Getting Started with 287(g)
A lengthy position page from an attorney that supports using our existing immigration laws (and who is a profession of law in a law school)
http://www.cairco.org/articles/art2005jul27_testimony_kobach.pdf
This is a government provided four page fact sheet
http://www.ice.gov/doclib/pi/news/factsheets/060816dc287gfactsheetpdf
This is a testimonial newspaper article;
http://www.vdare.com/misc/060920_straley.htm
Another testimonial from the city of
http://www.nashvillecitypaper.com/index.cfm?section_id=9&screen=news&news_id=55497
This last item is a fact sheet from the free and individually created and updated Wikipedia encycolopedia:
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_Section_287(g)
Jump to: navigation, search
Section 287(g) of the Immigration and Nationality Act (INA) was made law in 1996 as a result of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Section 287(g) authorizes the Secretary of Homeland Security to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement officers. Under 287(g), ICE provides state and local law enforcement with the training and subsequent authorization to identify, process, and when appropriate, detain immigration offenders they encounter during their regular, daily law-enforcement activity.
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287G
City looks to deport criminal illegal immigrants via program
By Jared Allen, jallen@nashvillecitypaper.com
September 05, 2006
After a recent spate of violent crimes allegedly committed by illegal or suspected illegal immigrants, Nashville has asked to become one of five American cities empowered to deport its own criminal illegal immigrants.
On Aug. 15, Davidson County Sheriff Daron Hall — with the full support of Metro Chief of Police Ronal Serpas and District Attorney Torry Johnson — filed paperwork to take part in a little-known federal government initiative called the Delegation of Authority Program or section 287 (g) of the Immigration and Naturalization Act.
The 287 (g) program gives local law enforcement agencies the “training and subsequent authorization to identify, process and, when appropriate, detain immigration offenders they encounter during their regular, daily law-enforcement activity,” according to a U.S. Department of Homeland Security fact sheet.
Local implementation of 287 (g) would not authorize the police or sheriff’s deputies to conduct active sweeps of suspected immigrants, nor would it allow any Metro agency to deport aliens who happen to be identified as illegal.
What it would do, according to Hall and others familiar with the program, is allow Sheriff’s Office personnel to screen anyone who is arrested and placed in jail, and who is suspected of being an illegal immigrant, to determine if those persons previously have been deported or are otherwise subject to any federal immigration enforcement action.
Presently, sheriff’s deputies must feed information on arrested suspected illegal immigrants to a federal database in Vermont and wait for an answer that may or may not come.
After the Aug. 22 arrest of Ivan Moreno, a suspected illegal immigrant charged with beating his 74-year-old Bellevue neighbor to death, Hall, Serpas and Johnson acknowledged the three had been holding a series of meetings to discuss how to change the way criminal illegal immigrants are handled in Nashville.
What came out of those meetings was a plan to enter Davidson County into the 287 (g) program as soon as possible.
Mt. Juliet incident kicks off meetings
Hall said the discussions between Davidson County’s top three law enforcement officials began in earnest immediately after the June 8 vehicular homicide of a Mt. Juliet couple, allegedly at the hands of Gustavo Reyes Garcia, an illegal immigrant who had been arrested by Metro Police 17 times since 1997 but who served a total of only 168 days in jail.
“Certainly, Garcia brought to light some gaps in what I feel like is the federal government’s responsibility to keep criminal illegals off the street,” Hall said.
Meetings between Hall, Serpas and Johnson, along with federal immigration officials and officials in Gov. Phil Bredesen’s office, eventually pointed Metro to 287 (g)’s implementation in Los Angeles County, Calif.
“I’m pleased to see that Davidson County is taking steps to deal with criminal illegal immigrants in a more effective way,” Bredesen said in a statement. “At the state level, we will also continue to pursue fair and reasonable solutions to the issues caused by the influx of illegal immigrants into the United States.”
As of today, only the counties encompassing the cities of Los Angeles, Phoenix and Charlotte have turned to 287 (g). Hall said there is a fourth city ahead of Nashville in the process of obtaining permission to start the program.
Metro officials said they have secured the assistance of U.S. Rep Jim Cooper in streamlining the approval process.
