Congresswoman calls for investigation of enforcement program that screens for illegal immigrants in jails

A California congresswoman Friday called for an investigation into the actions of federal immigration officials, saying they lied about whether counties and states had the right to opt out of a controversial nationwide enforcement program that screens for illegal immigrants in local jails.

"It is inescapable that the [Department of Homeland Security] was not honest with the local governments or with me" about whether local jurisdictions must participate, said Rep. Zoe Lofgren (D-San Jose). "You can’t have a government department essentially lying to local government and to members of Congress. This is not OK." 

The so-called Secure Communities program, launched in 2008, was promoted to local and state leaders as a way to focus enforcement efforts on "serious convicted criminals." But the program, which uses fingerprint data, has come under fire because it has ensnared a high proportion of immigrants who were arrested but never charged with a crime or who have been charged with minor infractions.

Critics say it discourages illegal immigrants from reporting crimes and opens the door to racial profiling.

A number of local jurisdictions -– including Santa Clara and San Francisco counties -– have sought to opt out of the program or asked that their fingerprint data not be sent to U.S. Immigration and Customs Enforcement.

Federal officials initially told them they could do so, an assertion repeated by Homeland Security Secretary Janet Napolitano and Assistant Atty. Gen. Ronald Weich in September letters to Lofgren.

But internal correspondence recently released to immigrant and civil rights groups in response to Freedom of Information Act litigation reveals that ICE officials had long known that the program was not voluntary.

A month after Lofgren received the letters, Napolitano held a news conference to clarify that local officials had no say in the program.

Lofgren, whose legal staff spent a week reviewing the internal documents, said she will seek a probe of whether Napolitano or ICE Director John Morton were aware of the strategy.

"It’s unacceptable and if she knew about it, something has to be done about her, and, if she didn’t, she has to do something about those who did," Lofgren said. "Clearly the people in the department were dissembling and deceiving."

A Department of Homeland Security official said in a statement that "Secure Communities is not voluntary and never has been. Unfortunately, this was not communicated as clearly as it should have been to state and local jurisdictions by ICE when the program began. Thanks to outreach with local jurisdictions and members of Congress, we have since made the parameters of the program clear to all stakeholders involved."

Lofgren also questioned the legal authority for implementing the program, which by 2013 will effectively involve all local jails in immigration enforcement. The rollout began in 2008 and 1,211 jurisdictions in 41 states now participate. States have always shared local fingerprint data with the FBI, which conducts criminal background checks.

Under Secure Communities, the FBI now shares that data with U.S. Immigration and Customs Enforcement, Homeland Security’s investigative arm.

An ICE spokesman said the program does not require local or state approval, since it is "fundamentally an information sharing program between federal partners."

But officials sought for nearly two years to cajole local jurisdictions to support the program -– before telling them they had no choice but to participate.

ICE also has signed "memorandums of agreement" with states that currently forward local fingerprint data to the FBI. Homeland Security officials now say those agreements are merely educational and that fingerprints from all jails will be forwarded by the FBI to ICE by 2013.

Santa Clara County’s Board of Supervisors voted unanimously not to participate before being told they had no choice. San Francisco’s sheriff also sought unsuccessfully to opt out. They oppose the program because they contend it erodes community policing efforts by ensnaring all undocumented immigrants booked into jail –- regardless of the severity of the crime.

Recently released data show that half of the immigration holds issued since the inception of the Secure Communities program have been for non-criminals or those charged with misdemeanors -- not the violent criminals the program has purported to prioritize

Lofgren said Friday that if communities had known from the beginning that they had no choice in the matter, they probably would have fought the program in court. But the repeated assertions -– which continued through October -– that locals had a mechanism for opting out deceived them. 

"Had they been honest to begin with, the localities that feel strongly about this would have challenged their legal authority early on," she said. "They tried to play by the rules. Unfortunately they didn’t realize that the department was not on the level." 

Chris Newman, legal director of the National Day Laborer Organizing Network, among the groups that sued in federal court to obtain Secure Communities data and correspondence, said he was "grateful for the congresswoman’s attempt to get to the bottom of this" and called on the Obama administration to freeze the program pending further study.  

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--Lee Romney reporting from San Francisco 

Photo: Rep. Zoe Lofgren (D-San Jose) in 2007.

