Immigration Advocates Issue Statement Condemning Expansion of 287(g)

ARIZONA’S SHERIFF JOE ARPAIO is the unholy patron saint of the disastrous 287(g) agreement, a patch-job stopgap of a law that deputizes local cops and gives them the extra work of acting as Federal immigration agents. Sheriff Joe Arpaio is, for sure, a crackpot or at least a racist and that is obvious. The Department of Justice is investigating him for civil rights violation and racial profiling—all of it nearly inevitable fallout from the 287(g) provision, even were this horrifically bad idea of a law wielded by non-crackpot sheriffs. It’s simply not a good idea to give police, who are (in ideal) in existence to help the community, the powers to enforce the borders of the nation—a job that is normally in the province of the military, and one seen as one of “National Security” at least since 2003, when INS withered away in the Post 9/11 atmosphere and ICE/DHS sprung up in its place.

At this point, almost all are in accord that 287(g), while perhaps once plausible on paper, is a trainwreck in how it is playing out amongst living people. It has been proven that the costs of 287(g) outweigh the benefit, the communities suffer, and one only need look to Arpaio’s district to see that actual “crime-solving is down and racial profiling and budget expenditures are way up.” [pdf report by Immigration Policy Center]. Who would possibly defend this program when the police themselves want nothing to do with it?

As the National Immigration Forum puts it, “287(g) has been the worst thing to happen to law enforcement since John Dillinger.”

It is no surprise, then, today’s news:

ADVOCATES ISSUE STATEMENT CONDEMNING OBAMA ADMINISTRATION’S
EXPANSION OF DHS’S FAILED 287(g) PROGRAM

FOR IMMEDIATE RELEASE
July 17, 2009

Media Contacts:
Adela de la Torre, Communication Specialist, National Immigration Law Center, 213.674.2832 (office), 213.400.7822 (cell)
Andrea Black, Coordinator, Detention Watch Network, 202-393-1044 ext. 227 (office), 520-240-3726 (cell)
Judith Greene, Director, Justice Strategies, 718-857-3316, jgreene@justicestrategies.net

Civil rights and community groups across the country denounce Department of Homeland Security (DHS) Secretary Janet Napolitano’s plans to expand the highly criticized 287(g) program to eleven new jurisdictions around the country. The program, authorized in 1996 and widely implemented under the Bush Administration, relinquishes, with no meaningful oversight, immigration enforcement power to local law enforcement and corrections agencies.

Since its inception the program has drawn sharp criticism from federal officials, law enforcement, advocates and local community groups. A February 2009 report by Justice Strategies, a nonpartisan research firm, found widespread use of pretextual traffic stops, racially motivated questioning, and unconstitutional searches and seizures by local law enforcement agencies granted 287(g) powers. Justice Strategies recommended the program be suspended. “We found evidence that growth of the 287(g) program has been driven more by racial animus than by concerns about public safety. The expansion of this deeply flawed program cannot be justified before a thorough test of corrective actions shows solid proof that they have been effective,” reports Judy Greene, Director of Justice Strategies. A March 2009 Government Accountability Agency (GAO) report, criticized DHS for insufficient oversight of the controversial program.

Also in March, the United States Department of Justice launched an investigation into Sheriff Joe Arpaio of Maricopa County, Arizona, to determine whether Arpaio is using his 287(g) power to target Latinos and Spanish-speaking people. In Davidson County, Tennessee, the Sheriff’s Office has used its 287(g) power to apprehend undocumented immigrants driving to work, standing at day labor sites, or while fishing off piers. One pregnant woman—charged with driving without a license—was forced to give birth while shackled to her bed during labor. Preliminary data indicate that in some jurisdictions the majority of individuals arrested under 287(g) are accused of public nuisance or traffic offenses: driving without a seatbelt, driving without a license, broken taillights, and similar offences. Such a pattern of arrests suggest that local sheriff’s deputies are improperly using their 287(g) powers to rid their counties of immigrants, by making pretextual arrests that are then used to forcefully deport people. “We need only look at the example of Maricopa County to understand the devastating effects the increased 287(g) program will have on our communities,” said Chris Newman, Legal Programs Director of the National Day Laborer Organizing Network. “The Obama administration must recognize that the 287(g) program is predatory and ripe for corruption and profiling that will harm community stability and safety for everyone.”

The Police Foundation, the International Association of Chiefs of Police, and the Major Chiefs Association have expressed concerns that deputizing local law enforcement officers to enforce civil federal immigration law undermine the trust and cooperation of immigrant communities, overburdens cities’ already reduced resources, and leaves cities vulnerable to civil liability claims. “When victims and witnesses of crime are afraid to contact police for fear of being jailed or deported, public safety suffers,” said Marielena Hincapie, Executive Director, National Immigration Law Center.

Napolitano’s July 10 announcement that DHS has granted 11 new jurisdictions 287(g) powers stunned advocates who had been expecting a major overhaul of – or end to – this failed program. “DHS is fully aware that the abusive misuse of the 287(g) program by its current slate of agencies has rendered it not only ineffective, but dangerous to community safety. It is surprising Napolitano did not simply shut this program down. Expanding this failed program is not in line with the reform the administration has promised,” said Andrea Black, Coordinator of the Detention Watch Network.

Signatory Organizations:

A Better Way Foundation, New Haven, CT
All of Us or None, San Francisco, CA
Border Action Network, Tucson, AZ
Center for Constitutional Rights, New York, NY
Center for Media Justice, Oakland, CA
Detention Watch Network, Washington, DC
Families for Freedom, New York, NY
Florida Immigrant Coalition, Miami, FL
Grassroots Leadership, Austin, Texas
Homies Unidos, Los Angeles, CA
Immigrant Defense Project, New York, NY
Immigrant Justice Network
Immigration Law Clinic, UC Davis School of Law, Davis, CA

Immigrant Legal Resource Center, San Francisco, CA
Judson Memorial Church, New York, NY
Justice Strategies, New York, NY
Legal Services for Prisoners with Children, San Francisco, CA
Main Street Project, Minneapolis, MN
Media Action Grassroots Network, Oakland, CA
National Day Laborer Organizing Network
National Immigration Law Center, Los Angeles, CA
National Immigration Project of the National Lawyers Guild, Boston, MA
Partnership for Safety and Justice, Portland, Oregon
Project Rethink
Southern Center for Human Rights, Atlanta, GA

Pass it on!