No opting out of Secure Communities
Once believed to be voluntary, municipal participation in a widely debated
immigration enforcement program has been revealed as essentially mandatory. The
so-called “Secure Communities Initiative” (S-COMM), automatically submits the
digital fingerprints of anyone admitted into a local jail—prior to any
conviction or exoneration—to immigration databases maintained by the Department
of Homeland Security. S-COMM currently operates in 32 states but it will soon be
nationwide.
Critics of S-COMM note that the program has led to deportations and arrests
based on racial or ethnic profiling, often destroying families—many of which
include US citizens, who are left behind when their undocumented relatives are
deported. Rather than enhance public safety, the program has encouraged crime in
two ways. First, according to Jim Graham of the Washington, DC, City Council,
"[S-COMM] distracts scarce police resources—they have to hold people until ICE
can get to them. We want those resources devoted to crime-fighting."
Second, sheriffs and police chiefs fear it will discourage undocumented
immigrants from reporting crimes for fear of deportation. A 2008 analysis by the
Goldwater Institute in Arizona found that the similar 287(g) program—which was
independently criticized by the DHS Inspector General, an internal federal
government watchdog—struck widespread fear into immigrant communities and
discouraged information reports to local police about potential crime.
According to the Immigration and Customs Enforcement Agency (ICE), towns
and cities may not opt out of the program, which circumvents municipalities by
directly providing FBI fingerprint data to ICE. Counties across the country have
tried to opt out of participation in S-COMM in order to promote positive
relationships between immigrant communities and law enforcement. Counties that
opt out simply don’t provide fingerprints to ICE. However, since local police
departments generally continue to share fingerprints with the FBI, and we now
know that ICE has access to fingerprint data through the FBI, there is no viable
way for a community to opt out of S-COMM.