GLAHR Response to HB 87 Injunction

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With parts of HB 87 temporarily blocked, community still threatened by Governor’s appeal and already existing 287(g) and the so-called ‘se communities’ program.
06.27.2011 Atlanta, GA. Today Judge Thrash announced a temporary and partial injunction on HB 87, enjoining sections 7 and 8 of the state law while allowing other sections to move forward. Governor Deal promptly declared his intention to appeal the decision.
Teodoro Maus of the Georgia Latino Alliance for Human Rights (GLAHR), plaintiff in the injunction suit responded to today’s announcement saying,
“We know that the law is unconstitutional. We will continue organizing until it is erased from Georgia’s books and our community is respected in this state for all we contribute. We ask our neighbors to take this moment to correct the false image of our community that has been created for them by hate-mongering anti-immigrant efforts.”
Adelina Nicholls, executive director of GLAHR added, “The court decision is a positive step forward but our communities still face discrimination from police empowered by the Obama administration’s 287(g) and se communities programs.
The criminalization of migrants is the wrong direction for our country regardless of whether it is state laws or federal programs propagating it. We now need an injunction on the federal level to stop programs that separate families. We need to turn toward a pathway for legalization.”
Gwinnett and Cobb counties are two of the most egregious examples of the racial profiling and discriminatory policing that occurs under federal ICE Access programs such as 287(g). HB 87 would have been an escalation of the already existing violations of civil and human rights of migrant and Latino communities in Georgia. Advocates are calling for the federal government to take a more active role in preventing implementation of HB 87, ending its own initiatives that have resulted in racial profiling and discriminatory policing, and pursuing genuine immigration reform.
GLAHR continues to call for a Day without Immigrants on July 1st and a march in recognition of the migrant community’s role in Georgia at the capitol on July 2nd. The partial injunction marks a temporary victory but dangerous segments of HB 87 are still moving forward. In that the Governor has already pledged to appeal its decision, the struggle for immigration reform and against racial bias in the state continues. …

Cosmetic Reforms to Dangerous Se Communities Program More Spin than Substance

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Obama Administration dismisses evidence of Failed Deportation Program
(NYC, LA) In response to mounting criticism, the Obama Administration announced reforms to the “Se Communities” jail deportation program today. The reforms which acknowledges problematic and indiscriminate implementation fall short of the call for a moratorium on the program.
Revelations from a Freedom of Information Act lawsuit in which the National Day Laborer Organizing Network is a plaintiff represented by the Center for Constitutional Rights and the Benjamin Cardozo School of Law Immigration clinic, have described Se Communities as a deportation program in disarray, with deleterious effects on community safety, and potentially resulting in grave civil rights violations.
In recent weeks, the debate around S-Comm has reached a peak with Illinois and New York terminating the program and Massachusetts pledging not to join in. As a bill to regulate and reinforce the voluntary nature of S-Comm, the TRUST Act, is expected to pass the California Senate soon, Los Angeles and Oakland both passed resolutions seeking out of the program. Congresswoman Nancy Pelosi recently denounced S-Comm as “a waste of taxpayer money.” The Congressional Hispanic Caucus and Congressional Progressive Caucus have both called for an outright moratorium on the program pending its review by an expedited Inspector General investigation set to begin in August, 2011.
The following is a statement from Pablo Alvarado, Director of the National Day Laborer Organizing Network:
“We are stunned by the inadequacy of this announcement. Reform before review not only puts the cart before the horse, it continues to take the country in the wrong direction. Given the inherent problems to the program and the continued secrecy in its implementation, S-Comm should be suspended immediately until the Office of the Inspector General can complete its report.
Any program meant to revolutionize our immigration systems should be implemented with deliberation, care, and consultation with impacted communities. The Se Communities program has failed to do that, and these so-called reforms are more of the same. One cannot name a program that makes us all less safe, “Se Communities.”
ICE has gotten into the snake oil business, and we’re not ing. You don’t put a collar on a snake and call it a pet. As long the federal government insists on inserting the fangs of ICE Access into local law enforcement, we’ll all be wounded by its poisonous effect.
ICE has become a rogue agency, and it cannot be tursted to reform itself. Do the reforms announced today protect the women who faced the double violation of being placed in deportation proceedings after calling for help when facing domestic violence? Do the reforms create an open and transparent government that corrects the dissembling and dishonest approach taken? Do the reforms set standards to prevent local prejudiced policing from resulting in racial profiling? What about Sheriff Joe Arpaio in Arizona? Has his reign of terror- triggered by DHS- been brought to a halt? Hardly.
The Se Communities program is a Frankenstein. It doesn’t need make-up or cosmetic changes. It needs to be stopped immediately. The Latino community has come to view Se Communities as the symbol of President Obama’s broken promises on immigration reform. Cancellation of the program would help repair that trust and would be a step in the right direction. Anything less than suspension at this point is another symbol of the President’s approach to immigration: more spin than substance with disastrous consequences to our community.”
Chris Newman, Legal Director for NDLON, added, “Contrary to the administration’s claims, S-Comm undermines our shared goal of having a unified and reformed federal immigration policy. By delegating federal immigration authority into the hands of thousands of different state police, the federal government is gauranteeing the fragmentation of immigration enforcement. It is a force-muliplier for a broken status quo that has resulted in Arizona’s SB 1070 and copycat legislation. As a result of SCOMM, our immigration system begins to be shaped by potentially pernicious local policing patterns, and the long term unintended consequences to civil rights protections for immigrants are yet unknown.”
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 nationally.
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Lamar Smith’s E-Verify Proposal Launches Backward Arizona Policies to National Level

