Mismanagement and Confusion on “Secure Communities”

The Washington Post reported that the immigration authorities at the Department of Homeland Security have still not come to internal agreement about the Secure Communities program despite nearly a year of criticism from local law enforcement, advocates and community leaders around the country. The program has been controversial since its inception and has been plagued by shifting definitions and unanswered questions.

The following is a statement from Brittney Nystrom, Director of Policy and Legal Affairs for the National Immigration Forum.

“For months, the National Immigration Forum has been sounding the alarm about this program because it erodes the trust that communities place in their local law enforcement agencies and disrupts community policing efforts. Scant safeguards for civil rights or necessary oversight create the potential for abuse and profiling. Yesterday’s story in the Post is only the latest controversy surrounding this confusing program.

In October, the Post revealed that opting out of Secure Communities was never a possibility, despite previous assurances since the program’s inception that localities had a choice about whether to participate. Law enforcement and elected officials in San Francisco, CA and Arlington, VA met repeatedly with ICE over the last year to terminate their participation, only to be told in October that they had no control over it. Now, internal DHS documents have revealed that while the Secretary was telling the nation that participation in the program was not a choice for local communities, her subordinates were telling some individual municipalities that they would be able to opt out.

This is another episode in a long saga of confusion, turmoil, and mismanagement surrounding Secure Communities. For nearly two years, DHS swore that the program was completely voluntary. Legitimate concerns about this program led several localities to opt out, only to be told later they didn’t have a choice in the matter. Confusion and contradiction does not inspire confidence, breeds distrust and makes it more difficult for local law enforcement to do their jobs.

At the same time, DHS seems hurried to deploy the program, despite unanswered questions and confusion. The program is expected to be deployed nationwide by 2013 and $184 million has been budgeted for 2012 alone. Although the program operates exclusively in jails, Secure Communities resulted in nearly as many non-criminal deportations in 2010 as deportations of Level 1 offenders. Aside from yet again straying from ICE’s enforcement priorities, these results raise serious concerns about how the program enables racial profiling and increases arrests of individuals who are not committing crimes. DHS should get its house in order before a rush to expand the program and asking Congress for even more money. Enforcement programs must be accountable, trustworthy, and efficient in the use of taxpayer funds. Secure Communities meets none of these benchmarks.

DHS must immediately clarify the rules that govern Secure Communities. Secretary Napolitano should take immediate steps to end the discrepancy between her words and those of her subordinates, and allow local communities to make up their own minds about participation in Secure Communities.”

For more information on Secure Communities, visit: http://www.immigrationforum.org/images/uploads/Secure_Communities.pdf

KJ