Hall shoots for March implementation
Hall said he hopes to have 287 (g) up and running in his jail by March.
“Our system has inherent flaws in it because it doesn’t provide us the information we need,” Hall continued. “Garcia was a deportee. He should have been deported any time he had been arrested… But I’m just as worried, if not more worried, about the four [suspected illegal immigrants] we let out last night.”
Through 287 (g), if a criminal in the system is found to be an illegal alien, local law enforcement officials — who will receive special training from the federal government at no cost to Metro — will begin deportation work immediately.
Those who are suspected of being illegal aliens will have to appear before a federal immigration judge and prove their legal status.
In Charlotte, 287 (g) has been a huge success, Hall and officials there said. And it was the experience of Charlotte — not Los Angeles or Phoenix — that sold Metro officials on the program’s potential.
Charlotte’s program sees success
Julia Rush, a spokeswoman for the Mecklenburg County Sheriff’s office, said that since May 1, when their program began, officials have begun removal proceedings for 474 — 30 percent — of the 1,080 individuals who were brought into jail and who were not born in the United States.
“We started finding out immediately that we had a very large number of people in the system illegally,” Rush said. “It was a huge number that had some issue that would cause them to be deported.”
In contrast, of the 4,200 foreign-born arrestees that came through Metro jail last year, the federal government placed immigration holds on only 151 — 3.6 percent — of them, according to Hall’s office.
Rush said the Charlotte community has been tremendously supportive of their efforts.
“Even the Latino community,” she said. “The Latino community has said, ‘Well, we don’t want them in our neighborhoods committing crimes either.’”
Hall said he has already begun community outreach here.
“It was the responsible thing for us to look into,” Hall said. “Now we need to push the folks in Washington to implement the program for us.”
http://www.nashvillecitypaper.com/index.cfm?section=9&screen=newsprint&news_id=51928
Gaston County wants to license officers
August 26,2006
MICHAEL BARRETT
FREEDOM NEWS SERVICE
Gaston County Sheriff Alan Cloninger told a congressional subcommittee Friday that he wants to eliminate a middleman in immigration law enforcement.
His tool would be the 287(G) program, which allows local law officers to be federally deputized in enforcing immigration law. It would speed up the identification of illegal immigrants entering the Gaston County Jail, Cloninger said.
Members of the area Hispanic community worry it is a first step toward a more aggressive agenda. Many fear that otherwise law-abiding illegal immigrants will soon be sought like convicted criminals.
But officials here don’t have the immediate interest or the resources to take such an approach, Cloninger said.
“We need the ability to check immigration status ourselves, without having to go through the federal level,” Cloninger said Thursday, prior to Friday’s event. “If they’re coming through our jail and they’ve committed a crime, we should do anything we can to remove them from the country to protect our citizens.”
Cloninger and several other officials testified during a hearing at U.S. Rep. Sue Myrick’s office in Gastonia. Conducted by a subcommittee of the U.S. House of Representatives Committee on Government Reform, the event signified the government’s heightened focus on immigration law.
Subcommittee chairman, U.S. Rep. Mark Souder, R-Ind., was joined by Myrick, a Charlotte Republican representing the 9th District, U.S. Rep. Patrick McHenry, a Cherryville Republican representing the 10th District, and U.S. Rep. Virginia Foxx, R-5th District.
Local law enforcement agencies are able to check the criminal status of suspects. But details on immigration history are only available by consulting Immigration and Customs Enforcement, Cloninger said.
The division’s Law Enforcement Support Center in Vermont handles the requests. Its databases contain millions of files, fingerprints and photographs of people who have entered the county illegally, said Mike Gilhooly, an ICE spokesman at the center.
The routine is necessary for most agencies across the country. But Mecklenburg County Sheriff James Pendergraph, whose department implemented 287(G) in May, said it is “virtually a worthless waste of time.”
“You might get an answer back (from ICE) in a couple of hours, maybe tomorrow,” he said at the hearing. “By that time, the person has sometimes already made bail and left.”
That’s why Pendergraph applied for 287(G) this year, bringing in new equipment to allow ICE database access from Charlotte. Twelve deputies at the Mecklenburg County Jail went through four weeks of training to become certified, said Julia Rush, spokeswoman for the Mecklenburg County Sheriff’s Department.
