Posts Tagged 'Napolitano'

Immigrant Rights Groups demand end to Homeland Security’s 287(g) program and racial profiling

Immigrant Rights Groups’  Letter to President Obama Demanding An End to
Homeland Security’s 287(g) Program and Racial Profiling in Immigration Enforcement

Also see press release  Obama Accused of Continuing Bush’s Racial Profiling of Immigrants, Democracy Now on racial profiling and abuse in the 287(g) program, and NY Times Firm Stance on Illegal Immigrants Remains Policy (sic),  Shackled While Giving Birth – Police Abuse 287(g), and Immigrant Groups Protest Napolitano’s Visit

A handful of protesters call on the Obama administration to follow through on immigration reform. (Christine Lin/The Epoch Times)

Protesters call on the Obama administration to follow through on immigration reform. (Christine Lin/The Epoch Times)

San Francisco Gray Panthers and the national Gray Panthers have endorsed this letter.

July 31, 2009

The President

The White House

Washington, DC 20500

Dear Mr. President:

We, the undersigned civil rights, community, and immigrant rights organizations, urge you to imme-diately terminate the 287(g) program operated by the Department of Homeland Security (DHS). The program has come under severe criticism this year because local law enforcement agencies that have been granted 287(g) powers are using the program to target communities of color, including disproportionate numbers of Latinos in particular places, for arrest. Racial profiling and other civil rights abuses by the local law enforcement agencies that have sought out 287(g) powers have compromised public safety, while doing nothing to solve the immigration crisis.

We applaud your recent remarks acknowledging, that “there is a long history in this country of Afri-can Americans and Latinos being stopped by law enforcement disproportionately.” However, DHS’s continued use of the 287(g) program exacerbates exactly this type of racial profiling. In light of well-documented evidence that local law enforcement agencies are using 287(g) powers to justify and intensify racial profiling, Secretary Napolitano’s July 10, 2009 announcement that DHS has ex-panded the 287(g) program to include 11 new jurisdictions is deeply alarming.

Since its inception, the 287(g) program has drawn sharp criticism from federal officials, law enforce-ment, and local community groups. The program, largely recognized as a failed Bush experiment, relinquishes the power to enforce immigration law to local law enforcement and corrections agencies and has resulted in the widespread use of pretextual traffic stops, racially motivated questioning, and unconstitutional searches and seizures primarily in communities of color. In a country where racial profiling by law enforcement agents has led to massive arrests of people of color, these efforts to push immigrants into the criminal justice system is not surprising, but absolutely counterproductive to increasing public safety.

A March 2009 Government Accountability Office (GAO) report criticized DHS for program misma-nagement and insufficient oversight of the controversial program. The DHS Inspector General is currently conducting an audit of the 287(g) program, and the Department of Justice launched a civil rights investigation into the Maricopa County Sheriff’s Office, whose 287(g) program has been widely criticized for engaging in racial and ethnic profiling. The Police Foundation, the International Association of Chiefs of Police, and the Major Cities Chiefs Association have expressed concerns that deputizing local law enforcement officers to enforce civil federal immigration law undermines their core public safety mission, diverts scarce resources, increases their exposure to liability and litigation, and exacerbates fear in communities.

Reports of abuse in local communities have been widespread. In Davidson County, Tennessee, the Sheriff’s Office used its 287(g) power to apprehend undocumented immigrants driving to work, standing at day labor sites, or while fishing off piers. One pregnant woman—charged with driving without a license—was shackled to her bed during labor. In Gwinnett County, Georgia, even without formal 287(g) powers, over 350 individuals were detained and deported from the jail this February after being arrested for driving without a license, a county ordinance violation, or on traffic or misdemeanor charges. The Gwinnett jail is triple-bunked, with one person in each cell sleeping on the floor, and the jail’s internal SWAT team is known for appearing in ski masks to subdue detainees it deems uncooperative. Yet, Gwinnett County is among the 11 jurisdictions granted new 287(g) approval by Secretary Napolitano earlier this month.

In a recent research report, Justice Strategies, a nonpartisan research firm, found evidence that links the expansion of the program to racial animus against communities of color. According to FBI and census data, sixty-one percent of ICE-deputized localities had violent and property crime indices lower than the national average, while eighty-seven percent of these localities had a rate of Latino population growth higher than the national average.

