Saturday, May 30, 2009

The Evolution of 287(g)

The 287(g) program began in 1996 with the passage of legislation by the United States Congress. The citation is (oddly enough) Section 287(g) of 8 U.S.C. 1357, otherwise known as 110 STAT. 3009–563 PUBLIC LAW 104–208—SEPT. 30, 1996.

It’s purpose and functions are stated in the law itself:
“an officer or employee of the State or subdivision… may enter into a written agreement…to perform a function of an immigration officer in relation to the investigation,
apprehension,
or detention
of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law.”


These trained officers or employees “may use Federal property or facilities.”

They are authorized by, trained, supervised and directed by the Attorney General.

Agencies may not be forced by the federal government to participate in the program.

The 287(g) program is not a requirement for an agency “to communicate with the Attorney General regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States; or…otherwise to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.’’

And the program was created following the law, which required a Memorandum of Understanding (MOU) between the local government agency and the Attorney General.

Note that the law does not restrict the agencies that may participate. Any political subdivision may be a 287(g) agency.

Also note that there is no provision for refusal by the federal government. They cannot deny 287(g), only restrict their authority through the MOU language.

Note as well that the law does not limit the functions of officers. The program has evolved to mean only two functions, task force participation or jail screening. But the law doesn’t say that.

A review of the performance of the 287(g) program was requested (I believe for purely political reasons) by the following Members of Congress. I have included their recent (2006-2009) immigration scorecard rating as provided by Numbers USA:
Sen. Joseph Lieberman – F-
Sen. Susan Collins – C-
Rep. Bennie Thompson - D
Rep. Christopher Carney - C
Rep. Mike Rogers – C+
Rep. Mark Souder – B

The review was published by the Government Accountability Office in January of 2009 under document number GAO-09-109.

According to the GAO report, “ICE officials have stated that the main objective of the 287(g) program is to enhance the safety and security of communities by addressing serious criminal activity committed by removable aliens.” (pg. 4) Oh really? The statute doesn’t say that.

But that doesn’t stop the GAO from commenting on it as a problem when they write, “some participating agencies are using their 287(g) authority to process for removal aliens who have committed minor crimes.” (pg. 4)

The GAO then explains what would happen if local agencies were to turn in every illegal alien they find. “If all the participating agencies sought assistance to remove aliens for such minor offenses, ICE would not have detention space to detain all of the aliens referred to them.” (pg. 4)

Later on, the GAO raises the flag of racial profiling. Here’s what the report says: “Participating agencies cited benefits of the program including a reduction in crime and the removal of repeat offenders. However, more than half of the 29 state and local law enforcement agencies we reviewed reported concerns members of their communities expressed about the 287(g) program, including concerns that law enforcement officers in the 287(g) program would be deporting removable aliens pursuant to minor traffic violations (e.g., speeding) and concerns about racial profiling.” (pg. 6)

Concerns by members of the community do not a valid profiling case make, yet the report does not explore the comment, leaving it to hang in the air as if it were true.

Of course, the ACLU has leveled allegations but no proof. Such that the House Chairman of Homeland Security, Rep. Bennie Thompson, raises the scepter of suspicion when he enters this statement into the record on March 4, 2009. After making the mistake of defining 287(g) as a program for removing “dangerous people” exclusively he remarks: “While I do not know whether 287(g) is an effective program, I do know that it is a program that has been accused of racial profiling. And that accusation should concern all of us. Effective law enforcement and discrimination cannot coexist.”

Let’s parse that statement a bit. First of all, Thompson has the report of the results of the program, including the number of detainers and deportations. It is effective.

Next, he is more than willing to throw out the program because it has been “accused of racial profiling.” Hmm. It would be easy to halt all the programs in this nation with racial profiling allegations hanging over their heads.

Shall we stop TSA airport screenings? They have been “accused of racial profiling,” as has the FBI, ATF, Secret Service, CIA…Perhaps Rep. Thompson would like to pass a federal law suspending police activities in any local jurisdiction where an accusation of racial profiling has been raised.

That same mentality has carried over to the federal budget, where a note about 287(g) funding says, “That none of the funds provided under this heading may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland Security Inspector General determines that the terms of the agreement governing the delegation of authority have been violated.”

Indeed a witch hunt is afoot in Washington intended to undermine the success of 287(g). The communities of Waukegan and Carpentersville Illinois have been denied the program without a public explanation.

A lack of funding, coupled with administrative malaise at ICE will surely undermine the expansion of 287(g). It might even decimate existing partnerships.

Yet the public face at Homeland Security tells a different story. As Secretary Napolitano indicated on May 6th of this year, “DHS also has continued to expand its partnerships with state and local law enforcement under the 287(g) program, which gives specially trained officers authorization to perform immigration enforcement duties under the supervision of ICE agents and officers. ICE has 58 active Memoranda of Agreement (MOAs) with law enforcement agencies in 23 states. As of April 2009, ICE's 287(g) partners have encountered over 104,000 aliens who were screened for removability.”

“This program continues to be an effective force multiplier for our efforts.”


An interesting statement, but not consistent with budget allocations or other efforts to undermine 287(g). Local officials need to be vigilant and investigate any refusals for a signed MOU.

Tuesday, May 26, 2009

The fate of 287g

I am so confused about the status of the 287g program. Here's what Janet Napolitano told a senate judiciary committee on May 6th:

Oral testimony of Secretary of Homeland Security Janet Napolitano on May 6, 2009 before the Senate Judiciary Committee:

“We are expanding our efforts to identify, arrest and deport criminal and fugitive aliens.
We are working on improving the 287g program so we continue to work effectively with proper guidance and oversight with our state and local partners.”

