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New report tells us how S-Comm makes the American Dream a “criminal proposition”

President Obama holds the unflattering distinction of having overseen the most deportations under any American president in history. Since the deeply flawed Secure Communities program (S-Comm) was launched by Immigration and Customs Enforcement (ICE) in 2008, around 100,000 people have been deported through its unjust policies and enforcement. Furthermore, in fiscal year 2010, almost 400,000 people were deported under various stipulations (including S-Comm), making it one of the worst years for deportation in our country’s history.  The program’s design and implementation flaws have encouraged racial profiling by law enforcement officials and also victimized those convicted of lesser crimes such as traffic violations, etc. Contrary to its name, Secure Communities is a program that makes people feel less safe, hurting the trust that is a cornerstone of an effective law enforcement system in a diverse country such as this.

In a post-9/11 scenario where state paranoia has amplified and hurriedly turned into ineffective and damaging law enforcement policies, the moves made by ICE are not only alienating an aspiring new generation of immigrants, but also gravely affecting the bedrock of this country. Instead of reacting productively to the widespread criticism, ICE has hardened their stance even more. In a shocking development last week, ICE eliminated the Memoranda of Agreement (MOA) that it had signed with some states, thereby enforcing S-Comm without any state or federal agreement at all. It has also vowed to keep extending S-Comm nationally by 2013, regardless of whether individual states disapprove.

On August 16, the National Day Laborer Organizing Network (NDLON), in partnership with Detention Watch Network (DWN) and several other human rights organizations, released a comprehensive report titled ‘RESTORING COMMUNITY: A National Community Advisory Report on ICE’s Failed “Secure Communities” Program.’ (PDF). The report maps out details of how S-Comm has failed as an immigration policy, doing much more irreversible damage than actually fixing the problem at hand. It includes testimony from law enforcement officials, scholars and academics, and organizers and advocates. Criticizing the ineffective program, the report summarizes S-Comm, stating that:

It multiplies laws and enforcement policies that, in effect, make the pursuit of the American Dream a criminal proposition for current generations of immigrants. That such a program should be the showcase policy of an Administration that presents itself asa champion of immigration reform is a betrayal. Multiplying the force of misguided policy and unjust laws is not reform—it is a step backwards.

The report criticizes the entangling of local police in civil immigration law enforcement, and warns agains the “Arizonification” of the country. While highlighting the flaws of S-Comm, the report also stresses on the way forward, strongly pushing for a clear separation of ICE from local police forces. Based on the various testimonies, studies and developments, the report calls for the following:

1. The immediate end, not mending, of the S-Comm program.

2. The completion of the ongoing audit of S-Comm by the Department of Homeland Security Office of Inspector General. Additionally, the Department of Justice Office of Inspector General should begin an investigation into the FBI’s role in Secure Communities.

3. The criticism of S-Comm should be used to amend other ICE programs, and local law enforcement must be untangled from federal civil immigration processes, removing immigration powers from police.

4. States and local jurisdictions should be given the option to participate in or opt out of immigration enforcement programs, including the forwarding of fingerprints and other biometric information to the Department of Homeland Security (DHS).

The report also highlights the stories of several individuals from across the country who have been victims of S-Comm, facing deportation as a result of simply calling 911 for an emergency, being pulled over while driving or any other arbitrary reason. One of the anecdotes is told by Mercedes, an 18-year old young woman in Nashville, Tennessee. On a normal Sunday afternoon in May, Mercedes was pulled over “for driving less than 10 miles over the speed limit.” After questioning her immigration status, the police officer put her in handcuffs and began filling out the paperwork for the 287(g) program to begin the process of her deportation. When Mercedes asked te officer what would happen to her and if she would make it to her high school graduation the following weekend, the officer “answered me with a smile on his face and told me that I was never going back to school and I would never see my family ever again, I started to cry.”

Mercedes spent 3 days in jail and is now facing deportation. She came to the U.S when she was 11 and qualifies to benefit from the DREAM Act. With aspirations to become a doctor, Mercedes sees herself as American – her life established in Nashville and plans for a future in this country. Reflecting on her experience, Mercedes said,

When this happened to me I realized how sad it is that families have been destroyed just for not having an ID or because of racial profiling. When I was in jail, I felt my dreams were destroyed,that my family was very far from me and I felt afraid that if we don’t stop this now, it will continue to happen.
The release of the ‘Restoring Community’ report coincided with a ‘National Day of Action’ called by various immigration reform activists to protest against the worsening immigration policies of the federal government. Protestors gathered outside President Obama’s campaign headquarters in Chicago on August 16 calling for an end to S-Comm. Several organizations worked together to call for the multi-city protests and delivered petitions to various Democratic party offices in Miami, Atlanta, Houston and Charlotte, demanding that the program be terminated. Gregory Chen, director of advocacy for the American Immigration Lawyers Association, spoke to the New York Times about how the practices of ICE have brought “a flood” of people booked under minor offenses to the immigration attorneys in the organization, calling it “the tip of the iceberg.” Chen added:
Fundamentally, D.H.S. is saying one thing but doing another…[It is] distorting its own mission of focusing on public safety and national security risks.

As the campaigning for the 2012 election ramps up and various candidates are assessing their policies, it is imperative that urgent and comprehensive action be taken by the government to address the violations to human rights and due process that are being enacted due to harsh anti-immigrant laws such as this. S-Comm is a deeply flawed program that has done more damage than good. It encourages racial profiling, separates families, and is enforcing a message that the thousands of immigrants that are working hard and aspiring to the American dream are no longer welcome.

Join the campaign to put an end to Secure Communities at Turn the Tide. You can also add your voice to the Restore Fairness campaign. Become an ally and take action now.

Photo courtesy of vivirlatino.com

One Response to “New report tells us how S-Comm makes the American Dream a “criminal proposition””

    [...] of criminal detention, all charges against her were dropped. Nonetheless, as a result of the Secure Communities program, U.S. Immigration and Customs Enforcement (ICE) requested that the local Sheriff further detain her [...]

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