Secure Communities Showdown Begins

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May 10, 2011

Secure Communities Showdown Begins - Illinois Gov Says His State Will Not Participate

Napolitano Has a Mess on Her Hands of Her Own Making

By Bob Dane, FAIR Communication Director

FAIR has obtained a letter sent from Illinois Governor Pat Quinn to Immigration and Customs Enforcement (ICE) advising them he is immediately terminating the Secure Communities agreement that exists between the Illinois State Police (ISP) and the Department of Homeland Security. The letter is emphatic, "ISP will play no role in Secure Communities, either actively or as a pass-through for information." The governor also mentions that no new counties in his state will participate.

This act of defiance by a governor refusing to participate in a mandatory federal immigration enforcement program presents a range of quandaries for the Obama Administration, a possible domino effect by other illegal alien sanctuary states, and jeopardizes one of the few remaining immigration enforcement programs.

Secure Communities 101

Under Secure Communities, once a person is arrested for anything from a traffic violation to a murder, local police take their fingerprints, send them to state police and then to the FBI for criminal background checks. ICE is then able to access the information. If the prints match that of someone known to be in the country illegally, ICE can order the immigrant detained as a first step toward deportation.

Every jurisdiction across the nation is expected to be using Secure Communities by 2013 and it's currently used by 1253 jurisdictions counties in 42 states. The program helps local communities identify the immigration status of those already in lockup and makes sure illegal aliens are removed from the country after serving time, and not put back on the street.

Napolitano's Self-Imposed Problems

The rollout of Secure Communities has been fraught with poor communication and many jurisdictions were under the impression the program was voluntary. In recent months however, DHS Secretary Janet Napolitano has been claiming the program is mandatory. DHS is now at odds with Illinois, and probably soon, many other sanctuary-minded jurisdictions who will seize upon an opportunity to "op-out."

Had DHS made an early, clear and firm commitment to making the program mandatory - and stated that in the agreements signed with each jurisdiction - there would be no confusion now.

Napolitano has other problems, again of her own making. Because the administration has whittled down interior enforcement, and eliminated worksite raids, Secure Communities is one of the few remaining tools left to identify, detain and deport illegal aliens. Without it, deportation numbers would drop dramatically placing the Obama Administration in a delicate position of having to explain why they're removing 50% less illegal aliens. Perhaps the biggest problem is public perception. With Illinois now refusing to participate, DHS and the Obama administration face the challenge of how to force Illinois to participate in a mandatory federal program. But if they sue Illinois for not complying with the law, how can they possibly justify suing and stopping Arizona for wanting to comply with federal immigration laws?

We have little sympathy for Napolitano on this one inasmuch as we'd like to see an immediate and mandatory rollout of the much-needed Secure Communities. When the federal government does not have a consistent immigration enforcement policy, and chooses at its own discretion which immigration laws it will enforce, it sends a strong message to local and state lawmakers that they too, may flout the law. Playing fast and loose with the rules has now come back to vex DHS.

Janet Napolitano says states can't say no - but her "yes you must" is not as emphatic as Illinois' "no we won't."

"Where immigration is concerned, the federal government fundamentally sets the policy. Just as states can't on their own have a 10-70 (Arizona type law) this is kind of a flip side of that - nor can they exclude themselves from an enforcement tool we're using."

http://www.steinreport.com/archives/secure_communities_showdown_begins_-_illinois_gov_says_his_state_will_not_participate.html