Cloninger, who applied for the program in February, said 10 of his Gaston jail deputies would be trained and have to pass a required test.
Checking the immigration status of someone who’s been arrested for a crime isn’t a problem, said Angeles Ortega-Moore, executive director of the Latin American Coalition in Charlotte.
But she is concerned about where such a program will eventually lead.
“I wouldn’t want to be in a community where law-abiding people are afraid to call police for fear of having their legal status checked,” she said prior to the hearing. “Where do you draw the line?”
Jose Torres, a Gastonia resident of Venezuelan descent who owns Liberty Tax Service, said Hispanics shouldn’t be the sole targets of the new program.
“I think it’s a good idea,” he said on Thursday. “But if they’re checking background information, they should check on everybody (at the jail).”
Cloninger said his intention is to model Gaston’s program after Mecklenburg’s, where its influence stays within the jail.
“We’re not going out to businesses, knocking on doors,” he said during the hearing.
Of the 610 foreign nationals processed in the Gaston jail in 2005, 433 were from Mexico, Cloninger said. There are about 505 inmates there currently, with a capacity for 526, he said.
Gaston County’s need for the 287(G) program has only increased with its success in Mecklenburg County, he said.
“As that system becomes more influential, people seeking to stay here illegally are going to move into adjacent counties,” Cloninger said prior to the hearing. “If we’re not prepared for that influx, we’re increasing our problems.”
You can reach Michael Barrett at (704) 869-1826.
http://www.kinston.com/SiteProcessor.cfm?Template=/GlobalTemplates/Details.cfm&StoryID=38791&Section=Local
Criminal Alien Program (CAP)
Under current MOAs, 287(g) participants in Arizona and California currently ensure that criminal aliens incarcerated within federal, state and local facilities are not released into the community upon completion of their sentences. ICE is working to expand 287(g) authority to local and county correctional facilities that are not operational within normal ICE jurisdictions. The expansion of the 287(g) program into smaller county and local correctional facilities will act as a force multiplier for CAP and have a positive impact on this important program.
Success Stories
Florida’s Collier County deputy sheriffs arrested 20 individuals attempting to purchase fraudulently obtained state drivers licenses. All individuals were convicted on state driver license fraud charges and the 18 illegal aliens were removed from the U.S. after serving their sentences.
In Alabama, 27 individuals were convicted of federal charges after attempting to obtain an Alabama drivers license using fraudulent documents. Thirteen individuals were convicted of state charges that include narcotics violations and possession of forged instruments.
In November, 2005, the Arizona Department of Corrections (ADC) began processing alien inmates at their Intake Center as part of the 287(G) program. By processing aliens who met the criteria for early release and turning them over to ICE for removal, the ADC has realized a cost savings of $2,985,655 and a savings of 53,135 bed days.
http://www.ice.gov/partners/287g/Section287_g.htm
Sample info only. When using for your town or county please be careful to edit .
Proposal Summary Developed For Bergen county NJ
Section 287(g) added in 1996 to the Immigration and Nationality Act (INA) provides the Immigration & Customs Enforcement (ICE) agency of DHS with authority to partner with state and local police departments for the purpose of enforcing federal immigration laws. Law enforcement personnel – Sheriff’s deputies and police officers – are required to complete Immigration Enforcement training from ICE and become certified to participate in this partnership.
Training is provided under a Memorandum of Agreement (MOA) with the requesting law enforcement agency and such training may be delivered locally. There is no charge for this training; the $500 fee formerly required has been waived in other communities and additional financial assistance from federal sources may be available.
The four-and-a-half week training program, the same given to the nation’s Immigration Enforcement Agents, would qualify Bergen County Sheriff’s deputies and correctional officers to process and detain illegal immigrants identified during criminal investigations so they could be handed over to ICE for possible prosecution and / or expedited deportation.
For participation in the 287(g) program by the Bergen County Sheriff’s Office, there is no qualification threshold to meet regarding the number of officers or the size of the jurisdiction.
