As ICE Reports Record Numbers, Two Cities Seek to Ensure Public Safety and Civil Rights By Limiting Agency’s Overreach

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Washington, DC.
Today Washington, DC Mayor Vincent Gray took strong steps to protect district residents from harmful immigration enforcement programs as Santa Clara, CA passed new legislation that leads the nation in setting the standard how to do so. After Santa Clara’s 3-1 vote banning county resources from being used to assist ICE in the enforcement of federal civil immigration laws, beyond what is legally required, Supervisor Shirakawa commented, “Today, Santa Clara County makes it official, we don’t do ICE’s job.”

Last year, the two cities were the first in the country to “opt-out” of the discredited Se Communities deportation program.

Now that the federal government has attempted to force their participation through the legally dubious maneuver of declaring the program as mandatory, cities are registering their opposition by seeking new methods to limit ICE’s overreach into local jurisdictions. DC’s executive order brings new transparency and safeguards to the justice system’s interaction with ICE while Santa Clara voted to decline to use any of its resources to respond to ICE’s civil immigration holds.

Sarahi Uribe, organizer for the National Day Laborer Organizing Network, explains, “DC should be proud that our city officials continue to strive to protect all the city’s residents. As a result of the Mayor’s order today, everyone in the city is safer. We’ll continue to work together to keep addressing the risks of harmful immigration enforcement.”
Mackenzie Baris, Lead Organizer with DC Jobs with Justice added, “This is a good step in continuing to ensure there’s a bright line between our local police and criminal justice system and Immigration and Customs Enforcement. As our communities face growing threats by expanding ICE interior enforcements we will continue to ensure that families are safe and people rights are protected regardless of their status.”

“Santa Clara County is home to a diverse immigrant community and as residents of this county, we believe that all county practices should strive to keep families together and protect the human and civil rights of all people. Therefore, we applaud the Board of Supervisors for leading the way and doing what is right for our county. This policy sends a clear message to immigrant communities that local law enforcement is not ICE,” says Jazmin Segura, Services, Immigrant Rights and Education Network.
“Santa Clara County sets a positive example for other localities across the country, first by being one of the first localities in the nation to declare its intention to opt out of S-Comm, and now by passing the most progressive anti-immigration enforcement policy in the nation. This policy demonstrates that local participation in the enforcement of immigration laws is not mandatory and that due process and equal under the law applies to all persons in the U.S.,” said Angie Junck, Staff Attorney with the Immigrant Legal Resource Center.

Similar policies have been implemented in Cook County, IL and San Francisco, CA. A new report released today from the Warren Institute condemning the overreach of Se Communities validates the cities’ new policies. Santa Clara’s new policy can be read at http://bit.ly/sccice

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Baltimore Opposes Se Communities, Adds Voice to Chorus Calling for Suspension of the Discredited Program

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Baltimore, MD. Last night the Baltimore City Council adopted a resolutioncondemning the “Se Communities” program which entangles local police in federal immigration issues. The Council expressed concern for the of the cities newest residents and urged the Maryland’s Congressional delegation to support the demand of the Congressional Hispanic Caucus and Congressional Progressive Caucus by calling for a suspension of the program pending an Inspector General review.
Pablo Alvarado, Director of the National Day Laborer Organizing Network, applauded the resolution by saying, “The tide is turning on the dangerous, dishonest ‘se communities’ program. S-COMM was sold to the American public by DHS under false pretenses. The more we learn about the program, the more urgent it becomes to end it. It makes communities less safe, it imperils civil rights, and it is poisoning political efforts to reform unjust immigration laws. Yesterday, the Baltimore City Council took action to prevent the Arizonification of the community.
There is an urgent need to stop the harm being caused by the falsely named “Se Communities” and 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. ”
The resolution by the Baltimore City Council is part of a growing trend of local opposition to the coercive federal program. In the past month, Illinois and New York pulled out of the program while Massachusetts refused to join in. State legislation in California is being heard in the Senate today as calls for California’s Governor to suspend the program grow. Last Friday, Congresswoman Nancy Pelosi described S-Comm as a “waste of taxpayer money.” For more background information, download http://ndlon.org/pdf/scommbrief.pdf
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….