Written testimony submitted by Secretary of Homeland Security Janet Napolitano on May 6, 2009 before the Senate Judiciary Committee:
“State and Local Law Enforcement Under 287(g)

“DHS also has continued to expand its partnerships with state and local law enforcement under the 287(g) program, which gives specially trained officers authorization to perform immigration enforcement duties under the supervision of ICE agents and officers. ICE has 58 active Memoranda of Agreement (MOAs) with law enforcement agencies in 23 states. As of April 2009, ICE's 287(g) partners have encountered over 104,000 aliens who were screened for removability.

“This program continues to be an effective force multiplier for our efforts. For this reason, it is vitally important that the program has strong oversight and remains free of abuse. In the past few years, the 287(g) program has been the subject of much media attention and heightened scrutiny. To address many of the concerns, ICE is redrafting the MOA template to increase oversight and supervision as well as align the goals of state and local law enforcement participating in the program with ICE priorities and guidelines. In addition to the MOA, ICE has issued credentials to state and local 287(g) partners and is drafting a policy mandating refresher training for all active 287(g) officers. In these efforts, DHS is carefully reviewing the recommendations provided in the January 2009 report by the Government Accountability Office. Finally, we are committed to working with stakeholders to address concerns about racial and ethnic profiling and other abuses in this and other enforcement programs.”

So, why did the feds CANCEL the requests from Waukegan and Carpentersville? Is it still a viable program? Or not?

Based on funding I think the Obama administration is going to starve 287g to death.

Thursday, May 21, 2009

A Bonus

I’m sure you have mixed feelings about the odd-even parking plan, especially if you must park on the street.

But when it comes to snow plows, street sweepers, leaf collection, and fire trucks most people are pleased.

But there is another bonus. In years past there has been a little cat-and-mouse game going on. Odd-even has effectively ended that little game.

There are certain individuals in town who used to park their cars for the winter, take out the battery, and leave town for months at a time. I suppose that’s OK if the car is in your garage, but if you leave it on the street, that’s another matter.

Once in a while a parking enforcement officer would come by, then a kind neighbor would push the car forward two feet to avoid a ticket. They could push the car back and forth all winter long and still be in compliance with the law. It was pretty easy to tell what they were doing by the cobwebs built up between the headrest and the rear-view mirror.

Along comes the odd-even plan and they can’t do that any longer. City sources tell me that 600 abandoned cars have been impounded this winter. Imagine the storage bill plus the tow plus the fine and you are quickly paying more than the car is worth.

Now, I’m sure that among those 600 cars there are a few that belonged to college students who would be back in May. It doesn’t matter. The streets of Elgin are not long-term parking lots. Odd-even parking has just forced the enforcement of existing laws.

Thank you to the city leaders for their efforts to make Elgin more beautiful.

Friday, May 8, 2009

What am I supposed to do about it?

Fact: Identity theft is real and it’s happening in Elgin
Fact: Illegal aliens who use your ID to get a job can do serious damage to your credit history and create a tax liability for you.

Recent case #1
Addison man working in Elgin charged with ID theft
By Lenore T. Adkins Daily Herald Staff
Published: 4/30/2009

A Mexican-born Addison man used a stolen Social Security number to live his version of the American dream, making more than $80,000 in nearly three years, police said.

Felix Aguilar, 43, of the first block of West Diversey Avenue, was arrested Wednesday and charged with identity theft, a Class 2 felony that carries up to seven years in prison upon conviction, authorities said.


(Note: AFLA has tracked a total of eight cases of identity theft in the last two years where the accused worked at Sanfilippo according to the police report in the newspaper.)

Recent case #2
C'ville man charged with making $107,000 with another's identity
By Kerry Lester Daily Herald Staff
Published: 4/28/2009 5:29 PM

A Carpentersville man has been charged with stealing another man's identity and making a pretty good buck with it.

Abelardo Saldivar, of 820 Monroe Ave., Carpentersville, was arrested Monday on a Class X felony count of identify theft that could land him six to 30 years in prison if convicted.

According to Elgin police reports, Saldivar worked at Amtec Precision Products for three years using another man's name, Social Security number and birth date.


Recent case #3
Police: Elgin woman used false identity for nearly a decade
By Kerry Lester Daily Herald Staff
Published: 5/7/2009 4:35 PM

An Elgin woman has been accused of profiting off another's identity for the past decade.

Griselda Alvarez, 40, of the 400 block of Sadler Avenue, was arrested Wednesday.


According to police reports, a woman who resides in Texas filed a report on April 21 with Elgin police that someone was using her personal identity.

The woman said that in 1999 she lost her purse, which contained both her Social Security card and birth certificate.

In 2006 the woman was notified that someone had used her identity at Amtec Precision Products in Elgin.

So, what’s an employer to do? Well, I was at a business seminar on Thursday and learned that Immigration has a program for businesses of all sizes called IMAGE. (Don’t you love government acronyms?)

IMAGE stands for ICE Mutual Agreement between Government and Employers. The program includes using E-Verify (which is legal to use and is over 99% accurate), auditing the I-9 forms on file, establishing a tip line for people to report illegal aliens to your company, and instructions on reporting funny business to the government so they can take action.

I also learned a couple of things citizens can do:
First, report suspicious activity to ICE at 1-866-347-2423.
Second, if you think someone else is using your identity, be sure to contact your local police and the Federal Trade Commission (FTC).
The FTC is the clearinghouse for all the data on identity theft and ICE always checks their database to make connections you might not even know about.

So, AFLA recommends that Elgin businesses enroll in the IMAGE program and that the general public report identity theft crimes.