The Bergen County Sheriff’s Office can sign its own MOA with ICE and does not need approval from the State of New Jersey. Nor must the Sheriff’s Office wait for permission from the New Jersey Attorney General or for enabling legislation from the New Jersey Legislature to begin working with federal officials.
With local authority to enforce federal immigration laws, the County would provide an additional level of safety and protection for its citizens against gang members, drug traffickers, pedophiles, violent criminals, repeat offenders and fugitives who have found safe haven in Bergen County among its growing immigrant population.
Having ICE-certified deputies and Adult Detention Center (ADC) personnel would also provide value as a deterrent in that such criminals who are already here would be motivated to leave as soon as possible and those seeking refuge in Bergen County would avoid coming here to begin with.
New Jersey Citizens for Immigration Control (NJCIC) and United Patriots of America, Bergen County (UPA-Bergen) propose that the Bergen County Sheriff’s Office issue a letter of interest to DHS stating its desire to enter into an MOA for training of its deputies under Section 287(g).
Contents
What is the purpose of an MOA? 5
Are there any requirements Sheriff’s deputies must meet
to qualify for ICE training under the 287(g) program? 5
Community “obstacles” to 287(g) participation 5
Specifically, what would Bergen County Sheriff’s Deputies
be able to do once they become ICE-certified? 6
Wouldn’t asking about a person’s immigration status leave Bergen
County exposed to costly litigation and financial penalties from
successful lawsuits? 7
Is there any potential for abuse with the 287(g) immigration
enforcement program? What about racial profiling? 8
Will a legal resident occasionally be suspected of being in
this country illegally and even be detained during a criminal
investigation? 8
Isn’t the Bergen County Sheriff’s Office already stretched
too thin to handle immigration enforcement, which is really
a federal responsibility? 9
What does participation in the 287(g) program give the Sheriff’s
Office that it does not already have? 10
There has been a lot of publicity about ICE not responding
to calls for assistance from police chiefs and Sheriffs
nationwide when they detain illegal immigrants. How can
Bergen County be assured of ICE cooperation? 10
Can the MOA be changed over time to take into account new circumstances? 10
How does the 287(g) program fit into the current law enforcement approach taken in Bergen County? 11
If Bergen County participates in the 287(g) program, how would
individual towns, such as Paramus, Hackensack, etc. — which have their own Police Departments — be impacted? 11
What community outreach effort would be required to ensure that all
Bergen County citizens understand that participation in the federal 287(g) program is a legitimate law enforcement tool that benefits everyone and does not unfairly target minority groups? 11
What is the purpose of an MOA?
According to DHS, the MOA is an agreement between ICE and the law enforcement agency that defines the scope and limitations of the authority designated to ICE-trained officers. It also establishes the supervisory structure for the officers and describes the agreed upon complaint process governing official conduct during the life of the MOA. Once the scope and limitations of the MOA have been agreed upon, the assistant secretary of DHS and the local law enforcement agency sign the MOA.
Are there any requirements Sheriff’s deputies must meet to qualify for ICE training under the 287(g) program?
According to DHS, the requirements are as follows:
· U.S. citizen
· Current background investigation completed
· Minimum two years experience in current position
· No disciplinary actions pending
Community “obstacles” to 287(g) participation
Some law enforcement agency representatives have raised concerns that empowering local officers with immigration enforcement authority could “foster mistrust of police in immigrant communities.”
Although this claim is repeated quite often by the news media, New Jersey Citizens for Immigration Control could find no studies that support this view. Regardless of the current crime rate in Bergen County that can be attributed to members of immigrant communities, the Sheriff’s Office should have every necessary tool for enforcement and prevention.
Eleven law enforcement jurisdictions nationwide have recently requested 287(g) MOAs with ICE to receive immigration enforcement training, aside from the well-publicized programs that already exist in Alabama, Arizona, Florida, California, Georgia, North Carolina, and Texas. These departments did not view potential adverse impact on community relations as a valid reason for not pursuing ICE certification for their police departments and Sheriff’s Offices.
