Tag Archives: 287(g)

It’s Not Just About Joe Arpaio

There’s a lot of anger and shock at Trump’s pardon of the bigoted Joe Arpaio. All my liberal friends on Facebook sure are pissed. But they need to admit that none of this started with Trump or Arpaio.

Back in 1996, I was pissed, too. That’s when Bill Clinton signed his own immigration act, which included section 287(g), a license to hunt and racially profile brown people for immigration purposes. Back then, many of us in the immigrant rights movement knew what was to come. Everyone else was just playing politics and ignoring the inevitable. And the Joe Arpaios of the world got exactly what they wanted.

Much like Republicans tell us now that laws like Texas’ SB4 are for the purposes of “safety,” Bill Clinton did the same. That 287(g) was about going after “criminals.” And Obama’s expansion of Dubya Bush’s Secure Communities didn’t help, either. Millions of deportations, hundreds of thousands in profiteering private prisons, families separated, racial profiling gone rampant, economies destabilized, apologists for anti-immigrant Democratic candidates, etc, and the politics of this issue have become pretty screwy.

So, I read all this anger and ask, “Where have you been?”

If you’re not willing to stop the root causes, even though us brown people warned you about them 20 years ago, then what are you angry about? If you’re up in arms about Trump and Arpaio, but are apologists for those who gave them the power to hunt and profile, what is the intent of your anger?

Well, if it’s winning elections and going back to the same old Democratic way of addressing immigration, then, good luck with that. We see right through it. And for someone who has voted in every single Democratic Primary since turning of voting age, it’s pretty much killed my love of politics, not to mention my involvement in it.

No doubt, Joe Arpaio is evil. But Donald Trump is just the jet fuel that is being added to a dumpster fire that has existed since the first immigration laws were written–when the United States decided that there had to be an Us versus Them mentality in 1790. “Them” being the original inhabitants of the land, then, those kidnapped and brought over for profit, then, anyone else who wanted to come over that didn’t fit the profile of the original undocumented people.

There’s a lot of hate in the United States and all the “love” memes and frames on Facebook are not going to change it. And surely, liberal, sanctimonious whitesplaining to Latino voters that they need to vote isn’t going to create political victories. As if the 70% of white people who put Trump in office don’t deserve any blame. Since 1996, we’ve seen what Democrats can do with 287(g) and immigration enforcement, too. It wasn’t just Arpaio.

Taking a stand against racist policies, showing unapologetic support for those being attacked and targeted, and proposing policies that benefit people (rather than target them) are what excite people to go to the polls, among other progressive policies. And calling out members of your own political party when they take the politically expedient route to appease the worst among us is a good start, too.

And if your only response to this post is, “Do you want Trump to win?”, well, perhaps you’re not trying hard enough to beat him and the people who continually support bigoted immigration policies.

 

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Sheriff Gonzalez Ends 287(g)

trumpfamilycrossing950As the Trump regime continues its onslaught against Mexicans and other Latinos, immigrant and citizen, with a steroid-laden immigrant hunting plan, the Harris County Sheriff’s Office under Sheriff Ed Gonzalez has ended its 287(g) agreement with ICE, citing a burden on resources and the need to place resources out in the field.

The withdrawal of the sheriff’s deputies will still allow ICE officials to come to the jail and screen jail inmates to determine their immigration status and the county will hold them for deportation if requested, Gonzalez said.

The sheriff said serious overcrowding in the county jail complex, where staff shortages have hiked overtime costs to $1 million every two weeks, has forced him to deploy his ICE-trained deputies elsewhere. He said his decision was not political “but an issue of resources,” explaining the deputies may also be assigned to help improve clearance rates of major crimes or ad to the patrol division.

“After thoughtful consideration, I’ve decided to opt out of the voluntary 287(g) program,” said Gonzalez, who sent ICE officials notification of his decision Tuesday. “We’ll still be cooperating with local, state and federal authorities as we always have, we just won’t have our manpower resources inside the jail doing that.”

The thing about local jails is that they’ve usually had the ability to report immigration detainers  that pop up on the national database so that ICE can pick up folks at their own discretion and with their own use of resources (other than local jailers). 287(g), which was always a voluntary program, used local resources to exclusively work on increasing deportation numbers in quicker fashion, including low-grade offenders who were not targets for deportation.