The abusive misuse of the 287(g) program by its current slate of agencies has rendered it not only ineffective, but dangerous to community safety. The program has worked counter to community po-licing goals by eroding the trust and cooperation of immigrant communities and diverted already reduced law enforcement resources from their core mission. DHS’s proposed changes to the program not only fail to correct its serious flaws, but also create new ones.

We know that you are committed to tackling our nation’s most complex issues, for these reasons we ask that you examine the damaging impact the 287(g) program is having on immigrant communities across the country and terminate the program. We would be pleased to provide additional information or recommendations regarding current programs and operations of DHS.

Thank you for your consideration. Should you have any questions, please do not hesitate to contact Marielena Hincapié, executive director, National Immigration Law Center at (213) 639-3900 ext. 109.

Cc:

Janet Napolitano, Secretary, Department of Homeland Security

Eric Holder, Attorney General, USDOJ

Loretta King, Acting Assistant Attorney General for Civil Rights, USDOJ

Congressional Black Caucus

Congressional Hispanic Caucus

Congressional Asian Pacific American Caucus

Congressional Progressive Caucus

Mesa, AZ & Florence, AZ:

Rep. Ann Kirkpatrick, Rep. Jeff Flake, Sen. Jon Kyl, Sen. John McCain

Sussex, DE:

Rep. Michael N. Castle, Sen. Thomas R. Carper, Sen. Edward E. Kaufman

Gwinnett, GA:

Rep. David Scott, Sen. Saxby Chambliss, Sen. Johnny Isakson

Mesquite, NV:

Rep. Dean Heller, Sen. John Ensign, Sen. Harry Reid

Monmouth, NJ & Morristown, NJ:

Rep. Frank Pallone, Jr., Rep. Rodney Frelinghuysen, Sen. Robert Menendez, Sen. Frank R. Lautenberg

Guilford, NC:

Rep. Brad Miller, Sen. Kay R. Hagan, Sen. Richard Burr,

Rhode Island

Sen. Jack Reed, Sen. Sheldon Whitehouse

Charleston, SC:

Rep. Henry E. Brown, Jr., Sen. Lindsey Graham, Sen. Jim DeMint

Houston, TX:

Rep. John Culberson, Sen. Kay Bailey Hutchison, Sen. John Cornyn

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Immigrant Rights Activists Condemn Obama Plan to Expand Use of Local Police to Enforce Immigration Law

Immigrant Rights Activists Condemn Obama Plan to Expand Use of Local Police to Enforce Immigration Law

On July 10, Department of Homeland Security Secretary Janet Napolitano  announced plans to standardize and greatly enlarge the 287(g) program,  by which local law enforcement is given money, equipment, and powers  to enforce federal immigration law.  (See Homeland Security’s press release.)

As the following press release shows, turning immigration enforcement over to local police has led to  frequent police abuse, racial profiling, and rapid-fire detentions and  deportations.

In a related development, the ACLU has condemned the new standardized  Memorandum of Agreement governing local police under the 287(g) plan,  as a meaningless gesture to reduce local police abuses, writing “The  new standardized MOA makes no serious attempt at discouraging illegal  racial profiling or reducing the conflict between sound community  policing principles and the expansion of this program.”

As one immigrant rights activist wrote, “More groups and individuals going against the “Washington Consensus” –  legalization in exchange for even more enforcement-on immigration.  Please distribute this far and wide as the Obama and Napolitano are  trying to do this below the clouds-and some fog- of excitement around  the Sotomayor confirmation hearings. This is the clearest statement to  date of Obama’s willingness to support racist, dangerous and  ultimately failed immigration policy. That some of these groups have  not previously made statements against Obama and that they waste no  time using language still unheard of in echo chamber of Washington  (ie;” Condemning”) provides,  I think, an interesting preview of where  and how Obama’s credibility may rapidly drop in immigrants rights and  Latino communities.”

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

ADVOCATES ISSUE STATEMENT CONDEMNING OBAMA ADMINISTRATION’S

EXPANSION OF DHS’S FAILED 287(g) PROGRAM

FOR IMMEDIATE RELEASE July 17, 2009

Media Contacts:

Adela de la Torre, Communication Specialist, National Immigration Law  Center, 213.674.2832 (office), 213.400.7822 (cell)

Andrea Black, Coordinator, Detention Watch Network, 202-393-1044 ext.  227 (office), 520-240-3726 (cell)

Judith Greene, Director, Justice Strategies, 718-857-3316,  jgreene@justicestrategies.net

Civil rights and community groups across the country denounce  Department of Homeland Security (DHS) Secretary Janet Napolitano’s  plans to expand the highly criticized 287(g) program to eleven new  jurisdictions around the country.  The program, authorized in 1996 and  widely implemented under the Bush Administration, relinquishes, with  no meaningful oversight, immigration enforcement power to local law  enforcement and corrections agencies.