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Washington, DC. Rep. Lamar Smith added steam to the backward trend of Right-wing politics hijacking the political arena by introducing the overreaching e-verify bill that would mandate employer participation in the costly, inaccurate, and untested e-verify database.
The bill, a blend of Arizona’s anti-immigrant policies and Wisconsin’s anti-worker efforts, creates a toxic morass in Washington that would have devastating effects on the economy and is seen by many as a distraction to the real solutions Americans are seeking from Washington.
Pablo Alvarado, Director of the National Day Laborer Organizing Network, stated, “It’s nearly criminal that Lamar Smith would hijack the cause of those suffering from joblessness for his extreme political ends when Washington has an actual opportunity to provide real solutions to the hardships everyday people are facing in America.
Smith has compiled the worst practices from Arizona’s immigration policy and Wisconsin’s recent approach to unions and somehow combined them into an immoral piece of legislative scapegoating.
The America I want to live is one that welcomes the newest members of our communities and creates opportunities for all of us to succeed. Lamar Smith would like to roll up the sentiments of welcome expressed by the Statue of Liberty and toss them and the unions along with them into the Hudson. E-verify’s result would be to sink the country into an even deeper economic crisis, one that none of us could afford.
In one fell swoop, Smith alienates immigrants, unions, and those with concerns over government programs encroaching on our privacy with his fortress USA style policy.
However, our efforts together will move the country forward toward a better America. Congress should be verifying that everyone has access to a dignified job and quality education, that those who immigrate here to provide for themselves and their families have a pathway to inclusion.
As a national network of day laborers, we’re proud of the partnership we made with the AFL-CIO in 2006 that recognized the humble workers, street corner day laborers, as key partners in the labor movement whose efforts make a rising tide to lift all boats in the country.
We will not allow Rep. Smith’s efforts divide us or turn us around.”…

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….

CA Senate committee to hear TRUST Act as Rep. Pelosi calls S-Comm “waste of taxpayer money”

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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

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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….

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….

Department of Justice Should Intervene in not just Investigate Maricopa County

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Salvador Reza of the Puente Movement responded to today’s Department of Justice settlement for access to records in Sheriff Arpaio’s office with the following statement.
“Nearly three years after the beginning of their investigation, the Department of Justice should be intervening in Maricopa county not just investigating. The people of Maricopa have been living with a likely criminal at the head of our law enforcement for years and it’s time for relief. The County Sheriff’s Office should be placed under receivership without delay. Anything less than immediate intervention in our human rights crisis makes President Obama and former Governor Napolitano accomplices in the reign of terror- and likely criminal behavior- of Sheriff Joe Arpaio.”

The Department of Homeland Security which empowers Sheriff Arpaio through its ICE Access programs has recently come under fire for the expansion of Arpaio-style policies throughout the country through the “Se Communities” program. The agency has been accused of emulating the lack of transparency and discriminatory practices under investigation in the office of Sheriff Arpaio. As a result, the DHS’ spread of Arpaio-style policies is also coming under investigation by the OIG and is facing a growing call for an end to ICE Access programs that entangle local police in immigration laws. …