impracticable or impossible.
This bill would prohibit a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from criminal custody, unless the local agency adopts a plan that meets certain requirements prior to or after compliance with the immigration hold, and, at the time that the individual becomes eligible for release from criminal custody, certain conditions are met.
CA Senate committee to hear TRUST Act as Rep. Pelosi calls S-Comm “waste of taxpayer money”
What: The Senate Public Safety Committee is expected to hear AB 1081 (Ammiano), the TRUST Act, which would reform California’s participation in S-Comm, ensuring local governments’ ability to opt out of the deeply troubled program and setting basic standards for jurisdictions that do choose to participate.
When: Tuesday, June 14, 2011
- Hearing begins at 9:30; TRUST Act may be heard any time during the hearing.
- Interview availability at about 10:30 AM
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Congresspeople Call on Governor Brown to Suspend Discredited Se Communities Program in California as Pelosi Calls Program Waste of Money
Los Angeles, CA. – Today Members of Congress held a press conference in Los Angeles to call for a suspension to the federal “Se Communities” jail deportation program that entangles local law enforcement in immigration issues. The program is considered widely discredited as a wave of cities and states including Illinois, New York, Massachusetts, and most recently Los Angeles have either ended their participation, refused to join, or have sought a way out of the program. The opposition stems from numerous reports of the program resulting in a chilling effect on community-police relations as people presumed innocent and even domestic violence survivors are caught in its dragnet. In addition to its community-level impact, Congresspeople and state officials are balking at systemic lying and dishonesty in the agency exposed by a Freedom of Information Act lawsuit.
The Congresspeople’s call for Governor Brown to suspend the program as other Democratic governors have done reflects the urgency of stemming its negative impact. California is already considering a bill, the TRUST Act, which passed its assembly and is awaiting a vote in the Senate which would regulate the program and reinforce its voluntary nature for localities.
Rep. Judy Chu stated, “The program as implemented has undermined our police department’s mission of protecting the public… I sincerely hope we suspend our state’s participation in the program.
“The fact there are so many unanswered questions is the reason why we need an inspector general report.” added Rep. Allard
Pablo Alvarado, Director of the National Day Laborer Organizing Network, commented, “What started as an effort to uncover the truth about S-Comm has evolved into a consensus view that the program should be scrapped all together. S-Comm has come to symbolize the President’s broken promises on immigration reform. The fact is that it has not yet been frozen is now being viewed as a betrayal and places the urgent need to end the program on the desk of our local officials.
Our local officials were misled into the program and now is the time to lead us out. The tide is turning on the dangerous and dishonest ‘se communities’ program. ICE has gotten into the snake oil business. It sold S-COMM to the American public under false pretenses. It makes communities less safe, it imperils civil rights, and it is poisoning political efforts to reform unjust immigration laws.
Today, Rep. Becerra and the other Congresspeople said very clearly that this program has no place in California or anywhere in our democracy. We must prevent the Arizonification of our community whether it comes in the form of SB 1070 or s-comm. There is an urgent need for California to do better for its residents and to suspend s-comm immediately.”
Timeline of Recent S-Comm Activity:
* 06-10-2011 Rep Becerra and others hold Press Conference calling on Governor Jerry Brown to suspend S-Comm in California
* 06-10-2011 Nancy Pelosi critiques S-Comm as “waste of taxpayer dollars” http://bit.ly/scommpelosi
* 06-06-2011 Congressional Progressive Caucus sends letter to President Obama calling for moratorium on the program
* 06-06-2011 Massachusetts Governor Deval Patrick refuses to join the program
* 06-01-2011 New York Governor Cuomo Suspends S-Comm in his state
* 05-05-2011 Congressional Hispanic Caucus sends letter to President Obama calling for moratorium on the program
* 05-03-2011 Illinois Governor Quinn terminates S-Comm Memorandum of Agreement with ICE in his state
* 04-25-2011 Rep. Lofgren calls for Inspector General Investigation into S-Comm
The National Day Laborer Organizing Network (NDLON) is a plaintiff in an on-going FOIA lawsuit against DHS/ICE for access to documents related to the Se Communities Program. NDLON plays a central role in California advocacy for the TRUST Act and coordinates the Turning the Tide campaign….
Los Angeles Resolution Calls for SCOMM OPT OUT
(Los Angeles) The City Council today passed a resolution opposing the discredited “Se Communities” jail deportation program, amid growing calls for the California TRUST ACT, legislation moving in Sacramento which would limit California’s participation, and ensure local police’s ability to opt-out of the program.
The resolution is part of a turning tide against the Obama Administration’s discredited jail deportation program.
Pablo Alvarado, Director of the National Day Laborer Organizing Network commented, “The tide is turning on the dangerous, dishonest ‘se communities’ program. S-COMM was sold to the American public by DHS under false pretenses. It’s snake oil. It makes communities less safe, it imperils civil rights, and it is poisoning political efforts to reform unjust immigration laws. Today, Los Angeles said very clearly it isn’t ing the snake oil, and the City Council has taken action to prevent the Arizonification of our community.
There is an urgent need for the TRUST Act in California, and an end to the program all together. Se Communities has become a symbol of President Obama’s broken promises on immigration reform. Ending it would be a concrete step to repair that trust, and it would be the first step on a path to immigration reform. ”
Los Angeles City Councilmember Reyes said, “We need to end this ugliness, the meanness of federal policies that are punitive to vulnerable people. This is not the America we want.”
Michel Moore, Assistant Chief of Special Operations of the LA Police Department, reaffirmed, “Undocumented status is of no interest to the department. Se Communities undermines our ability to maintain trust and communication with communities. Trust and communication that’s essential to ensure their safety.”
Councilmember Huizar stated, “We say no thank you to the federal government. We say no to s-comm.”
More than a year ago, Washington DC, Arlington, VA, San Francisco, and Santa Clara, CA sought to opt-out of what was originally represented as a voluntary deportation program, “Se Communities.” The actions of those cities has escalated to a domino effect of states seeking out of the now discredited program, attempting reforms, or pledging not to participate in the case of those yet to sign-on.
In the past month, Governor Quinn of Illinois and Governor Cuomo of New York announced their suspension of the program and the cancellation of the memorandum of agreements between their states and the Immigration and Customs Enforcement agency. Observing how S-Comm has been implemented in other states, Massachusetts Governor Patrick announced Monday that his state would not sign on to the program. In California, a bill that would regulate the program and reinforce its voluntary nature, the TRUST Act, recently passed the Assembly and is awaiting vote in the Senate.
Congresswoman Zoe Lofgren has said DHS has been “essentially lying to local government” about the program. Her calls for a thorough investigation have corresponded with requests by the Congressional Hispanic Caucus to immediately suspend the program.
The Oakland City Council is scheduled to pass a similar resolution this evening.
The National Day Laborer Organizing Network (NDLON) is a plaintiff in an on-going FOIA lawsuit against DHS/ICE for access to documents related to the Se Communities Program. NDLON plays a central role in California advocacy for the TRUST Act and coordinates the Turning the Tide campaign….