WBEZ | Secure Communities http://www.wbez.org/tags/secure-communities Latest from WBEZ Chicago Public Radio en Cook County’s disregard of ICE detainers catches on http://www.wbez.org/news/cook-county%E2%80%99s-disregard-ice-detainers-catches-100818 <p><p><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/SecureCommunitiesRallyNYCscale.jpg" style="margin: 4px 0px 0px 0px; float: left; height: 375px; width: 250px; " title="Diana Mejia of Madison, N.J., prays during a 2011 rally in New York City to condemn Secure Communities, a U.S. Immigration Customs Enforcement program that relies on jail compliance with agency requests known as detainers. (AP file/Mary Altaffer)" />A Cook County policy of disregarding immigration detainers is catching on. Lawmakers in other parts of the country, most recently the District of Columbia on Tuesday, have approved bills modeled after the policy.</p><p>Some Republicans are pressing President Barack Obama&rsquo;s administration to take reprisals against those jurisdictions. In a hearing Tuesday, the chairwoman of a U.S. House homeland security panel urged Immigration and Customs Enforcement Director John Morton to punish Cook County for its stand.</p><p>The detainers &mdash; ICE requests that local jails hold specified individuals up to two business days beyond what their criminal cases require &mdash; help put the inmates into deportation proceedings. Jail compliance with detainers is a key part of Secure Communities, a program that has helped the Obama administration shift immigration enforcement toward criminals.</p><p>Cook County officials say detainers also erode community trust in local police. Last September, the County Board approved an ordinance that halted detainer compliance by the county&rsquo;s massive jail. ICE abruptly lost convenient access to hundreds of immigration violators each year.</p><p>&ldquo;The Cook County legislation was very critical and a part of the development for the legislation in the District of Columbia,&rdquo; said Ron Hampton, a retired Metropolitan Police officer in the nation&rsquo;s capital who has pushed the D.C. bill.</p><p>Hampton pointed to a legal opinion that supporters of the Cook County measure obtained from State&rsquo;s Attorney Anita Alvarez&rsquo;s office last year. That opinion, citing a federal court ruling in Indiana, called detainer compliance voluntary and helped convince the Cook County Board to approve the ordinance. Hampton said the opinion added weight to what he called &ldquo;a model piece of legislation.&rdquo;</p><p>Since the Cook County ordinance passed, New York City, the state of Connecticut and the California county of Santa Clara have also curtailed their compliance with immigration detainers.</p><p>On July 5, the California Senate approved similar legislation that would affect the entire state. That bill is expected to pass the state Assembly. Gov. Jerry Brown has not indicated whether he would sign it into law.</p><p>At the U.S. House hearing, Rep. Candice Miller (R-Michigan) said Secure Communities had &ldquo;excellent buy-in&rdquo; from jurisdictions across the nation. Miller, chairwoman of the Homeland Security Subcommittee on Border and Maritime Security, called Cook County &ldquo;the big holdout&rdquo; and asked Morton about it.</p><p>Morton repeated an administration claim that Cook County&rsquo;s disregard of ICE detainers compromised public safety. That claim was the subject of a <a href="http://www.wbez.org/news/ice-detainers-public-safety-issue-99190">WBEZ investigation</a> completed in May. Inmates freed as a result of the ordinance, the investigation found, have not reoffended or jumped bail more than other former inmates have.</p><p>Morton also told the subcommittee about letters he had written to Cook County Board President Toni Preckwinkle to spell out his concerns. &ldquo;We have been working with the county to see if there isn&rsquo;t some solution,&rdquo; Morton said. &ldquo;I won&rsquo;t sugarcoat it. I don&rsquo;t think that that approach is going to work in full. We&rsquo;re going to need the help of others. We have been exploring our options under federal law with the Department of Justice.&rdquo;</p><p>Morton said he would also push for a cutoff of some federal funds for the county&rsquo;s jail.</p><p>That vow won praise from Miller. &ldquo;I can&rsquo;t tell you how delighted I am,&rdquo; she said. &ldquo;If they&rsquo;re not going to assist us in removing not only criminal aliens but those that might go on to commit a terrorist attack or what-have-you, because they want to have their city become a sanctuary, the federal government cannot stand by idly and allow that to happen.&rdquo;</p><p>As other jurisdictions adopt the Cook County approach, some enforcement advocates are calling for a tougher federal response.</p><p>Ira Mehlman, spokesman of the Washington-based Federation for American Immigration Reform, points out that the Obama administration has sued states such as Arizona and Alabama for taking immigration enforcement into their own hands</p><p>&ldquo;Yet, when it comes to jurisdictions that have openly defied federal enforcement, then the Justice Department seems to have enormous patience and is extremely lenient,&rdquo; Mehlman said.