Credit: Haraz Ghanbari / Associated Press

Comments

[forparity]

Let's start this conversation by remembering the news release yesterday (study was ordered by the same Democrat - FTR. She should read her own in-box):

April 21, 2011

California's criminal alien population rises

The number of criminal aliens incarcerated in California rose to 102,795 in 2009, a 17 percent increase since 2003, federal auditors reported Thursday.
This isn't cheap. Nationwide, the Government Accountability Office reports, it costs well over $1.1 billion a year for states to imprison criminal aliens -- those who committed a crime after entering the United States illegally. California, moreover, is more expensive than other states. GAO auditors estimated California spends $34,000 to incarcerate a criminal alien for one year; in Texas, it's only $12,000.

The audit, requested by Rep. Zoe Lofgren, D-San Jose, will provide ammunition for states' perennial effort to secure more federal reimbursement dollars.

More than one in four of the illegal immigrants imprisoned in California are behind bars for drug offenses. Many are also repeat offenders. GAO auditors say that, based on a survey, criminal alien inmates have been arrested an average of seven different times.

End copy.

Picture the Rose Bowl full of 100,000 folks - that's what it holds.

Now, these 102,000 criminal illegal aliens which we are paying for at the expense of our children's future, would not include illegal criminals incarcerated in federal prisons in CA, would it. Probably not even those in city and county jails - this is the state prison population.

And, I bet the authorities are looking for another 100,000 criminal illegals that they'd like to put in jail - but in the moment, they're out walking our streets with our grandparents, parents and children, and the police are so strapped because we're spending so many $billions on caring for illegal immigrants, that they can't spend the time or resources to get them. Besides, the prisons are overpopulated anyway.

[dhwj]

This would be the same Zoe Lofgren that blocked the ethics investigation of Congresswoman Maxine Waters by blocking subpoena requests and then limiting the hearings to 6 hours instead of 30? Well, yes it would.

And she wants to talk about ethics. Lofgren is in no position to question anyone about anything. She is a unethical scumbag.

[Pirate_Boy]

This complaint will come to no avail.Deportations are increasing every year
and will not slow down.There will be no amestia never.New cards are coming out with rfid chips and they will be required for employment and other things.
The sun is setting on the illegal alien.Oncethe southern borders are secure with
a double wall fence the round ups like Eisenhowers will begin.

[Jeff]

Zoe, let me get this straight. You want to allow people who are here illegally and get arrested for a crime but not convicted to stay in the US illegally. I really don't care if they were convicted of a crime or not, get arrested while in this country illegally you should be departed. We have enough American citizens that rape, murder and steal and do not need illegal aliens to add to that total.

[annie 13]

Gee jurisdictions thought they had a choice to follow the constitution. Do the American taxpayers have the choice of supporting illegal aliens who defy our laws? Do citizens have the right to choose which laws they want to obey? Jurisdictions thought they could ignore the LAW. They should be voted out of office since they work for the American people and we are tired of being taxed to death for lawbreakers, who come here illegaly, multiply like rabbits and expect everyone to support them. Down with the enablers and those aiding and abetting the lawbreakers

[annie 13]

Don't illegals lie all the time. Fake IDs, driving w/o insurance or a license? How many Americans have to be killed before our elected officials wake up? Their Macho culture puts all women in danger since there is a higher incidence of rape by these men as they see it as their right.

[Michael E]

Why are members of Congress and others in law enforcement afraid of these policies.....its very anti-american and very disturbing that they do not want to enforce the law.

[annie 13]

congress and elected officials lie all the time when they take an oath to obey the constitution

[rjonny]

THANK YOU CONGRESSWOMAN LOFGREN!! You are absolutely right. I'm outraged that our tax dollars are going to fund this kind of dishonesty and deception.

[Brittanicus]

If you want to see the 14.5 trillion dollar US deficit reduced, we must enforce our immigration laws. In 1986 Immigration Control and Reform Act was a zero-tolerance policy that was subverted by business interests. We cannot afford any more half measures, from the ongoing resistance of politicians like Senator Harry Reid (D-NV in the growing reaching empowerment of the TEA PARTY. Illegal Immigration is an incendiary issue, caused over decades of Washington lack of sympathy to US worker, with estimates of 20 million foreign nationals feeding of the welfare system they have—NOT--attributed too? The worst issue is the instant baby citizenship law, which has become a perpetual foothold for hundreds of thousands of illegal families annually and probably the most fiscally of expenditure for taxpayers. Our overcrowded through k-12 schools are suffering, with hospital emergency rooms not far behind.