Of course, this was evident during the Obama era which broke deportation records, and counties like Harris and Arizona’s Maricopa were among the leaders in helping increase deportation numbers, while Congress did nothing to fix a broken immigration system. It wasted resources and was purely a political tool for whomever was in office at any level. Let’s face it, it became part of Obama’s push for “comprehensive immigration reform” as a possible dealmaker to offer Republicans. It didn’t work, obviously. Because it was in place, it also caused stress for good elected officials who wanted to rid their agencies of the flawed program, but had to deal with threats from right-wing elected officials.

For Sheriff Gonzalez, who also recently provided a statement against Senate Bill 4, the so-called anti-sanctuary city bill currently in the Texas House, he will have to deal with the ire of right-wingers like Greg Abbott, Dan Patrick, and some of the members of the Harris County Commissioner’s Court. Gonzalez, though, has the right idea. His decision is all about resources and public safety, while the Republican and Trump plans are all about fear and hate. And that should be the narrative of this debate.

This decision has been a long time in coming. This blogger had quite a few debates with the previous Democratic Sheriff Adrian Garcia about 287(g). And his Republican replacement was pretty much useless on the issue. Unfortunately, the Trump regime is hell-bent on hunting Mexicans and others. And even a lack of 287(g) will still leave an open door for Trump and his immigrant hunters at local jails. Add SB4, if Texas House Speaker Straus allows it to move forward, and local law enforcement could still be a part of the terror.

What people must understand is that we are in a whole different era. The same “bipartisan” rules no longer apply. Given Trump’s attitude, not even civil discussion. The right-wing, anti-immigrant members of Congress and state elected officials we dealt with in the past now have a leader to do everything they’ve ever wanted. And Republicans (and Democrats) who simply sit back and say nothing are just as bad, or worse, than those we’re dealing with today. Hate is hate. It cannot be defended.

The political implications are enormous, though. And 2018 is right around the corner. Republicans are useless, but Democrats still could rebuild into something with a spine, especially on immigration, detention, and deportation issues. It’s the one issue that they’ve felt useful for campaigns, as if they were actually going to attract bigoted votes in gubernatorial elections (2014). Instead, it demoralizes voters–base voters. Even voters like me, lifelong Dems, who have felt a need to skip around candidates during the last decade because they’ll say something stupid on immigration, or on child refugees from Central America, feel disconnected with the Democrats. Something’s gotta give.

For now, though, things seem ominous, even with a victory like ridding Harris County of 287(g) (Kudos to United We Dream-Houston). Trump’s new immigrant hunting plan expands the targets to include many more undocumented immigrants than the Obama era. Whether Trump sends out deportation forces or not, the fear is unsettling and certainly destabilizes communities and local economies. The Republican intent has never been about public safety, but about hate.

It’s time for ALL to fight back, and for the fight not to be left only to the immigrants under attack. Stand for all!

 

 

 

287(g) Rally: Sheriff, Mayor Respond

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Credit: J.M. Diaz

Sheriff Ed Gonzalez appeared at this morning’s rally against 287(g), a flawed immigrant removal program.

Gonzalez reiterated his support of immigrant rights and his promise to rid Harris County of the controversial program. He did, however, ask for patience and time to study and navigate its ending because of its ties to federal and state funding, and because he wants to ensure that such a program targets violent and serious criminals. During the press conference, he also reiterated that the program is run within the jail and not out in the field and that his deputies will not be targeting individual suspects because of immigration status.

Local immigrant rights activists are seeking policy changes and strong statements of support to undo programs that target immigrants and have run amok of their stated intents. Programs which basically federalize local law enforcement are flawed and have been a cause for racial profiling, wasted resources, family separation, and downgraded local economies.

Houston Mayor Sylvester Turner, also sought out by immigrant rights activists recently responded with his strongest statement yet.

“I know there are a lot of families and children who are afraid and worried right now about what might happen to them. I want them to know that Houston is, and always has been, a welcoming city, where we value and appreciate diversity. HPD is not the Immigration and Naturalization Service. We don’t profile, and we are not going to start profiling people to determine whether they are here illegally. It hasn’t happened under previous mayors, and it will not happen under my administration.”

Still, at the end of the day, it is policy changes that are sought. And political promises that are expected to be met. And in the era of Trump and his rampant executive orders, leaders feel the need to navigate carefully or else funding may be lost. With the State of Texas attacking elected officials and about to begin consideration of a racial profiling legalization bill in Austin (SB4), it seems some fear taking on the Governor and his bigoted threats.

