The new Department of Homeland Security (DHS) contract with local authorities to detain undocumented immigrants is a major disappointment. At first glance, implementation of the 287(g) program, which lent itself to numerous abuses against immigrants and Latinos in particular, will continue without major changes.
In the past, we have pointed to controversial Maricopa County Sheriff Joe Arpaio as a yardstick by which to measure the changes the Obama administration would make to the federal program. Now, Arpaio continues as a DHS partner albeit with more limited authority. The official investigations and pending lawsuits underway, and numerous complaints of human rights violations seem not to have mattered one bit to Secretary Janet Napolitano. There is no doubt that there were sufficient grounds to put the the agreement with Arpaio on hold until some of these issues were resolved. Tolerating his continued involvement is unacceptable.
Given the way the DHS has dealt with Arpaio, it is hard to trust claims that the new contract will fulfill the program’s original purpose. That is, capturing dangerous undocumented criminals rather than randomly detaining innocent people at traffic stops, as has been done on many occasions in various parts of the country.
Meanwhile, the federal agency has not clearly explained the steps it has taken to prevent the continued use of racial profiling, arbitrary arrests, unconstitutional searches, or the harassment of immigrant communities.
The 287(g) program was a bad idea from the outset. It was created by a federal law and it was opposed by the Police Foundation, the International Association of Chiefs of Police, and the Major Cities Chiefs Association. The chiefs argued against having local agents performing immigration duties because it undermines the trust in the police by immigrant and undocumented communities. Peace of mind to report crimes without fear of being deported is fundamental for public safety. We think it is wrong for the LA Sheriff’s Department to continue its participation in this program.
At the same time, the law is on the books. The Obama administration is free to decide how to implement it and is obliged to prevent excesses in doing so. We believe the new contract is a mistake. It expands the scope of the law and lacks sufficient safeguards to avoid repeating past abuses. We have no problem with the White House wanting to show how tough it is on the immigration issue, but it is not fair to do so at the expense of civil rights. It cannot close its eyes to the abuse of authority arising from its policy.
The new Department of Homeland Security (DHS) contract with local authorities to detain undocumented immigrants is a major disappointment. At first glance, implementation of the 287(g) program, which lent itself to numerous abuses against immigrants and Latinos in particular, will continue without major changes.
In the past, we have pointed to controversial Maricopa County Sheriff Joe Arpaio as a yardstick by which to measure the changes the Obama administration would make to the federal program. Now, Arpaio continues as a DHS partner albeit with more limited authority. The official investigations and pending lawsuits underway, and numerous complaints of human rights violations seem not to have mattered one bit to Secretary Janet Napolitano. There is no doubt that there were sufficient grounds to put the the agreement with Arpaio on hold until some of these issues were resolved. Tolerating his continued involvement is unacceptable.
Given the way the DHS has dealt with Arpaio, it is hard to trust claims that the new contract will fulfill the program’s original purpose. That is, capturing dangerous undocumented criminals rather than randomly detaining innocent people at traffic stops, as has been done on many occasions in various parts of the country.
Meanwhile, the federal agency has not clearly explained the steps it has taken to prevent the continued use of racial profiling, arbitrary arrests, unconstitutional searches, or the harassment of immigrant communities.
The 287(g) program was a bad idea from the outset. It was created by a federal law and it was opposed by the Police Foundation, the International Association of Chiefs of Police, and the Major Cities Chiefs Association. The chiefs argued against having local agents performing immigration duties because it undermines the trust in the police by immigrant and undocumented communities. Peace of mind to report crimes without fear of being deported is fundamental for public safety. We think it is wrong for the LA Sheriff’s Department to continue its participation in this program.