Having Bergen County Sheriff’s Office personnel certified by ICE is in
the best interest of the immigrant community. The 287(g) program is
intended to intimidate only criminals by making them aware that they face the very real threat of expedited deportation if they are lawfully
stopped and are found, through federal database searches, to have
outstanding warrants for their arrest
In Charlotte, North Carolina, the 287(g) program is being reported as a “huge” success and is the model that Davidson County (Nashville), Tennessee intends to implement.
Julia Rush, Director of Communications for the Mecklenburg County Sheriff’s Office, said the Charlotte community has been tremendously supportive of their efforts. “Even the Latino community,” she said. “The Latino community has said, ‘Well, we don’t want them in our neighborhoods committing crimes either.’” [Attachment 1 - The Nashville City Paper, September 5, 2006, “City Looks to Deport Criminal Illegal Immigrants via Program.”]
Other counties currently enrolled or in the process of enrolling in the program include: Beaufort County, South Carolina; and San Bernardino, Los Angeles and Orange Counties in California. While some have suggested the reason more jurisdictions are not participating is fear of damaging relations with local immigrant communities, the real reason for relatively low participation so far is simply that ICE does not initiate contact with police departments or actively recruit police officers for the program; instead, it renders assistance only when contacted. Numerous jurisdictions are now preparing to seek MOAs with ICE now that word about the program is getting out.
It is our conclusion that lack of awareness and the general confusion about the 287(g) program is the primary reason for the lack of participation nationwide rather than concern about harming relationships with immigrant communities.
Specifically, what would Bergen County Sheriff’s Deputies be able to do once they become ICE-certified?
Upon completing 287(g) training, Bergen County Sheriff’s Deputies would continue to conduct their normal duties. In the course of performing these duties, however, they would have the authority to enforce federal immigration laws, as described in the MOA.
In one possible scenario, an ICE-certified Sheriff’s deputy develops probable cause under New Jersey state law to stop a vehicle for a traffic violation. After that lawful stop, the deputy would conduct an interview of the driver to determine immigration status and deportability using the same criteria as ICE agents.
In this scenario, the ICE-certified deputies would verify the immigration and criminal status of all individuals they stop, question or arrest. Currently, such verification is accomplished with a record check to the Law Enforcement Support Center (LESC). Participation in the 287(g) program will provide the Bergen County Sheriff’s Office with access to additional ICE databases. Mecklenburg County reports that these ICE databases allow for more efficient verification. [Attachment 2 - The Free Press (Kinston, NC), August, 26, 2006, “Gaston County wants to license officers.”]
In another scenario, ICE-certified correctional officers at the ADC review the citizenship status of each person taken into custody. Those determined to be illegal aliens would be processed concurrently with serving their sentences, at the conclusion of which they would be turned over to ICE for expedited deportation proceedings instead of being released back in the community.
Alternatively, with the assent of ICE, illegal aliens who meet the criteria for early release could be turned over to ICE for removal. The Arizona Department of Corrections reports that it realized a cost savings of $2,985,655 and 53,135 bed days through this early release procedure. [Attachment 3 - ICE Web site, “Law Enforcement Partners - Criminal Alien Program (CAP)
Wouldn’t asking about a person’s immigration status leave Bergen County exposed to costly litigation and financial penalties from successful lawsuits?
No. In March 22, 2005 the U.S. Supreme Court ruled unanimously in the case of Muehler v. Mena that local law enforcement officers can question the immigration status of individuals they suspect to be in the United States illegally. The Supreme Court stated that officers do not need reasonable suspicion to ask for name, date of birth, or immigration status.
In its decision, the Court drew extensively on previous case law that held, “[E]ven when officers have no basis for suspecting a particular individual, they may generally ask questions of that individual; ask to examine the individual’s identification; and request consent to search his or her luggage.”
Furthermore, Bergen County deputies and correctional officers governed by a 287(g) agreement and supervised by ICE personnel during the performance of their duties are considered to be acting under federal authority in the enforcement of immigration laws. This further shifts any potential liability to the federal government and provides additional immunity for the ICE-certified officers, Sheriff’s Office and Bergen County.
The 287(g) program came about through an act of Congress. It gives DHS the authority to enter into partnerships with state and local law enforcement agencies for the joint enforcement of federal immigration law. Since there is no legal basis on which to challenge Bergen County’s participation in the program, there is no danger of protracted, costly litigation for the County.
