WBEZ | fingerprints http://www.wbez.org/tags/fingerprints Latest from WBEZ Chicago Public Radio en Immigration enforcement program faces novel suit http://www.wbez.org/news/immigration-enforcement-program-faces-novel-suit-100646 <p><p><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/ColoradoFingerprinting.jpg" style="margin: 4px 0px 0px 0px; float: left; width: 214px; height: 250px; " title="A sheriff’s deputy in Centennial, Colo., prepares to fingerprint a suspect as part of booking into the Arapahoe County Justice Center. Secure Communities runs the fingerprints of everyone booked into jail against immigration records. (AP File/Chris Schneider)" />We&rsquo;ve been hearing a lot about how immigration enforcement intersects with local law enforcement. Last week, the U.S. Supreme Court upheld an Arizona requirement that police officers check the immigration status of people they stop for other reasons. Now we&rsquo;ll hear from our West Side bureau about a suburban Chicago man who got tangled up with immigration enforcement after a drug arrest. He has filed a suit that offers a novel challenge to one of President Obama&rsquo;s key immigration-enforcement programs.</p><p>MITCHELL: There&rsquo;s no doubt James Makowski of Clarendan Hills did something illegal. In 2010 police caught him with heroin and he pleaded guilty to that. A judge approved him for a state-run boot camp. But that&rsquo;s not where Makowski ended up.</p><p>MAKOWSKI: I thought I would be home in 120 days but -- then after I get a note back from a counselor, after I&rsquo;d asked about when I&rsquo;d be shipping to boot camp -- she said that I was ineligible for boot camp due to an immigration detainer.</p><p>MITCHELL: That&rsquo;s basically a flag in his file from Immigration and Customs Enforcement, the federal agency known as ICE. So . . .</p><p>MAKOWSKI: I got sent to the maximum-security penitentiary in Pontiac.</p><p>MITCHELL: And he stayed for about two months. How did this happen? It comes down to an ICE program called Secure Communities. In that program, FBI fingerprint data about people booked at local jails get run against immigration data. If a check yields a match, ICE can issue one of its detainers. The point is to catch people in the criminal justice system who are not authorized to be in the U.S. and eventually deport them. The thing is, Makowski had every right to be in the country.</p><p>MAKOWSKI: I feel like I got punished twice for what I did in my past.</p><p>MITCHELL: Makowski&rsquo;s detention was based on faulty information. He was born in India and adopted by a U.S. family. When he was 1, the government granted him citizenship. But &mdash; at age 22, when he got picked up on the heroin charge &mdash; the feds didn&rsquo;t have their records right. So, Makowski stayed in that maximum-security pen before authorities straightened things out and let him into the boot camp. On Tuesday, Makowski filed a federal suit over all this. Defendants include top officials at the FBI, ICE and their parent departments. Makowski claims that when the FBI shared data with ICE &mdash; and when ICE didn&rsquo;t keep track of his citizenship status &mdash; they violated his rights under the U.S. Privacy Act. Legal experts say the suit appears to be the first challenge to Secure Communities under that law. Makowski&rsquo;s attorneys include Mark Fleming of the Chicago-based National Immigrant Justice Center.</p><p>FLEMING: There [are] simple ways in which both the FBI and ICE could be in compliance with the Privacy Act.</p><p>MITCHELL: Fleming says ICE could, for example, interview suspected immigration violators before slapping detainers on them.</p><p>FLEMING: Unfortunately, the system does not provide those basic checks right now and, so, there are many more U.S. citizens that are getting wrapped up into this.</p><p>MITCHELL: Officials at ICE and the departments of Justice and Homeland Security did not answer our questions about the suit Tuesday (see&nbsp;<a href="#note">UPDATE</a>). An FBI spokesman said his agency does not comment about pending litigation outside the courtroom. But a supporter of tougher immigration controls doubts that the Privacy Act protects U.S. citizens from what Makowski endured. Jessica Vaughan directs policy studies for a Washington group called the Center for Immigration Studies. Vaughan says the FBI and ICE share the fingerprint information for legitimate law-enforcement purposes.</p><p>VAUGHAN: Mistakes can be made. But that is not necessarily a reason to throw out the whole system.</p><p>MITCHELL: Vaughan says it&rsquo;s important to keep something else in mind.</p><p><a name="note"></a></p><p>VAUGHAN: The individual who&rsquo;s filing this suit would not have had anything to worry about had he not been convicted of a serious crime to begin with. He was convicted of a drug crime.</p><p>MITCHELL: Convicted he was. But Makowski says no one should have to serve extra time behind bars because of errors in immigration records.</p><p><em>After a deadline for Tuesday&rsquo;s broadcast of this story, ICE provided this statement: &ldquo;The information-sharing partnership between the Department of Homeland Security and the FBI serves as the cornerstone of Secure Communities, and fulfills a mandate required by federal law. This information sharing does not violate the Privacy Act. U.S. Immigration and Customs Enforcement (ICE) is evaluating the allegations contained in the lawsuit; however, we do not comment on pending litigation.