For the price of an airline ticket or dodging the US border patrol they arrive here with many afflictions, knowing from distant dialogue, that American physicians must treat you under the law. Arizona Policing laws (SB1070) subject to rejection by the Supreme Court in the future have dealt a sharp blow to the radical Leftists, that evidence is proving the laws are having a positive effect. Huge numbers of illegal unwelcome persons are moving out to places unknown. Interesting enough that I read an article that even though radical activists are boycotting Arizona in hope of eroding their commerce, the reverse has happened. Average Americans have seen through Obama's Department of In-Justice and streamed into the State, guaranteeing high concentrations of tourists. The Dept of InJustice elevated by Obama's Liberal Progressive-Marxist Czars to attack Arizonans Governor Brewer's policing laws through the mostly Leftists courts, but an intense silence has reigned about Utah's unconstitutional push for a Guest worker program. Arizona has a high foreclosure rate, but it was caused by the real estate crash, not boycotts. In fact it seems Canadians escaping from the cold weather swept in, brought properties and even my Ex-wife portends to buy a home there.

So the State of Arizona has made a roundabout turn, and the State is thriving and the populations of economic illegal immigrants are leaving for new turf. With malleable States nearby like Sanctuary California, Nevada, Utah, Colorado this is their final destination. These have been economic aliens and they have already devastated some of the Border States, with public service opportunities. Utah--and the Mormon church interference, is shortly going to find out the predicament they set upon themselves. Thousands of welfare grabbers will materialize and the legitimate populace are not going to forgive the pro-amnesty legislators. This will quickly emanate as politicians will be scrambling for extra dollars to pay for schooling, health care, prison room and other entitlement programs. President Obama held a meeting with New York City Mayor Michael Bloomberg and former California Gov. Arnold Schwarzenegger, Richard Trumka, leader of the AFL-CIO and a host of open border organizations and business lobbyists at the White House.

Little is known because the conference was closed to the press media, reassured it will lead to a dead end. Their evident reason to be there is to push for a mass amnesty, even at a time when 10 million Americans are still unemployed. Most people have no conception of these ramifications of a full volume amnesty, better dive into the web pages of NumbersUSA or Judicial Watch. You are assured this is only two of a nationwide grassroots revolution of pro-sovereignty entities, whose main issue is the illegal alien occupation. But even more so join a local TEA PARTY because under no circumstances will any kind of amnesty be passed. Only if President Obama successfully is reelected will this matter come up for a vote and the TEA PARTY will fight this pretense tooth and nail. You break the law; you must pay a penalty for it. Another amnesty no matter the fact will just attract more and more foreign nationals across our borders or to our shores. We need to expand the E-verify programs and make it mandatory for businesses and in addition the feds need the same permanency for Secure Communities, to fingerprint every alleged criminal that is processed through police stations. There should be no exceptions to the rule, that anybody who enters the system must be thoroughly processed. This Rep. Zoe Lofgren (D-San Jose) Congress women is obviously a hidden vile Leftist extremist, who doesn't mind foreign national committing crimes and don't want them entered in an ICE database. That's what emerged from Police records in the Sanctuary City of San Francisco, that a illegal gangster was released from jail and then went out to murder a father and two sons with an AK47.

The border is a volatile sticking point on illegal immigration, which other than around most cities and towns there is no real fencing. Its still is wide open to the drug cartels, the people smugglers and possible terrorist incursions according to Rancher Jim Chilton as stated this in his testimony. In a letter he drafted and claimed to the Department of Interior (DOI) and U.S. Department of Agriculture conference in Washington, that there was no border fence along 50 miles of his land. It should prove to all Americans, that there really is no serious attempt, to stop the inroad movement of foreign nationals no matter their intent? If there was illegal trespassing on sovereign land would be a felony, like Mexico and other countries.

Janet Napolitano should take a trip to the ranchers land, and then declare the border was secure. What a sickening joke. One thing is for sure, the promise to the people from the TEA PARTY is that their Senators and Congressman enact bills, to build the Double Layer Fence and restrict any new laws on immigration. Illegal immigration has many financially unexposed branches, that many remain hidden from public view. Importation of less than perfect professional skills is another form of visa fraud as a demand for cheap labor. For years, a million or more semi-skilled labor has been arriving through stealth amnesties. Attn: Our election system has been compromised, as in 4 States voter fraud has been detected from mostly non-citizens, so we must look towards some form of federal and State oversight. Absentee Ballots are the easiest method to cheat the registration system and could cause a massive change of direction for American Democracy.