Is there any potential for abuse with the 287(g) immigration enforcement program? What about racial profiling?
There is the potential for abuse in any government program just as there is the potential for abuse by law enforcement in general. The purpose of the 4.5-week course under the 287(g) program is to help prevent opportunities for abuse by educating deputies and officers about immigration law, cross-cultural communication, and what they can and cannot do in partnership with ICE.
For example, the program is not used for random “street cleaning” operations; nor will it have any impact on overcrowding. The program’s real value is in identifying violent offenders, gang members, drug traffickers, child predators and other dangerous people who may be in this country illegally and removing them from the community for possible deportation.
Legitimate concern has been raised among civil libertarians that local law enforcement could start arresting individuals for minor crimes when they suspect they are in the U.S. illegally, when in the past the same suspect would have gone free with only a written citation. The training in immigration law and on-the-job supervision by ICE makes it unlikely that such abuse would occur. According to DHS, “the 287(g)-trained officers are focused on identifying and processing criminal aliens for removal, and investigating criminal immigration violations.”
One of the conditions for local law enforcement participation in this program is that ICE officers must supervise the Sheriff’s deputies who have been certified to enforce immigration law. ICE training is given in accordance with the U.S. Department of Justice’s prohibition on racial profiling. Further, the Department of Homeland Security has policies prohibiting such practices and ICE supervisors strictly follow the prohibitions against racial profiling. If any deputy is found to engage in racial profiling, he/she is immediately decertified.
Together, all of these precautions would also prevent “mission creep” whereby the Bergen County Sheriff’s Office or individual deputies would deliberately or inadvertently extend enforcement activities beyond the boundaries defined in the MOA.
Will a legal resident occasionally be suspected of being in this country illegally and even be detained during a criminal investigation?
Yes. This has even happened in jurisdictions participating in the 287(g) program. But innocent people who are American citizens also are occasionally taken into custody during criminal investigations for reasons that may have nothing to do with immigration enforcement. The important point is that there are mechanisms in place to free individuals after issues of mistaken identity are clarified. Participation in the 287(g) program would give the Bergen County Sheriff’s Office access to DHS/ICE databases to ensure that cases of mistaken identity are rare.
Isn’t the Bergen County Sheriff’s Office already stretched too thin to handle immigration enforcement, which is really a federal responsibility?
It is wrong to conclude that ICE-trained and certified Sheriff’s deputies would be somehow dedicated to federal immigration enforcement and that this would take away from regular patrols. Investigating crime, collecting evidence, making arrests, detaining suspects and performing background checks are requirements of the job, whether the suspect in an American citizen or an illegal immigrant.
The fundamental issue is one of law enforcement, not immigration enforcement. Any police activity that removes dangerous people from the community is within the Bergen County Sheriff’s Office’s scope of responsibility. Public safety demands that there be no discretion about which criminals to arrest, detain and prosecute. During the course of an investigation, if some suspects are found to be eligible for expedited deportation, that step must be taken to protect the community.
Bank robbery is a federal offense, yet Bergen County Sheriff’s deputies are expected to respond by arriving at the scene of the crime and promptly beginning an investigation. Bergen County does not excuse the Sheriff’s Office of doing its duty just because bank robbery is a federal offense; nor does the County prohibit deputies from cooperating with federal authorities to solve the crime.
Enforcement of immigration laws does not necessarily take the focus off enforcing local laws; rather, immigration enforcement comes about during the course of enforcing local laws. Immigration enforcement authority becomes just one more tool with which to protect and serve the community.
Further, under the 287(g) program, the Bergen County Sheriff’s Office gets a partner — ICE — that cooperates in law enforcement. Rather than become stretched too thin, the Sheriff’s Office gains expertise, access to comprehensive criminal databases, and a source of intelligence that it does not currently have.
Once deputies go through the 287(g) training program and become certified by ICE for immigration enforcement authority, no follow-on training is necessary to become re-certified. Once a deputy becomes certified by ICE, he or she can only lose it by violating the terms of the MOA.
What does participation in the 287(g) program give the Sheriff’s Office that it does not already have?