Since its inception the program has drawn sharp criticism from federal  officials, law enforcement, advocates and local community groups.  A  February 2009 report by Justice Strategies, a nonpartisan research  firm, found widespread use of pretextual traffic stops, racially  motivated questioning, and unconstitutional searches and seizures by  local law enforcement agencies granted 287(g) powers.  Justice  Strategies recommended the program be suspended.  “We found evidence  that growth of the 287(g) program has been driven more by racial  animus than by concerns about public safety.  The expansion of this  deeply flawed program cannot be justified before a thorough test of  corrective actions shows solid proof that they have been effective,”  reports Judy Greene, Director of Justice Strategies. A March 2009  Government Accountability Agency (GAO) report, criticized DHS for  insufficient oversight of the controversial program.

Also in March, the United States Department of Justice launched an  investigation into Sheriff Joe Arpaio of Maricopa County, Arizona, to  determine whether Arpaio is using his 287(g) power to target Latinos  and Spanish-speaking people.  In Davidson County, Tennessee, the  Sheriff’s Office has used its 287(g) power to apprehend undocumented  immigrants driving to work, standing at day labor sites, or while  fishing off piers. One pregnant woman—charged with driving without a  license—was forced to give birth while shackled to her bed during  labor. Preliminary data indicate that in some jurisdictions the  majority of individuals arrested under 287(g) are accused of public  nuisance or traffic offenses: driving without a seatbelt, driving  without a license, broken taillights, and similar offences.  Such a  pattern of arrests suggest that local sheriff’s deputies are  improperly using their 287(g) powers to rid their counties of  immigrants, by making pretextual arrests that are then used to  forcefully deport people. “We need only look at the example of  Maricopa County to understand the devastating effects the increased  287(g) program will have on our communities,” said Chris Newman, Legal  Programs Director of the National Day Laborer Organizing Network.  “The Obama administration must recognize that the 287(g) program is  predatory and ripe for corruption and profiling that will harm  community stability and safety for everyone.”

The Police Foundation, the International Association of Chiefs of  Police, and the Major Chiefs Association have expressed concerns that  deputizing local law enforcement officers to enforce civil federal  immigration law undermine the trust and cooperation of immigrant  communities, overburdens cities’ already reduced resources, and leaves  cities vulnerable to civil liability claims.  “When victims and  witnesses of crime are afraid to contact police for fear of being  jailed or deported, public safety suffers,” said Marielena Hincapie,  Executive Director, National Immigration Law Center.

Napolitano’s July 10 announcement that DHS has granted 11 new  jurisdictions 287(g) powers stunned advocates who had been expecting a  major overhaul of – or end to – this failed program.  “DHS is fully  aware that the abusive misuse of the 287(g) program by its current  slate of agencies has rendered it not only ineffective, but dangerous  to community safety.   It is surprising Napolitano did not simply shut  this program down.  Expanding this failed program is not in line with  the reform the administration has promised,” said Andrea Black,  Coordinator of the Detention Watch Network.

Signatory Organizations:

A Better Way Foundation, New Haven, CT

All of Us or None, San Francisco, CA

Border Action Network, Tucson, AZ

Center for Constitutional Rights, New York, NY

Center for Media Justice, Oakland, CA

Detention Watch Network, Washington, D

Families for Freedom, New York, NY

Florida Immigrant Coalition, Miami, FL

Grassroots Leadership, Austin, Texas

Homies Unidos, Los Angeles, CA

Immigrant Defense Project, New York, NY

Immigrant Justice Network

Immigration Law Clinic, UC Davis School of Law, Davis, CA

Immigrant Legal Resource Center, San Francisco, CA

Judson Memorial Church, New York, NY

Justice Strategies, New York, NY

Legal Services for Prisoners with Children, San Francisco, CA

Main Street Project, Minneapolis, MN

Media Action Grassroots Network, Oakland, CA

National Day Laborer Organizing Network

National Immigration Law Center, Los Angeles, CA

National Immigration Project of the National Lawyers Guild, Boston, MA

Partnership for Safety and Justice, Portland, Oregon

Project Rethink

Southern Center for Human Rights, Atlanta, GA


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