Written by The Progress Report
Yesterday, the Department of Homeland Security (DHS) announced a series of "sweeping changes" to the country's broken immigration detention system. DHS Secretary Janet Napolitano and Assistant Secretary for Immigration and Customs Enforcement (ICE) John Morton rolled out a series of initiatives meant to rein in the web of federal centers, state and county lockups, and for-profit prisons that constitute a multi billion dollar "patchwork" of detention cells created by the Bush administration. The changes are in addition to the detention reforms presented in August and part of an ongoing effort on behalf of DHS to clean up its immigration agency. This summer, Napolitano also announced that DHS would standardize ICE's 287(g) program, a widely-criticized initiative that gives state and local police agencies that enter into agreements with ICE the authority to enforce immigration laws. Earlier this year, DHS suspended controversial workplace raids and introduced a new set of guidelines that require ICE officials to focus on the employers who knowingly hire undocumented workers rather than the workers themselves. "It's out of date in terms of what needs to happen in a modern-day world," explained Napolitano in a press conference yesterday afternoon.
SHIFTS IN DETENTION: In August, Morton announced that ICE would begin implementing reforms that move away from the "scandal-plagued" and "decentralized, jail-oriented approach" of the Bush administration, with the goal of bringing "improved medical care, custodial conditions, fiscal prudence, and ICE oversight" to the U.S. detention system. The second set of initiatives arose out of a comprehensive review which stressed that the purpose of the detention system isn't to punish people as a penal system does, but to simply process them for deportation. As a result, ICE will begin assessing the risk of danger posed by its detainees and start placing them "in an appropriate facility." Proposals include presenting Congress with a plan for alternatives to detention for low-risk detainees that may include housing them in converted hotels and nursing homes, or using ankle-bracelet tracking devices. ICE will also centralize its more than 300 active prison contracts, which are currently managed by disparate ICE field offices, and "aggressively monitor and enforce contract performance." Within the next six months, ICE promised to implement a "sound" medical classification system to support immigration detainees with unique medical or mental health needs. The proposed reforms are expected to be "budget neutral" or result in cost savings, though Morton explained, "it's not just about saving money -- it's about getting it right."
THE RE-DEPUTIZATION OF IMMIGRATION LAW: Earlier this year, the Government Accountability Office (GAO) released a report slamming ICE for failing to provide local police participating in the 287(g) program with clearly defined objectives or a consistent system of supervision. "Contrary to the objective of the program," the GAO report found that participating local police were removing immigrants for minor violations amidst rampant allegations of discrimination and racial profiling instead of curbing serious crime committed by "removable aliens." Napolitano responded by announcing new objectives and guidelines aimed at "providing uniform policies" that prioritized the deportation of immigrants who commit serious crimes. ICE is requiring all of its participating police agencies to resign the standardized agreements. Two Massachusetts law enforcement agencies have already decided to halt their participation in the program, with one Massachusetts police chief explaining that "it doesn't benefit the Police Department to engage in deportation and immigration enforcement." ICE also presented Arizona Sheriff Joe Arpaio with a contract that "clips his wings" by stripping his agency of its authority to enforce immigration laws on the streets of Maricopa County, though ICE and the county's Board of Supervisors Chairman have yet to sign it. Arpaio -- who is currently facing a Department of Justice investigation into racial profiling allegations associated with his immigration enforcement activities, 2,700 lawsuits, a local budget shortfall, and an increase in unsolved violent crimes -- has defiantly pledged to continue his "immigrant crime sweeps," whether or not he is granted the federal authority to do so.
BABY STEPS: The entire U.S. immigration system is in desperate need of an overhaul, and DHS does not have the resources, expertise, or authority to undertake it alone. To begin with, the National Immigration Law Center points out that detention reform lacks teeth because it is not accompanied by legally enforceable standards. However, DHS claims that such "rule-making would be laborious, time- consuming and less flexible." Several immigration advocates also report that racial-profiling persists under the revamped 287(g) program. Last week, the Congressional Hispanic Caucus called on Obama to terminate the 287(g) program, indicating that "no amount of reforms, no matter how well-intentioned," will address the program's misuse. ICE's decision to start punishing employers who hire undocumented workers has also been criticized for devastating local businesses and leaving thousands unemployed. Most recently, ICE forced American Apparel -- one of the few American-made clothing manufacturers still left -- to lay off 1,800 employees. The Los Angeles Times points out that "throwing American Apparel's undocumented workers out on the street only replaces one problem with another." That is, the unemployed workers will likely be driven deeper into the "underground economy or into sweatshops, maybe into crime, maybe homelessness." The news comes just one year after American Apparel took its "Legalize LA" campaign for immigration reform national. Much like the position supported by the collective advocate, faith, and business communities, Legalize LA believes that the best way to fix the nation's immigration system is through a complete legislative overhaul undertaken by Congress that legalizes the millions of hardworking undocumented workers who are currently being targeted and abused in the various communities that they contribute to. It's a promising sign that DHS's U.S. Citizenship and Immigration Services is already planning ahead for the possibility of giving legal status to millions of undocumented immigrants.
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