It appears as if California legislators are once again reviving their efforts to thwart Secure Communities, the controversial federal immigration detention/deportation program now in effect across much of the United States.

Specifically, Rep. Tom Ammiano (D-San Francisco) indicated that he is currently putting the finishing touches on legislation that would grant local law enforcement agencies in California the right to refuse to comply with certain detainer requests made by Immigration and Customs Enforcement (ICE) under the Secure Communities enforcement program.

For those unfamiliar with Secure Communities, it is a computerized program that links participating local jails with a federal database. Specifically, anyone who is booked into jail has their background/profile run through a database run by ICE to uncover potential immigration violations.

In the event ICE officials detect someone who is eligible for deportation, they may issue a detainer asking the local jail to hold the person beyond the normal incarceration period until their agents can take them into custody.

Touted as a method of capturing violent, repeat criminals, Secure Communities is now in effect in more than 1,000 jurisdictions across the U.S. However, critics have argued that the program is nothing more than a dragnet for deporting undocumented - and largely innocent - immigrants, and puts unnecessary strain on underfunded local law enforcement officials.

"States have their own ways of fighting back," said Ammiano. "We can't stand by and let innocent people, food vendors, etc. be caught up in sweeps, assume they're guilty of some violent offense and then deport them and separate them from their families."

It is likely that Ammiano's legislation would be introduced as an amendment to Assembly Bill 1081 (AB 1081).

AB 1081 was originally designed as an amendment to an existing agreement between the state and ICE. It would have enabled counties to opt out of Secure Communities, and required those counties/jurisdictions that chose to remain in the program to adopt measures that would both protect victims of domestic violence and juveniles from deportation, and prevent racial profiling.

While the state Assembly voted 47-26 to pass AB 1081 this past summer, it was ultimately put on the shelf after the federal immigration officials declared that they were voiding all signed state agreements. However, it appears as if the lawmakers are still supportive of measures designed to limit the impact of Secure Communities.

Not surprisingly, federal officials are against any such measure, saying Secure Communities is essential to protecting the public.

"Even though some aliens may be arrested on minor criminal charges, they may also have more serious criminal backgrounds which disguise their true danger to society," said Nicole Navas, an ICE spokesperson. "Jurisdictions that ignore detainers bear the risk of possible public safety risks."

Stay tuned for further updates from our Los Angeles County immigration law blog ...

If you are facing immigration detention or have already been detained on an immigration-related matter, an experienced lawyer can help ensure that your rights and best interests are fully protected.

This post was provided for informational purposes only and is not to be construed as legal advice.

Source:

The Los Angeles Times, "California bill seeks to limit detention of arrestees facing deportation" Jan. 28, 2012