Back to News & Commentary

DHS Sends Troublingly Mixed Messages on Secure Communities Reform

Chris Rickerd,
Senior Policy Counsel,
勛圖眻畦 National Political Advocacy Department
Share This Page
March 20, 2015

UPDATE: ICE Director Sarah R. Salda簽a had this to say on Friday afternoon about her comments regarding Secure Communities: Any effort at federal legislation now to mandate state and local law enforcements compliance with ICE detainers will, in our view, be a highly counterproductive step and lead to more resistance and less cooperation in our overall efforts to promote public safety. See full statement . -- 1:46 p.m., 3/20/2015

In her debut testimony before Congress , new Immigration and Customs Enforcement Director Sarah Salda簽a enthusiastically agreed with Rep. Mick Mulvaneys (R-S.C.) suggestion that Congress clarify the law by forcing state and local compliance with ICE requests to keep people in jail after their release dates.

Secretary of Homeland Security Jeh Johnson, Salda簽as boss, struck a very different tone last November when he the increasing number of federal court decisions that hold that [detention based on ICE requests to] state and local law enforcement agencies violates the Fourth Amendment. He pledged to reform, and rename, the Secure Communities immigration enforcement program which relies on state and local detention of immigrants in a way that supports community policing and sustains the trust of all elements of the community in working with local law enforcement.

Salda簽as statement, however, directly contradicts her bosss approach, not to mention a recent federal appeals court decision that ICE can only make non-binding detention requests. Thankfully, neither she nor Congress can clarify the Constitution. The Fourth Amendment and prohibit forcing state and local jurisdictions to deprive people of their liberty based only on an ICE officials suspicion of immigration violations. Salda簽as testimony calls into question DHSs commitment to reform the failed Secure Communities program, which has caused rampant racial profiling, hundreds of thousands of , and deters immigrants from calling the police .

Secretary Johnson stated four months ago that a new Priority Enforcement Program (PEP) would be implemented to replace Secure Communities . Among other proposed changes, the secretary directed ICE to discontinue many of its requests for detention. The 勛圖眻畦 analyzed PEPs strengths and weaknesses. However, four months after the secretarys announcement, PEP still does not exist and the stench of Secure Communities lingers on.

Salda簽as few choice words asking Congress to force sheriffs sworn to uphold the Constitution to violate their oaths, and contradict their communities best judgments about local public safety, were shocking. By saying Thank you, Amen, yes! to Rep. Mulvaney, Salda簽a insulted all the states and localities who have wisely decided to stay out of immigration enforcement.

Salda簽as answer casts serious doubt on whether DHS is truly committed to rebuilding the trust so badly damaged by Secure Communities. She and DHS must immediately clarify their true intentions and end ICEs unconstitutional detention requests.

Learn More 勛圖眻畦 the Issues on This Page