Stay strong, elected officials. People are counting on you!

Click here for video from United We Dream

Gonzalez Continues With 287(g); Goal Remains to Stop Program

A protest of immigrant removal program 287(g) is slated for today, January 26, 2017 at the Sheriff’s HQ at 10AM. This is in response to what is seen as a lack of action by the newly minted Sheriff who made a campaign promise to rid his office of the program; as well as Trump’s recent actions on so-called sanctuary cities and other immigration policies.

In an interview on Mundo Hispanico with Sylvia Oben, Harris County Sheriff Ed Gonzalez states that he didn’t know the amount of grant funds that were connected to the immigrant removal program and how difficult it would be to leave the program; however, ridding the county of 287(g) remains a goal, but that it has to be in a responsible manner that ensures people who commit violent and serious crimes are detained like anyone else.

Gonzalez also touched on his priorities, which include jail overcrowding and bail reform to decrease overcrowding. But that becoming a sanctuary county, like Travis County, is not being discussed.

That funds and a flawed program like 287(g) are connected is not a new thing. If anything, it seems like the only excuse used by law enforcement leaders to keep the program. That’s, unless you’re an anti-immigrant zealot who just enjoys targeting immigrants. The program is known to net few violent criminals, as was seen when Harris County became one of the top counties to hand over to ICE low-grade offenders. The vast majority of law enforcement leaders see it as a useless program that leads to racial profiling in the field and is just ineffective.

So, the goal remains to get rid of 287(g), but perhaps his political consultants should have advised him to not make such Obama-esque promises. We just ended eight years with 3,000,000 deportations, thousands warehoused in local jails and private prisons, families separated, economies affected. And much of this was assisted by the last Democratic Sheriff in Harris County.

When a politician makes a promise, they’re expected to act quickly. Or else, they should just say what Gonzalez said in the interview and not in his campaign flyers.

By all means, please protest today.

The End of Secure Communities?

A few days ago, Kuff had a short post on the coming revamping of Secure Communities, called for in President Obama’s executive action on immigration. I agree with Kuff, such an action is long overdue as Secure Communities and 287(g) have done much to break-up families and negatively affect local economies across the nation. Of course, I do need to respond to this from Kuff:

I’d like to see what folks like Stace have to say about this before I commit to a position, but “cautiously optimistic” seems reasonable for now.

First of all, I will remind folks that I wasn’t too ecstatic about the executive action as it left people and families out, especially parents of DREAMers who have benefited from DACA, the 2012 Obama executive action. And the reason given by the administration (the lawyers told us to do it!) didn’t really satisfy me, either. Even after reading about DAPA and the deportation reform called for by the newest executive action, and to answer Kuff, I was cautiously optimistic about some of it, and fearful of other parts of the action.

So, as is customary for me, I look to others who have a pretty tight understanding of the issue, such as Prerna Lal, who had a list of the good, bad, and ugly of the executive action. The elimination of Secure Communities, as I suspected, came under the “bad” list:

Elimination of Secure Communities with a new program that targets immigrant communities: DHS is replacing the current “Secure Communities”  program with a new “Priority Enforcement Program” to remove individuals convicted of criminal offenses. While it could be a marked improvement that moves us from a pre-conviction to post-conviction model and uses notification instead of detainers, unfortunately, this continues the entanglement of local law enforcement with immigration enforcement.

The involvement of local law enforcement has always been a sticking point for me. I’ve never been a fan of the federalization of local cops for the purpose of rounding non-criminal working brown people; I don’t care if the cops are led by a Democratic mayor or sheriff. Prerna’s post has more on the deportation aspects of the executive action.

Ultimately, there has been little oversight of SCOMM and 287(g) to the point where there are some Sheriffs who have used it as a political tool, rather than for its actual purpose–to detain and deport major criminals. Furthermore, many local and state governments have refused or stopped cooperation with ICE because of the program’s flaws. And most of these flaws are because of local law enforcement involvement and lack of oversight.

It has been said that a “comprehensive” solution will not come until 2016. That doesn’t necessarily mean anything good, considering we are dealing with a Republican-led Congress. So, for now, we’ll just have to be vigilant of the effects of President Obama’s executive action and the new deportation programs and targets, as Kuff also suggested. As if keeping an eye on the Texas Lege’s quest to stop in-state tuition and proclaim the existence of “sanctuary cities” wasn’t enough.