The Sheriff’s Office would obtain access to ICE databases of fingerprints and photographs, which is the only real method of positively identifying a person and their immigration status. Most law enforcement agencies nationwide try to identify the legal status of an individual by telephoning the Law Enforcement Support Service Center (LESC) in Vermont and submitting the name of a suspect. This is a very time consuming process. Other databases are available as well, but require manual paper file checking.
In addition, the Sheriff’s Office would obtain the authority to perform much of the administrative processing leading to expedited deportation of criminal aliens by the Removal and Detention Division of ICE. Under expedited processing, deportation could take place in as little as 90 days. The benefits of removing dangerous criminals this fast from Bergen County are obvious, even to our many immigrant communities.
There has been a lot of publicity about ICE not responding to calls for assistance from police chiefs and Sheriffs nationwide when they detain illegal immigrants. How can Bergen County be assured of ICE cooperation?
The MOA is a partnership between ICE and local law enforcement. In essence, it is a contract that outlines the responsibilities of both parties. If the Bergen County Sheriff’s Office acts within the guidelines of the MOA, ICE cannot refuse to honor its commitments under the MOA. However, during the negotiations leading to the MOA, ICE will determine the level of assistance it will commit to based on its local staffing and funding constraints, as well as the local availability of detention space.
Can the MOA be changed over time to take into account new circumstances?
The MOA can be changed at any time by mutual consent of the parties. For example, the initial MOA may focus on breaking up gangs, which is a growing problem in Bergen County. Later, if methamphetamine labs become a problem, the MOA can be changed to go after this class of criminal with the additional tool of expedited deportation under the 287(g) program.
New Jersey Citizens for Immigration Control and United Patriots of America, Bergen County recommend the initial letter of interest to DHS request, at minimum, ICE training for Adult Detention Center officers and members of anti-gang activity units in order to allow for expedited removal of convicted criminal aliens and those whose continued presence is likely to pose a danger to the community.
How does the 287(g) program fit into the current law enforcement approach taken in Bergen County?
One aspect of 287(g) participation that has not received much attention is its deterrence value, yet this should be a key factor in the decision to request 287(g) training for Bergen County Sheriff’s deputies. Just one arrest in partnership with ICE would send a strong message to criminal aliens in Bergen County, and to those who may be headed in this direction, that there is a very real risk of expedited deportation if they come into contact with a Bergen County Sheriff’s deputy as part of an investigation.
In Mecklenburg County, North Carolina, where a successful 287(g) program is in place, so many criminal aliens are moving out of that county that adjacent counties are now looking into the program.
If Bergen County participates in the 287(g) program, how would the individual towns, such as Paramus, Hackensack, etc. — which have their own Police Departments — be impacted?
As self-contained law enforcement jurisdictions, any town in Bergen County can apply for 287(g) participation separately from Bergen County, similar to the way the Town of Herndon did in Fairfax County. Under Section 287(g) of the Immigration and Nationality Act (INA), the Memorandum of Agreement would be with the local law enforcement agency, not Bergen County.
Conceivably, the Bergen County Sheriff’s Office could choose to participate in the 287(g) program, but the Police Departments of the individual towns may choose not to participate.
Having overlapping law enforcement authority with town police departments, however, allows ICE-certified Sheriff’s deputies to make immigration-related arrests within the incorporated towns of Bergen County. As a matter of professional courtesy, the Sheriff’s Office would communicate aspects of its investigation or intention to arrest with a local police department, but it is not obligated to do so.
In terms of the training leading to certification, DHS/ICE provides different programs for Police Department officers and Sheriff’s Offices, so the two types of personnel cannot be mixed in the same class.
What community outreach effort would be required to ensure that all Bergen County citizens understand that participation in the federal 287(g) program is a legitimate law enforcement tool that benefits everyone and does not unfairly target minority groups?
The Sheriff’s Office must participate in a community outreach program immediately following approval of the 287(g) initiative. At a minimum, this program should include:
· Organizing a meeting of community leaders to explain the program and answer questions.
· Arranging interviews with foreign-language newspapers that serve Bergen County.
· Speaking at meetings of community and business groups.
· Bylining articles in the local press.