ICE Anonymous Response to States’ Rejection of Se Communities, Characteristic of Agency’s Dishonesty and Lack of Transparency

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– New York and Washington – Today, advocates and attorneys critical of the controversial immigration program Se Communities (S-Comm) decried the agency’s placing of anonymous sources in articles in the New York Times and Boston Globe to bolster its contention that the program is mandatory even as more and more localities and states choose to opt out. With New York and Massachusetts following Illinois, the Department of Homeland Security’s (DHS) Immigration and Customs Enforcement Agency (ICE) is waging a campaign of coercion to force states and localities to adopt a program that faces wide calls for its termination due to its dishonest and indiscriminate implementation. Started in 2008, S-Comm runs the names and fingerprints of everyone arrested in participating localities through federal immigration and criminal databases. Law enforcement professionals have said the program results in a deterioration of community-police relations as local officers are commandeered to assist with the work of the feds. The agency’s story about the ability to opt out of the program has shifted constantly, and many localities and members of Congress feel that ICE lied to them in the process.
(More Background Information available at http://ndlon.org/pdf/scommbrief.pdf)
Said Bridget Kessler, Clinical Teaching Fellow at the Immigration Justice Clinic of the Benjamin N. Cardozo School of Law, “Through Freedom of Information Act litigation we have sought disclosure of the opt-out policy and the legal basis for the DHS’ most recent position that states and localities cannot opt-out. So far, ICE has stonewalled and refused to turn over an unredacted version of a legal memorandum about the authority to make the program mandatory. The lack of transparency on this issue is stunning. The public has a right to straightforward information from the federal government about the purported legal basis for programs that cost taxpayers millions of dollars–particularly when the government appears to be forcing these programs on unwilling states and cities.”
A recent statement by an assistant director at the FBI called into question whether they can force information sharing: “[W]e don’t own those records. They’re owned by the states, by the 18,000 law enforcement agencies across this country. They submit them to us and allow us to use them, we hold them and distribute them per their agreements with each of the states. And every state has a different law governing what records can be distributed and what they can be used for. The challenge is walking that line and making sure we’re not violating any of the states’ rights in addition the federal laws that we have.”
Said Pablo Alvarado, NDLON Executive Director, “DHS is more a rogue agency than a reliable source at this point. The agency’s use of anonymous sources signals a lack of transparency and secrecy that has no place in a democracy. ICE continues misrepresenting the program. DHS can’t be taken on its word to write its own legal authority. There’s never been a mandate to make end run around 10th amendment nor a mandate to enlist police as frontline deportation officers.”
Said Center for Constitutional Rights Attorney Sunita Patel, “Regardless of the legal authority to do so, one thing is clear: Making S-Comm mandatory is bad policy. New York, Illinois and Massachusetts agree that the program is harms all of us. We are concerned with potential constitutional violations and privacy violations if the federal government compels information sharing. DHS should halt the program for an immediate review and, at minimum, allow states and localities to opt-out or limit their participation in the program.”
Visit CCR’s NDLON v. ICE case page or the joint website, UncovertheTruth.org, for the text of the FOIA request, the lawsuit filed in the Southern District of New York and all other relevant documents.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. Visit www.ccrjustice.org
The mission of the National Day Laborer Organization Network is to improve the lives of day laborers in the U.S. by unifying and strengthening its member organizations to be more strategic and effective in their efforts to develop leadership, mobilize day laborers in order to protect and expand their civil, labor and human rights. Visit www.ndlon.org
The Immigration Justice Clinic of the Benjamin N. Cardozo School of Law was founded in 2008 to provide quality pro bono legal representation to indigent immigrants facing deportation. Under the supervision of experienced practitioners, law students in the Clinic represent individuals facing deportation and community-based organizations in public advocacy, media and litigation projects. Visit www.cardozo.yu.edu
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Pressure Grows on President to End Rogue ICE Deportation Program

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NDLON, Law Enforcement, Attorneys and Affected Community Interviews and Visuals Available Upon Request.
(Los Angeles, Washington DC) In the growing groundswell of opposition, the New York Times echoed the call of the Congressional Hispanic Caucus and others to end the “Se Communities” (S-Comm) program in an editorial published today. The Times stated, S-Comm has “made Republican hard-liners happy by bolstering the noxious argument that all undocumented immigrants are mere criminals, deportees-in-waiting. This is a failure of decency and good sense. It merely punishes and does nothing to actually come to grips with the problem of illegal immigration.”
Yesterday, the Los Angeles City Council passed a resolution calling for the ability to opt-out of S-Comm and Oakland voted to support the California TRUST ACT, legislation meant to the state’s participation in the program. 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.”
Pablo Alvarado, Director of the National Day Laborer Organizing Network, commented, “”The tide is turning on S-Comm. A chorus of opposition to the program is growing louder as the migrant rights movement demands a reversal of politics that criminalize immigrants. It is clear S-Comm threatens community safety, it results in gross civil rights violations, and it undermines efforts to reform immigration laws. 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.”
The National Day Laborer Organizing Network (NDLON) is a plaintiff with the Center for Constitutional Rights and Benjamin Cardozo School of Law 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 national Turning the Tide campaign….

