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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Friday, September 23, 2011

Homeland's Screening Policy of Illegal Immigrants Flawed

USA Today reported that: A program that checks the immigration status of all people booked into local jails needs systemwide changes and may need to be suspended until its problems are worked out, according to a review conducted by the Department of Homeland Security's advisory council.

The program, called Secure Communities, allows Homeland Security to review the fingerprints of people arrested by state and local law enforcement agencies against federal immigration databases.

The program has been criticized because some people arrested for minor crimes, or on charges that are later dropped, are detained by Immigration and Customs Enforcement officials, sometimes resulting in deportation.

That runs contrary to Homeland Security's stated goals of concentrating on illegal immigrants who have committed serious crimes or pose a threat to national security.

"The apparent 'disconnect' between the Homeland Security documents describing a tight focus on dangerous criminal offenders and the actual operation of Secure Communities has led to criticism of the program and is a key reason for opposition to the program in a number of cities, counties and states," says the report, which was approved by the advisory council Thursday.

That opposition has resulted in distrust of local police, as victims and witnesses of crimes are now afraid to speak with police out of fear of being deported, the report found.

Since its inception in 2008, Secure Communities has been activated in half the nation's law enforcement jurisdictions, and it continues to grow, with the goal of nationwide activation by 2013. About half of the members of the task force that conducted the review for the advisory council suggested halting that expansion, or suspending the program entirely, until the problems are worked out.

Arturo Venegas was the first of five task force members to resign, saying the recommendations didn't go far enough and calling Homeland Security irresponsible for continuing to expand the program when so many problems are clearly apparent.

"If you have a computer with a virus, you don't connect 20 more computers to that computer," said Venegas, a former police chief in Sacramento.

The report suggested that Homeland Security better train its officials to focus on dangerous criminals, adopt more oversight to ensure those policies are being enforced and consider ignoring illegal immigrants booked into local jails for minor crimes and traffic offenses.

The report will be given to Homeland Security leadership, who then can adopt any or all of the recommendations although it is under no obligation to do so.

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