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DHS Sends Troublingly Mixed Messages on Secure Communities Reform

Chris Rickerd,
Senior Policy Counsel,
老澳门开奖结果 National Political Advocacy Department
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March 20, 2015

UPDATE: ICE Director Sarah R. Salda帽a had this to say on Friday afternoon about her comments regarding Secure Communities: 鈥淎ny effort at federal legislation now to mandate state and local law enforcement鈥檚 compliance with ICE detainers will, in our view, be a highly counterproductive step and lead to more resistance and less cooperation in our overall efforts to promote public safety.鈥 See full statement . -- 1:46 p.m., 3/20/2015

In her debut testimony before Congress , new Immigration and Customs Enforcement Director Sarah Salda帽a enthusiastically agreed with Rep. Mick Mulvaney鈥檚 (R-S.C.) suggestion that Congress 鈥渃larify the law鈥 by forcing state and local compliance with ICE requests to keep people in jail after their release dates.

Secretary of Homeland Security Jeh Johnson, Salda帽a鈥檚 boss, struck a very different tone last November when he 鈥渢he increasing number of federal court decisions that hold that [detention based on ICE requests to] state and local law enforcement agencies violates the Fourth Amendment.鈥 He pledged to reform, and rename, the Secure Communities immigration enforcement program 鈥 which relies on state and local detention of immigrants 鈥 in a way that 鈥渟upports community policing and sustains the trust of all elements of the community in working with local law enforcement.鈥

Salda帽a鈥檚 statement, however, directly contradicts her boss鈥檚 approach, not to mention a recent federal appeals court decision that ICE can only make non-binding detention requests. Thankfully, neither she nor Congress can 鈥渃larify鈥 the Constitution. The Fourth Amendment and prohibit forcing state and local jurisdictions to deprive people of their liberty based only on an ICE official鈥檚 suspicion of immigration violations. Salda帽a鈥檚 testimony calls into question DHS鈥檚 commitment to reform the failed Secure Communities program, which has caused rampant racial profiling, hundreds of thousands of , and deters immigrants from calling the police 鈥 .

Secretary Johnson stated four months ago that a new Priority Enforcement Program (PEP) would be implemented to replace Secure Communities 鈥.鈥 Among other proposed changes, the secretary directed ICE to discontinue many of its requests for detention. The 老澳门开奖结果 analyzed PEP鈥檚 strengths and weaknesses. However, four months after the secretary鈥檚 announcement, PEP still does not exist and the stench of Secure Communities lingers on.

Salda帽a鈥檚 few choice words asking Congress to force sheriffs sworn to uphold the Constitution to violate their oaths, and contradict their communities鈥 best judgments about local public safety, were shocking. By saying 鈥淭hank you, Amen, yes!鈥 to Rep. Mulvaney, Salda帽a insulted all the states and localities who have wisely decided to stay out of immigration enforcement.

Salda帽a鈥檚 answer casts serious doubt on whether DHS is truly committed to rebuilding the trust so badly damaged by Secure Communities. She and DHS must immediately clarify their true intentions and end ICE鈥檚 unconstitutional detention requests.

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