And Remember buy AMERICAN. Or soon your job may disappear? Elect Donald Trump! He is a billionaire and owes nobody in either party favors. He will stop the Chinese ripping us off. We owe them just this year 300 Billion dollars. He will negotiate the Free trade Agreements, as they unfair to American industry, draining billions of dollars in inferior goods. It will end Communist Buildup a military on our dollars. He will remove the tax incentives to move businesses into Mexico or overseas such as Maytag. We should give visas to the highest representatives of skilled workers, who will never use welfare, and put the enforcement brakes on impoverished illegal foreigners once and for all.

[IvanG]

If participation was mandatory, what difference did it make if federal officials lied and said it was voluntary? They merely induce the counties to do something that was legally required. Would counties have been less likely to participate if told that they did not have to? And as for complaining that Congress did not know the provisions of the laws it enacted, responsibility for that lies with the politicians who vote for legislation without understanding it.

[Cinthya]

Thank you Congresswoman Lofgren for blowing the whistle on ICE's lies! About time a representative stood up to ICE and their deceiving programs! This is further proof that ICE is a rogue agency that deceives local governments while immigrant community members are hurt.

[johnski]

What country was this women elected to serve? Why would she not want to deport criminals? Typical Liberal non-thinking feel good stuff.

[Steven M.]

Lofgren is one of the Pelousi crew that screwed the state and the Federal government up. Why don't we ask her about the illegal alien, who was DUI, that was supposed to be deported and hit a vehicle full of nuns, killing one of them?

[Tom]

I do not understand.

An illegal alien who stays on American soil illegally is a criminal who has broken our Federal laws. Should local LEO not inform the Feds?

If a person has committed an act that requires booking into jail, is that person not subject to citizenship check? If that person is found to be an illegal alien, should we not detain that person and possibly deport that person?

If we can pick and choose how to deal with illegal aliens at the city and county level, why have ICE? Why not create border checkpoints around cities and counties and implement local ICE or lack thereof?

What are we paying local LEO and ICE for if they do not enforce our laws?

[Collis Huntington]

One of the main arguments against the Arizona law was that enforcement is a federal prerogative. Consequently Democrats should be especially aware that local jurisdictions cannot opt out of federal enforcement programs.

[Jennie]

Thank you Rep. Lofgren for standing up for transparency and blowing the whistle on ICE's deception surrounding this program, which only serves to make our communities less safe.

[Paul]

So, she's angry because this program is working? I mean, it IS ensuring that criminals are properly dealt with, isn't it? Afterall, it's still a crime to come into this country illegally....at least it was the last time I checked!!!!

[HappyJack]

You all lie so who cares anymore!

[lioness]

The TIMES yet again buries the term "undocumented immigrants" deep into the copy. WHEN will you start to call them what they are -- ILLEGAL ALIENS!! And we should actually care whether this law discourages ILLEGAL ALIENS from reporting crimes against them? If they would just go home, they wouldn't have to worry, would they.

We're supposed to take seriously, a woman who called Stephen Colbert to testify before a House committee???

Perhaps Ms. Lofgren should be investigated for competency and IQ status. I'd suggest to her that SHE house these people, and pay for their "vacations" in our jails instead of having the taxpayers pick up the tab. Disgusting!

[Michael N]

I have a compromise for anyone that wants to opt out. Once you opt out of the federal program you also opt out of federal funding. If you don't want to play by the federal laws, you don't get any federal funds. This is the way they dealt with many laws that exist today across the nation. We forced the civil rights act across the US even though some states would have wanted to opt out.

[Marge]

I'd like to thank ICE official for lying and not giving these sanctuary cities the opportunity to resist. As for this pandering Congresswoman from CA, which is only trying to secure future votes in CA, you are part of the problem.

[JackSplat]

They are ILLEGALS, LAW BREAKERS. They need to be tried, sent to prison and then deported. Period. I'm sick of people, especially politicians like this, constantly defending ILLEGALS!

[Anna]

Thank you Congresswoman Lofgren!

[Brad Ster]

When is the next election?