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Government Task Force Pans 287(g)

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October 5, 2009

The newest criticism of the already widely condemned 287(g) program, under which state and local law enforcement agencies gain federal immigration enforcement authority, comes from a U.S. government task force advising the Department of Homeland Security (DHS) on border issues. The , comprised of 鈥渓aw enforcement, elected officials and national security experts from around the country鈥 selected by DHS Secretary Janet Napolitano, has .

We hope this paves the way for the federal government to acknowledge finally that the 287(g) program is deeply flawed as advocates, experts and many police have repeatedly stated. Criticism of the program has continued to grow since July when the Obama administration announced that it would expand the Bush-era program without instituting significant reforms. Over 500 organizations sent a letter to the president demanding an end to the program on the grounds that it has been misused by local law enforcement officials, like Sheriff Joe Arpaio of Arizona, to promote racial profiling.

Last week, the Congressional Hispanic Caucus saying 鈥渢he misuse of the 287(g) program by its current participants has rendered it ineffective and dangerous to community safety鈥 and calling for its immediate termination. The letter also stated that the program is alarmingly mismanaged with insufficient oversight, increases exposure to liability and litigation, and undermines the law enforcement鈥檚 relationship with the communities they protect.

Some police departments are abandoning the program. Two Massachusetts law enforcement agencies 鈥 the . In explaining Framingham鈥檚 decision to withdraw, Framingham Police Chief Steven Carl noted that the 287(g) program hurts the police鈥檚 relationship in the community. County officials of Middlesex County, New Jersey this past week, saying that 鈥淏y taking on additional responsibility for no additional compensation as well as the increased liability as called for under the federal government's 287(g) program, the county would not be acting in the best interests of Middlesex County's residents.鈥

DHS should take this opportunity to carefully consider the problems with 287(g) identified by informed critics around the country and by its own handpicked advisors. An honest and thorough review will reveal that the costs of 287(g) 鈥 in resources, increased racial profiling, and decreased public safety 鈥 far outweigh any benefits.

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