Los Angeles Resolution Calls for SCOMM OPT OUT

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(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….

As Illinois Senate Passes State Dream Act with Bipartisan Vote, Governor Quinn Terminates Troubled Deportation Program

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Today, Illinois Governor Pat Quinn sent a letter to Immigration and Customs Enforcement notifying the agency that because of its indiscriminate use of the “Se Communities” deportation program, the State is ending its participation in the program. The letter states “that the implementation of the Se Communities program in Illinois is contrary to the stated purpose of the MOA… By ICE’s own measure, less than 20% of those who have been deported from Illinois under the program have ever been convicted of a serious crime.” The Governor’s letter concludes, “With this termination, no new counties in Illinois can be activated and those counties that were previously activated… must be deactivated and removed from the Se Communities program.”
Joshua Hoyt, Executive Director of the Illinois Coalition for Immigrant and Refugee Rights, praised the Governor’s action: “Governor Quinn took the state of Illinois one step forward toward sensible solutions for our broken immigration system. We need more policies like the Illinois DREAM Act, which the Senate passed today, not indiscriminate and reckless enforcement.”
The Governor’s letter comes in the wake of mounting criticism of the “Se Communities” program for what U.S. Rep. Zoe Lofgren of California describes as outright deception in its implementation and for the widely reported use of the program to deport people still presumed to be innocent despite the program’s mission of focusing on “convicted dangerous criminals.”
The Illinois legislature is scheduled to weigh in on the program with a pending vote on the Smart Enforcement Act, which would regulate and require reporting on the program.
Chris Newman from the National Day Laborer Organizing Network concluded,” DHS has been reckless and dishonest in its rapid expansion of a program that commandeers scare local law enforcement resources, endangers community safety, and erodes trust in law enforcement. The simple fact is DHS cannot make law and policy by decree, and Governor Quinn has taken appropriate action to protect the residents of Illinois.”…

Following Allegations of ICE Lies, California Bill Would Renegotiate Participation in Se Communities

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Ammiano bill would let localities out of troubled S-Comm immigration program;
Testimony from Sheriff, S-comm victims to show program’s harm to public safety
What: Assembly Public Safety Committee Hearing on AB 1081 (Ammiano), the TRUST Act, which would honor the right of local governments to opt out of ICE’s controversial “Se” Communities or S-Comm Program and set basic standards for jurisdictions that choose to participate.
When: Tuesday, April 26, 2011
* Interview availability at 10:30 AM
* Hearing begins at 9:30; TRUST Act may be heard any time during the hearing.
Where: Room 126, California State Capitol, Sacramento; Interview availability in hallway outside room.
Who: (Available at 10:30 AM)
· San Francisco Sheriff Michael Hennessey
· Retired Sacramento Police Chief Arturo Venegas
· Norma – domestic violence victim facing deportation due to S-Comm

· Another person directly impacted by S-Comm (details to be released Tuesday.)
Note that Asm. Ammiano will be available for comment after the conclusion of the hearing.
Media visuals: Dozens of supporters packing the halls, wearing “Stop S-Comm” t-shirts and stickers, dramatic testimony from immigrants who have experienced hardship and fear due to S-Comm
Background: As Immigration and Customs Enforcement (ICE) faces a growing storm of criticism from public officials over its troubled S-Comm program, the Assembly Public Safety Committee will hear a bill that would grant decision-making power to local governments on whether, and how, to relate to the controversial initiative.
The hearing takes place days after Rep. Zoe Lofgren (D- San Jose) called for an investigation into ICE officials’ “dissembling and deceiving” conduct on the question of whether local governments were required to participate in the burdensome program. According to Rep. Lofgren, ICE was “not honest with the local governments or with me.”
Lofgren’s forceful criticism followed the disclosure of hundreds of…