&rdquo;</em></p><p><em>The ICE statement continues: &ldquo;In December ICE announced a new detainer form and the launch of a toll-free hotline &mdash; (855) 448-6903 &mdash; that detained individuals can call if they believe they may be U.S. citizens or victims of a crime. The hotline is staffed 24 hours a day, seven days a week, by ICE personnel at the Law Enforcement Support Center. Translation services are available in several languages from 7 a.m. until midnight (Eastern), seven days a week. ICE personnel collect information from the individual and refer it to the relevant ICE Enforcement and Removal Operations (ERO) Field Office for immediate action.&rdquo;</em><br />&nbsp;</p></p> Wed, 04 Jul 2012 10:16:00 -0500 http://www.wbez.org/news/immigration-enforcement-program-faces-novel-suit-100646 Quinn hits back against immigration checks http://www.wbez.org/story/quinn-hits-back-against-immigration-checks-91065 <img typeof="foaf:Image" src="http://llnw.wbez.org/story/photo/2011-August/2011-08-26/deportation protest_flickr_presenteorg.jpg" alt="" /><p><p>Illinois Gov. Pat Quinn is trying to throw another wrench into a key immigration-enforcement program of President Obama’s administration, saying it ensnares too many people and erodes trust in local police.<br> <br> An <a href="http://www.wbez.org/sites/default/files/Quinn_office_to_Morton.pdf">August 18 letter</a> from the governor’s office to John Morton, director of Immigration and Customs Enforcement, hints about a possible legal challenge and asks the federal agency to contact all 26 Illinois counties that have agreed to participate in the program, called Secure Communities, to confirm they still want to take part.<br> <br> “This is the least that ICE can do,” says the letter, signed by John Schomberg, Quinn’s general counsel. “These counties signed up, along with the state, for a Secure Communities that is far different from the program” ICE first presented.</p><p>The Obama administration says the program helps focus immigration enforcement on repeat immigration violators and dangerous criminals, such as murderers and kidnappers.</p><p>ICE reports that Secure Communities has led to the deportation of more than 86,000 convicted criminals. Data from the agency show that about half of those immigrants were convicted of misdemeanors, not felonies.<br> <br> The program has led to the deportation of another 34,000 people not convicted of any crime. Voicing concerns about them, Quinn withdrew Illinois from Secure Communities in May. New York and Massachusetts followed with similar steps.<br> <br> But an August 5 letter from Morton to governors says states no longer have any choice and that Secure Communities will extend to all local law-enforcement jurisdictions in the United States by 2013. An addendum to the letter describes changes in the program. Those include the elimination of a state role in conveying data for the fingerprints.</p><div><hr style="border-width: initial; border-color: initial; "><blockquote><p><span style="font-family: georgia, serif; "><span style="font-size: 26px; "><em>"These counties signed up, along with the state, for a Secure Communities that is far different from the program"&nbsp;</em></span></span></p></blockquote><p><em>--John Schomberg, Quinn’s general counsel</em></p><hr style="border-width: initial; border-color: initial; "><p>Mark Fleming, an attorney with the Chicago-based National Immigrant Justice Center, says ICE could end up in court if Secure Communities lacks the consent of the local jurisdictions. “The governor’s office may be laying the groundwork for a legal challenge,” Fleming says.</p></div><p>Fleming points to 1990s rulings by the U.S. Supreme Court affirming that the 10th Amendment bars Congress from compelling state and local governments to administer federal regulations.<br> <br> Asked whether Illinois officials are cooking up a lawsuit, a Quinn spokeswoman refers to Schomberg’s letter, which says the governor’s office “will continue to monitor and evaluate” Secure Communities and “consider all of the state’s options.”<br> <br> ICE representatives did not respond to WBEZ requests for comment on whether Secure Communities violates the 10th Amendment.<br> <br> The Obama administration lately has downplayed agreements through which it first brought state and local governments into the federal initiative. “We wanted to work with the locals and let them know about the program,” says Jon Gurule, an ICE official who helped set up Secure Communities.<br> <br> “But, from the operational side, it’s federal information sharing between two federal agencies,” Gurule adds, referring to ICE and the FBI. “And it’s congressionally mandated.”<br> <br> If ICE checks in with the Illinois counties, as the Illinois letter asks, the federal agency would find some with second thoughts about joining Secure Communities. “If they honor the governor’s request, I would not want to partake in it,” says Patrick Perez, sheriff of west suburban Kane County, part of the program since 2009.<br> <br> “The program has not turned out to be what it was supposed to be,” Perez says, pointing to the deportation of non-criminals. “People in the Hispanic community have become very reticent to contact police if they’re victims of crime because they’re fearful that . . . they will be deported.”<br> <br> The federal initiative also has defenders. “My life has been destroyed by all of this cheap, foreign scab labor,” says a 56-year-old network engineer in Chicago, blaming immigrants for his unemployment and asking that his name not be published because he’s job hunting. “Whether it’s illegal aliens or foreign legal workers, they’re hurting American citizens.”<br> <br> “Secure Communities removes the criminals,” he says, “and that’s a start.”</p></p> Thu, 25 Aug 2011 22:06:00 -0500 http://www.wbez.org/story/quinn-hits-back-against-immigration-checks-91065