DHS Inspector General Report Exposes Abuses in State and Local Immigration Enforcement
AILA Doc. No. 10040238 | Dated April 2, 2010
FOR IMMEDIATE RELEASE:
Wednesday, April 1, 2010
CONTACT:
George Paul Tzamaras
202-507-7649
gtzamaras@aila.org DHS
Inspector General Report Exposes Abuses in State & Local Immigration
Enforcement
AILA Calls upon Secretary Napolitano and
Congress to End the 287(g) Program WASHINGTON, DC - Today the
Department of Homeland Security Office of Inspector General issued a
comprehensive
report confirming civil rights abuses in a federal program that
"deputizes" state and local law enforcement agencies to enforce immigration law.
The Inspector General tells of local officers arresting individuals who have
committed no offense - including even victims - for the sole purpose of
identifying whether they have lawful immigration status.
"Nothing is
more debilitating to American values than abuses committed by local police who
are the very essence of law enforcement and protection of our communities," said
Bernie Wolfsdorf, President of the American Immigration Lawyers Association
(AILA). In one case, a supervisor recounted how a state highway patrol officer
transported an accident victim to a jail to determine the victim's immigration
status. The officer did not take him to a hospital. The victim was not even
brought to the jail to be charged with a state crime. The sole -and
improper--purpose of the officer's actions was to determine whether the victim
was deportable. "Abuses like this severely undermine communities' faith in those
charged with protecting us and keeping our streets, communities, and businesses
safe."
"Many think demagogues like Sheriff Joe Arpaio of Arizona are the
exception to the rule, but we now know that such abuses are happening elsewhere
and with the permission of the federal government," said Wolfsdorf. The
Inspector General found that, under this deputizing program, some local police
have launched operations with the aim of detaining individuals for minor
offenses and violations of local ordinances so they could identify unauthorized
immigrants. Police apprehended immigrants even when they had no prior arrests on
state or local charges. The federal report confirms what community groups have
known for years: that officers arrest individuals for minor offenses, such as
fishing without a license or driving with broken taillight, as a pretext to
initiate deportation proceedings.
Under section 287(g) of the
Immigration and Nationality Act, state and local law enforcement agencies,
acting under federal supervision, may assume federal immigration enforcement
powers. This delegation of immigration enforcement power must be executed
through formal written Memoranda of Agreement between the federal government and
the local authority. The memoranda require state and local officers to abide by
federal civil rights laws. The Inspector General found widespread lack of
adequate training, guidance, monitoring or oversight. "The federal government
has failed in its duty to train and supervise local officers. This program has
turned local police into agents of fear within law-abiding communities," said
Wolfsdorf. "Immigration lawyers hear reports everyday that immigrants are afraid
to talk to the police and to report crimes. Through this program the federal
government is undermining the ability of local authorities to ensure all
Americans' safety and security." The report also noted that Immigrations and
Customs Enforcement (ICE) failed to provide accurate information about the
program to Congress and the public. AILA urges Secretary Napolitano to terminate
immediately the entire 287(g) program and calls upon Congress to end its
funding.
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The American Immigration Lawyers Association is
the national association of immigration lawyers established to promote justice,
advocate for fair and reasonable immigration law and policy, advance the quality
of immigration and nationality law and practice, and enhance the professional
development of its members.
Cite as AILA Doc. No. 10040238.