Immigration Policy Center: 287(g) Flawed and Obsolete

The Immigration Policy Center released a report on the dreaded 287(g) program  which allows local law enforcement to act like federal immigration agents. They basically call it what DosCentavos has been calling it since its inception:  Flawed. And today, IPC stated that the practices used in running the program are obsolete. This should send a message to law enforcement agencies, such as Harris County Sheriff’s Department.

Here are a few highlights of the report:

287(g) Agreements Have Resulted in Widespread Racial Profiling

A report by Justice Strategies found that 87% of the jurisdictions with 287(g) agreements had a rate of Latino population growth higher than the national average.

287(g) Agreements Drain Local Coffers

Aside from training deputized officers on the enforcement of federal immigration law, ICE does not pay for any costs associated with implementation of the program, including overtime and financial liability arising from civil rights violations.

287(g) Partnerships Net Few Violent Criminals

[When DosCentavos debated HCSO’s communications guy back in 2010 on 287(g) at a Young Dems meeting, he wasn’t able to give any real figures as to detentions of violent criminals; instead, they have boasted big numbers on all detentions. An ICE report and other reports stated that the majority of immigrants detained using 287(g) were low-grade offenders whose crimes usually do not net a deportation. This report mentions a UNC report which gives a similar outcome in North Carolina.]

The report from the University of North Carolina found that 287(g) agreements in the state were primarily used to target offenders who posed no threat to public safety or individuals with no criminal record. For example, 33% of individuals detained through the 287(g) program were charged with traffic violations, a figure that rose to 41% in Alamance County and 57% in Gaston County.

287(g) Agreements Threaten Community Safety and Hinder Community Policing

  • The International Association of Chiefs of Police (IACP), the nation’s premier law enforcement association, has stated that “local police agencies depend on the cooperation of immigrants, legal and illegal, in solving all sorts of crimes and in the maintenance of public order. Without assurances that they will not be subject to an immigration investigation and possible deportation, many immigrants with critical information would not come forward, even when heinous crimes are committed against them or their families.”
  • The Major Cities Chiefs Association (MCCA), a group of police chiefs from the 64 largest police departments in the United States and Canada, similarly has written: “without assurances that contact with the police would not result in purely civil immigration enforcement action, the hard won trust, communication and cooperation from the immigrant community would disappear.”

287(g) Agreements Lack Sufficient Federal Oversight

  • Although federal law mandates that 287(g) officers be subject to the direction and supervision of federal officials, numerous investigations have found federal oversight to be insufficient and lax. A March 2010 report by the DHS Office of Inspector General (OIG) found that ICE and its local law enforcement partners had not complied with the terms of their 287(g) agreements; that the standards by which deputized officers are evaluated contradicted the stated objectives of the 287(g) program; that the program was poorly supervised by ICE; and that additional oversight was necessary.
  • A January 2009 Government Accountability Office (GAO) report found that ICE has failed to articulate the 287(g) program’s objectives or how local partners are to use their 287(g) authority. While ICE officials have stated that the purpose of the program is to address serious crime, such as narcotics smuggling, ICE has never documented this objective or provided statistics to validate it. As a result, local police have used their 287(g) authority to detain immigrants for traffic violations and other minor crimes.

287(g) Agreements are Obsolete

  • With the Secure Communities program in effect in virtually all U.S. jurisdictions, many have argued that 287(g) agreements no longer serve any plausible law enforcement benefit. Under the Secure Communities program, fingerprints of all state and local arrestees are routed to ICE officials, who can themselves determine whether to initiate removal proceedings. While Secure Communities also jeopardizes community policing and public safety, and fails to solve the problem of racial profiling by state and local police, all immigration enforcement decisions under Secure Communities are made by federal authorities.
  • In its budget justification for fiscal 2013, DHS sought $17 million less in funding for the 287(g) program, and said that in light of the expansion of Secure Communities, “it will no longer be necessary to maintain the more costly and less effective 287(g) program.”

The local sheriff has testified in favor of re-funding 287(g), but the bottom line is that another bad program (Secure Communities) has the same goals. Still flawed, though, it doesn’t make sense to fund two flawed programs. At the very least, 287(g) needs to be ended, especially as moves are made toward a sensible immigration policy in Washington.