Immigration Enforcement By Local Cops Studied By US Congress
Written by Stephen Rhodes on December 22, 2009 - 
2 Comments
Jim sent this in:
The Immigration and Nationality Act, as amended during the Obama Administration, authorizes the federal government to enter into partnerships with state and local law enforcement agencies to train officers to assist in identifying those individuals who are in the country illegally.
U.S. Immigration and Customs Enforcement is responsible for supervising state and local officers under this program. However, following complaints received by members of the US Congress, the Government Accountability Office was asked to review this program.
The GAO’s report reviews the extent to which ICE has designed controls to govern the program’s implementation, and how the resources are being used and the activities, benefits, and concerns reported by participating agencies.
ICE has designed some management controls to govern program implementation, such as background checks of state and local officers, but the program lacks other controls, which makes it difficult for ICE to ensure that the program is operating as intended.
First, the program lacks documented objectives to help ensure that participants work toward a consistent purpose. ICE officials stated that the objective of the program is to address serious crime, such as narcotics smuggling committed by removable aliens; however, ICE has not documented this objective in program materials.
As a result, of 29 program participants reviewed by GAO, 4 used 287(g) authority to process individuals for minor crimes, such as speeding, contrary to the objective of the program.
Second, ICE has not described the nature and extent of its supervision over participating agencies’ implementation of the program, which has led to wide variation in the perception of the nature and extent of supervisory responsibility among ICE field officials and officials from the participating agencies. ICE is statutorily required to supervise agencies participating in the program, and internal control standards require an agency’s organizational structure to clearly define key areas of authority and responsibility.
Defining the nature and extent of the agency’s supervision over this large and growing program would strengthen ICE’s assurance that management’s directives are being carried out. Finally, while ICE states that participating agencies are responsible for tracking and reporting data to ICE, in 20 of 29 agencies
GAO reviewed, ICE did not define what data should be tracked or how it should be collected and reported.
Communicating to participating agencies what data is to be collected and how it should be gathered and reported would help ensure that ICE management has the information needed to determine whether the program is achieving its objective. ICE and program participants use resources for personnel, training, and equipment, and participants report activities, benefits, and concerns regarding the program.
In fiscal years 2006-2008, ICE received about $60 million to train, supervise, and equip program participants. As of October 2008, ICE reported enrolling 67 agencies and training 951 state and local law enforcement officers.
According to data provided by ICE for 25 of the 29 program participants reviewed by GAO, during fiscal year 2008, about 43,000 aliens had been arrested pursuant to the program, and of those, ICE detained about 34,000. About 41 percent of those detained were placed in removal proceedings, and an additional 44 percent agreed to be voluntarily removed.
The remaining 15 percent of those detained by ICE were given a humanitarian release, sent to federal or state prison, or released due to the minor nature of their crime and federal detention space limitations. Program participants report a reduction in crime, the removal of repeat offenders, and other public safety benefits.
However, over half of the 29 agencies GAO contacted reported concerns from community members that use of program authority would lead to racial profiling and intimidation by law enforcement officials.
Filed under: Temple Tidbits, The Red Skinny
2 Comments for this post
Everyone must be warned before coming to the United States. Even if you have a visa, you are putting yourself at risk of Homeland Security ICE officers. I have a friend that is from Paris France here on an education visa to finish his degree. He has been here since 2005. His visa is valid until March of 2010, His passport is valid until 2014, and his I-20 is current. He is not illegal. In 2008 He fell in love and married a U.S. citizen that just happens to be addicted to Prescription medications, He knew nothing about this. But he was arrested due to her mistakes. He was placed in detention, scheduled for deportation. He has been in detention center in Pompano Beach Florida for 5 months now. All this because of her mistakes. She should be the one in jail not him. Please everyone coming to America. Think twice. This couple has lost all there savings on lawyers, she lost her job, and they are in the process of losing there home. All this was caused because ICE has the wrong person in jail. They make up any story they want and when they are questioned about it you get nowhere. I have written many letters to Janet Napolitano, Senator Bill Nelson, Representative Ginny Brown-Waite and even President Obama. But no one will listen. So please people think twice about coming to America for any reason. Our immigration system is broken ….they all agree, but you put your life at risk when you enter our borders. Even if you follow the rules you may also lose everything as this couple has. No one will listen, no one cares. This man has never even had a traffic violation and is 51 yrs old. He has never worked in America has always been self supporting and took nothing from Americans social services. His American dream has turned into a night mare. Shame on America. I think it is about time someone revised this immigration and ICE practice. What is illegal in this case is the way DHS is treating this guy. John Morton and Janet N. should be ashamed of themselves. This is just wrong. While in there detention center they have abused him, denied him food and proper medical treatment. He is diabetic and they will not give him the proper food or medical attention. I think it is terrible. The phone system is very poor and not working everyday. They plan it that way so they can not contact there lawyers and family. Someone needs to stop ICE, They are totally out of control. I fear He will be next on the long list of persons that have died while in detention. Until you go to one of these detention centers and see with your own eyes, you will not believe what America is doing. I was shocked, on my first visit and after almost 6 months of seeing what happens, how they have to live. I am still in shock. Trust me it is all about money. He is in a private prison owned by a company called GEO based near Miami Fl. They are paid very well by our tax dollars, but the treatment is unbelievable. I just have to close by saying shame on America. I have seen it with my own eyes. I wonder how many congressmen have stock in this company. They are doing quite well. Just watch for yourself they are GEO on the stock market and are doing well in a bad economy. Makes one think a government contract like this is not a bad investment. I think the government is making a mountain out of a mole hill and now wants to sell climbing equipment!
Hi Carl,
I am sorry about your friends situation. It must be very frustrating to have no one listen to you and see how there is nothing you want to be done , be done. Unfortunately ICE together with Home Land Security and the Government have their procedures of working, Your friend might have had a permit to be in the States and he entered legally this means he is a legal resident, but when he is given permission to stay temporary in the States he signed a form which explained him that any type of criminal record would deploy him. I understand that it was not something he did directly but you must know that before ICE comes in to arrest an individual they develop a case which takes about 2 months. I am sorry that your friend is going through this but their is probably some information that you are unaware of. I hope this information helps you a little, I know it might not take the frustration you have but it might encourage you to look in to the DHS website, inform yourself and find out how you can help your friend with facts about the way they work.
I must add that I have nothing against Immigrants because I was one, I recently became a citizen but I am well informed on how all of this works. Believe me if ICE had to get involved it means that it was something big.
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