</p></p> Wed, 11 Jul 2012 16:39:00 -0500 http://www.wbez.org/news/cook-county%E2%80%99s-disregard-ice-detainers-catches-100818 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 Rustbelt city wants immigrants, skilled or not http://www.wbez.org/content/rustbelt-city-wants-immigrants-skilled-or-not-0 <img typeof="foaf:Image" src="http://llnw.wbez.org/story/photo/2011-November/2011-11-30/2.JPG" alt="" /><p><p><img alt="" class="caption" src="http://llnw.wbez.org/story/insert-image/2011-November/2011-11-30/3.JPG" style="width: 605px; height: 404px;" title="Deserted houses like this one mar Dayton’s East End. (WBEZ/Chip Mitchell)"></p><p style="text-align: left;">Lifelong Dayton resident Monica Schultz, 36, brings me to the East End block where she grew up. “This whole street was full of families,” she says. “Kids were running around playing, all within my age range.”</p><p style="text-align: left;">Now no kids are in sight.</p><p style="text-align: left;">Schultz points to a half dozen abandoned houses, including one right next door to her family’s place. She says the city has boarded it up a few times but stray cats keep finding their way in.</p><p style="text-align: left;">“We had a flea infestation problem,” she tells me. “People walking by could see the fleas or feel the fleas or get the fleas. All of the yards in the neighborhood here were becoming infested with fleas.”</p><p style="text-align: left;">Schultz says the city can’t keep up with houses like this. “It’s one of many that need to be bulldozed,” she says. “But it’s on a list.”</p><p> <style type="text/css"> div .inline { width: 290px; float: left; margin-right: 19px; margin-left: 3px; clear: left; font-family: Arial,Helvetica,sans-serif; font-size: 14px; line-height: 1em; background-repeat: no-repeat; background-position: 0pt 5px; padding-left: 3px; margin-bottom: 0.5em; }div .inlineContent { border-top: 1px dotted rgb(170, 33, 29); margin-bottom: 5px; margin-top: 2px; }ul { margin-left: 15px; }li { font-family: Arial,Helvetica,sans-serif; font-size: 12px; line-height: 1em; background-repeat: no-repeat; background-position: 0pt 5px; padding-left: 3px; margin-bottom: 0.5em; }</style> </p><div class="inline"><div class="inlineContent"><a href="/frontandcenter"><img alt="" src="http://www.wbez.org/sites/default/files/story/insert-image/2011-November/2011-11-06/FC-logo-sm_0.jpg" style="width: 280px; height: 38px;" title=""></a><ul><li><strong><a href="http://www.wbez.org/episode-segments/2011-11-28/great-lakes-workers-faring-better-canadian-side-border-94389">Workers faring better in Canada</a></strong></li><li><strong><a href="http://www.wbez.org/story/using-sound-find-leaks-and-save-dollars-94303">Using sound to find leaks and save dollars</a></strong></li><li><strong><a href="http://www.wbez.org/story/gas-drilling-could-take-air-out-offshore-wind-93875">Gas drilling could take air out of offshore wind</a></strong></li></ul></div><div class="inlineContent">&nbsp;</div></div><p>Dayton’s population has been shrinking since the 1960s. Most of the area’s factory jobs are long gone. To save the city, Schultz has embraced a new idea: Help immigrants and refugees lay roots in Dayton.</p><p>Schultz, who owns a small marketing firm, helped lead community meetings that generated a 72-point plan called “Welcome Dayton.” City commissioners approved the plan this fall. The points range from better immigrant access to social services, to more translations of court materials, to grants for immigrants to open shops in a dilapidated commercial corridor, to a soccer event that supporters envision as a local World Cup tournament.</p><p>Schultz tells me the plan could revive a Dayton entrepreneurial spirit that sparked inventions ranging from the cash register to the airplane. “You would have small businesses,” she says. “You would have coffee shops and you would have bakeries and you would have specialty grocery stores.”</p><p>Dayton is among several rustbelt cities suffering from population loss and brain drain. To create businesses and jobs, some communities are trying to attract immigrants, especially highly educated ones. Dayton stands out for the attention its plan pays to immigrants without wealth or skills.</p><p>The plan even addresses people without permission to be in the country. One provision calls for police officers to quit asking suspects about their immigration status unless the crime was “serious.” Another point could lead to a city identification card that would help residents do everything from open a bank account to buy a cell phone.</p><p>City Manager Tim Riordan, Dayton’s chief executive, says welcoming all types of immigrants will make the area more cosmopolitan. “I think there would be a vibrancy,” he says. “We’d start to have some international investment of companies deciding they ought to locate here.”</p><p>Foreign-born residents so far amount to 3 percent of the city’s 142,000 residents. For a mid-sized U.S. city these days, that’s not many.</p><p>But Dayton’s immigrants and refugees are increasing their numbers and, Riordan says, they’re already making a difference. He points to a neighborhood north of downtown where some Ahiska Turks have settled. “They were refugees in Russia," he says. "Here they’ve bought houses. They’ve fixed them up. And, sometimes when I talk to hardware store owners, people will come in and they’ll buy a window at a time. ‘I’ve got enough money to put in another window.’ It’s slow-but-sure change.”</p><p><img alt="" class="caption" src="http://llnw.wbez.org/story/insert-image/2011-November/2011-11-30/2.JPG" style="margin: 4px 18px 2px 1px; float: left; width: 275px; height: 280px;" title="A Dayton pizza parlor run by Ahiska Turks adds life to a decaying neighborhood. (WBEZ/Chip Mitchell)"></p><p>Not everyone in Dayton is on board with the plan.</p><p>In a corner tavern on the East End, a 62-year-old bartender serves the only customer what she calls his last can of beer for the night. It’s a Friday, just 11 p.m., but she’s closing. “The owner can’t pay me to stay any longer,” she tells me, speaking on condition I don’t name her or the bar.</p><p>The bartender says the tavern could be on its last legs and tells me what happened to three other East End bars where she worked. They all shut down. She says that’s because many of the neighborhood’s Appalachian families, who arrived for manufacturing jobs after World War II, have moved away.</p><p>“NCR closed down, Dayton Tire and Rubber closed down, GM and Delphi and Frigidaire,” she says, pausing only when her customer slams down the beer and bellows something about a “last paycheck.”</p><p>The bartender tells me she doesn’t like how Riordan and other Dayton officials are handling the exodus of families who’ve been paying local taxes for generations. “Why won’t he try to keep those kinds of people here?” she asks. “He wants to welcome the immigrants to come in here. What can&nbsp;they&nbsp;do? Where are they going to get the money to fix up anything? What jobs are they going to get to maintain what they fix up here? There are no jobs here. None.”</p><p>It’s not just locals like the bartender who have doubts about “Welcome Dayton.”</p><p>Steven Camarota, research director at the Center for Immigration Studies, a Washington group that pushes for strict immigration controls, acknowledges that attracting immigrants would increase the size of Dayton’s economy. “But that’s different than arguing that there’s a benefit,” he says. “Growing an area’s gross domestic product, but not the <em>per capita</em> GDP, doesn’t mean anything. It wouldn’t be very helpful. In fact, there might be problems with that.”</p><p>Camarota says the low-skilled immigrants would put downward pressure on wages for workers on Dayton’s bottom rungs.</p><p>But Italian-born economist Giovanni Peri of the University of California, Davis, says low-skilled immigrants would bring what Dayton seeks—and more: “One, they will increase the variety of local restaurants, local shops. Second, they will provide a variety of local services, such as household services, care of the children, of the elderly. Third, they will also develop and bring an atmosphere of diversity and higher tolerance.” Peri says these low-skilled contributions would all help Dayton attract immigrants with more resources.</p><p>The willingness of many immigrants to perform manual labor for low pay, Peri adds, could create jobs for longtime residents. He points to landscaping companies: “They will need people who mow the lawn but also they will need accountants, salespersons, a manager and drivers.”</p><p>Dayton’s approach—welcoming immigrants with and without skills—is the “optimal strategy,” Peri says.</p><p><img alt="" class="caption" src="http://llnw.wbez.org/story/insert-image/2011-December/2011-12-01/4.JPG" style="margin: 4px 18px 2px 1px; float: left; width: 275px; height: 219px;" title="A Dayton church translates sermons to Spanish through headphones. (WBEZ/Chip Mitchell)">Whether a city’s immigrant-integration plan can actually attract many people is another question. About an hour east of Dayton, the city of Columbus launched an immigrant-friendly initiative in 2002 and saw its foreign-born population grow fast. But that city’s economy is much more robust than Dayton’s. It had already been attracting immigrants for years.</p><p>The results of “Welcome Dayton” could depend on how it works for city residents like a 25-year-old mother whom I’ll call Ana López. (She&nbsp;doesn’t have papers to be in the country so I agreed not to use her real name.) López says she came from the Mexican state of Puebla as a teenager at the urging of a friend who had arrived in Dayton earlier.</p><p>López says her first job was in a restaurant with a big buffet. “We didn’t come to take work away from anyone,” she tells me in Spanish. “Rather, there are jobs nobody else wants.”</p><p>Now López and her husband have three kids, all U.S. citizens. The family has managed to buy a house. And it’s found a congregation, College Hill Community Church, that provides simultaneous Spanish interpretation through headphones.</p><p>But Dayton hasn’t always been hospitable. López says police officers caught her brother-in-law driving without a license and turned him over to federal officials, who deported him.</p><p>Looking at the “Welcome Dayton” plan, López says providing the ID cards and removing the police from immigration enforcement could make a difference for families like hers. “These families would tell their friends and relatives to move to Dayton,” she says.</p><p>That’s exactly what city leaders want to hear.</p></p> Thu, 01 Dec 2011 11:27:00 -0600 http://www.wbez.org/content/rustbelt-city-wants-immigrants-skilled-or-not-0 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