· Offering concerned citizens the opportunity to ride along with deputies.
· Assigning qualified, knowledgeable deputies to speak with community groups and Home Owner Associations.
· Publicizing accomplishments achieved under the 287(g) program.
In researching the 287(g) program, New Jersey Citizens for Immigration Control and United Patriots of America, Bergen County expects that there may be some confusion about its purpose and implementation, even among people who are working in an official capacity. This confusion may be perpetuated through the local press and immigrant activist groups that mischaracterize the program. Some who are against the program in other communities have adopted the tactic of endlessly raising questions that are intended to instill doubt and, consequently, inaction.
We believe a successful implementation in Bergen County will be contingent on how well County officials, including the Sheriff’s Office, communicate the purpose of the 287(g) program to the public.
The 287g Proposa/ This is the latest joint project by UPA-Bergen, NJCIC and YDSFM.
Let The Police Enforce The (Immigration) Law!
287g training from ICE sought by many U.S. jurisdictions
approximately 4 1/2 weeks of ICE training, state and local police and sheriff's ... ICE immigration enforcement training is a provision of the Illegal Immigration ...
http://www.novatownhall.com/blog/2006/09/287g_training_from_ice_sought.php
09/20/2006
Immigration measures on hold
By Keith Phucas
Council OKs motion to advertise ordinances concerning illegal aliens
BRIDGEPORT, NJ - Borough Council voted Tuesday to advertise two proposed ordinances that address illegal aliens. One measure would restrict the undocumented from working or renting in the borough; the other mandates that official government business be in English.
Council approved a motion to advertise the Immigration Relief Act by a 7-1 vote. The English language proposal also passed 7-1.
The approvals signal that council would likely favor both ordinances when the measures come before council in October.
"I think it was obvious tonight, that we have the seven votes (for approval)," said Councilman Pete Kohut.
Bridgeport worries an influx of illegal immigrants would put a strain on borough services, and that undocumented residences could avoid paying municipal taxes.
In July, the city of Hazleton and New Jersey's Riverside Township passed measures restricting undocumented individuals from holding jobs or renting property. The Hazleton measure also made English the city's official language.
At Bridgeport's Aug. 8 workshop meeting, Councilwoman Juanita Coover proposed drafting a similar ban that would prohibit employing or renting to illegal aliens.
However, the American Civil Liberties Union of Pennsylvania (ACLU) and several immigration groups filed a lawsuit Aug. 15 challenging Hazleton's ordinance.
The lawsuit prompted Bridgeport council to table its proposed measure on Aug. 22.
Borough Council then asked Bridgeport's solicitor Sal Bello to review the Hazleton lawsuit and report back to council.
Previously, Councilman John Pizza said the Riverside ban hastened the departure of undocumented workers there.
Last week, Hazleton voted to scrap the ordinance it approved July 13 for an overhauled version that is expected to have a better chance of withstanding a court challenge.
Hazleton's Illegal Immigration Relief Act fines landlords $1,000 for each illegal-alien tenant and has the power to suspend business licenses of those employing undocumented workers.
While the revised Hazleton bill still punishes landlords and businesses, it puts the burden of verifying immigration status on the city, gives landlords and employers time to correct violations before sanctions are imposed and reduces penalties.
Hazleton agreed last week not to enforce the original measure in exchange for the ACLU's pledge not to file an injunction against the city.
Under the agreement, Hazleton must give the plaintiffs at least 20 days' notice before it begins enforcing the law.
Hazleton Mayor Lou Barletta proposed the ordinance after two illegal immigrants were arrested for shooting and killing a man.
Under the new Hazleton law, the federal government would determine an individual's immigration status.
The ACLU lawsuit was filed on behalf of 11 Hazleton residents and business owners and three nonprofit organizations, according to ACLU's Web site.
The suit claims Hazleton's original ordinance violated the U.S. Constitution's Supremacy Clause, because it seeks to override federal law and the exclusive federal power over immigration.
Also, the suit claims the city's "English only" provision violates city residents' First Amendment rights to free speech, the ACLU said.
Keith Phucas can be reached at kphucas@timesherald.com or 610-272-2500, ext. 211.
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