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ICE goes rogue on S-Comm

Print | Comments () Posted by Carol Rose, On Liberty  August 7, 2011 08:31 AM
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ACLU of Massachusetts staff attorney Laura Rotolo wrote the following guest blog.

The Federal government’s rogue agency is at it again. In a late Friday afternoon surprise announcement, Immigration and Customs Enforcement (ICE) announced that it would rescind all 39 memoranda of understanding (MOUs) with states to implement “Secure Communities” (S-Comm.) ICE now believes, after years of negotiating these contracts, that it does not need them and can just steamroll ahead without them.

What changed? After agreeing that Boston would serve as a pilot city for S-Comm, both Boston's Mayor Tom Menino and Police Chief Ed Davis said the program threatens effective policing and should be scrapped unless it is fixed (it isn't). Governor Deval Patrick -- along with New York Governor Andrew Cuomo and Illinois Governor Patrick Quinn -- raised similar concerns and rejected the program outright.

But what the Feds once touted as voluntary, even a pilot program in Boston, overnight ICE has declared to be a federal mandate that will turn every city and every town into a feeder into the broken immigration system, not to mention part of the burgeoning bio-metric surveillance system that targets all Americans.

ICE showed its true colors today. Government insiders have longed considered
ICE the “rogue” agency, and today it was at its most obstinate and contemptuous, the stubborn younger brother who won’t play nice and changes the rules of the game when it looks like he’s losing.

ICE has shown that it cannot be trusted to behave as a responsible agency. ICE lied to Congress when it asked for money to create S-Comm in order to deport violent criminals. Nothing about S-Comm’s structure is even geared towards criminals. It is meant to be a dragnet to sweep up the innocent and criminals alike, and that’s exactly what it has become.

ICE lied to cities and towns when it sold them this program as a way to get criminals off of the streets. In fact, ICE's own numbers show that the majority of people deported under S-Comm have no criminal convictions whatsoever.

ICE lied to governors and mayors when it sat down at the negotiating table and pretended to hash out a deal. When those deals fell through, the agency turned around and said they were never necessary.

ICE lied to the communities, holding hearings and meetings with advocates, while turning a deaf ear to the legitimate public safety concerns of people on the ground who will have to implement this terrible program.

Late on another Friday afternoon seven weeks ago, ICE announced a set of superficial “changes” to S-Comm. But everyone saw the changes for what they were - an insincere attempt to quiet criticisms without actually addressing the fact that S-Comm undermines effective community policing.

ICE cannot be trusted to ensure America’s safety. It made clear today that it plans on forcing its plan down the throats of states and cities whose leaders have told ICE that S-Comm makes their communities less safe by undermining law enforcement.

It is time for communities, towns, cities and states to stand up to this federal power-grab. S-Comm must be ended and ICE must be reined in.

This blog is not written or edited by Boston.com or the Boston Globe.
The author is solely responsible for the content.
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About the author

Carol Rose is executive director of the American Civil Liberties Union of Massachusetts. A lawyer and journalist, Carol has spent her career working for and writing about human rights and civil liberties, both in the United States and abroad. More »

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