Sheriff Mike Hennessey

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Secure Communities: Could SF just ignore ICE?

ICE

Courtesy of ICE

Immigration and Customs Enforcement

Janet Napolitano, the Secretary of Homeland Security, has come out and confirmed what had previously been rumored. The Washington Independent reports that Napolitano, in a press conference in DC last week, said the agency doesn’t “consider Secure Communities an opt in/opt out program.”

Secure Communities, as a refresher, is a federal program that’s been growing for the past couple of years. Basically, in any state that chooses to participate, when a person is booked at a local jail, their fingerprints are shared with Immigration and Customs Enforcement (ICE). ICE can then check those fingerprints against their database to try to determine if the person is an undocumented immigrant. If ICE thinks the person is subject to deportation, they can choose to place a hold on that person–which means the jail will keep that person for 48 hours, giving ICE the opportunity to pick them up and begin deportation proceedings. ICE says it’s a great way to get to undocumented immigrants who’re committing crimes in the US. Critics say it’s a sneaky way of using local police to round up undocumented immigrants. And some localities, including San Francisco and Santa Clara counties, want out. (Officials in other counties, like LA–where an estimated fifth of the jail population is undocumented immigrants–are thrilled with the program.)

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Secure Communities: Is there any way out?

SF Sheriff Mike Hennessey

San Francisco Sheriff Michael Hennessey is continuing his quest to get San Francisco out of the federal Secure Communities program. Yesterday, he sent a letter to Attorney General Jerry Brown and the directors of Secure Communities at the Department of Homeland Security informing them (again) that San Francisco wants to opt out. Secure Communities has consistently been called a “voluntary” program. The problem, Hennessey says, is there’s no clear way out.

Secure Communities is part of a nationwide strategy shifting Immigration and Customs Enforcement (ICE) priorities towards deporting undocumented immigrants who commit crimes. Each county that participates in the program automatically shares fingerprints of those booked at the county’s jail with ICE. If ICE computers record a match with fingerprints they have in their database, and that individual shows up as having entered the country illegally, ICE can place a 48-hour hold on that person which keeps them at the county jail. ICE can then opt to pick the inmate up and presumably, begin deportation proceedings.

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Explainer: What is “Secure Communities” and why’s everyone talking about it?

prints

Why does a fingerprint sharing program have so many up in arms?

Today, the Center for Constitutional Rights released new numbers coming out of the federal immigration control program, Secure Communities. I, along with about 40 other reporters nationwide, was on the press conference call and you’re bound to see about a zillion articles popping up around major news outlets today and tomorrow referencing the program. So for those of you who don’t follow vaguely-named federal programs in your spare time, here’s a short refresher on what the program is and why so many people care about it.

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Could applying for a job lead to deportation?

ice

Courtesy of ICE

Immigration and Customs Enforcement

San Francisco Sheriff Mike Hennessey today brought up a new issue regarding Secure Communities that hasn’t been talked about much to date. He said that while they’re not doing it yet, Immigration and Customs Enforcement now has access to state Department of Justice fingerprint databases. Many, many jobs involve background checks. And anyone, say, applying for a childcare worker position might easily have their fingerprints taken in order to determine if they have a criminal history. Employers might not be checking for the potential employee’s immigration status. But if they send those fingerprints to the California D.O.J. for a check, there’s nothing stopping ICE– “they have the technology,” Hennessey said–from starting to find undocumented immigrants that way as well. What does that mean? An employer, doing a background check, could inadvertently send information to ICE that would lead to that job-seeker’s deportation. Again, it’s not happening yet, but Hennessey said it might be soon. More on Secure Communities later today. I’ll be in touch with ICE on the employee issue and report back.