azimagery AZ Bike & Peace: Obama Admin Expands Law Enforcement Program 287(g), Criticized for Targeting Immigrants and Increasing Racial Profiling

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Obama Admin Expands Law Enforcement Program 287(g), Criticized for Targeting Immigrants and Increasing Racial Profiling

The Obama administration has expanded the controversial 287(g) program, which allows local law enforcement agencies to enter into agreements with Homeland Security’s Immigration and Customs Enforcement, or ICE, effectively giving local police the powers of federal immigration agents. The agreements have been widely criticized for increasing racial profiling and singling out immigrants for arrest without suspicion of crime. We speak to http://www.justicestrategies.org/ Aarti Shahani of Justice Strategies http://ofamerica.wordpress.com/ and Roberto Lovato of New America Media.

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AARTI SHAHANI: The 287(g) program is essentially the program that turns traffic cops and jail guards into deportation agents. 287(g) refers to a piece of law passed in 1996 under then-President Bill Clinton but turned into an all-out program to recruit law enforcement into the deportation agenda under the Bush administration. Our understanding, those of us who were watching Obama and had hopes in Obama, was that, under Obama, programs like 287(g) would be terminated, because they are driven off of a desire for racial profiling. Officers that want to be able to have the power to pick up Latinos, brown people, while driving, these are the self-selecting group of people that joined to 287(g). And unfortunately, two weeks ago,

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Napolitano gave us our first really blatant betrayal when she decided not only not to suspend 287(g), but to expand it around the country. Notably, she gave this program—she reinitiated the contract with Joe Arpaio of Maricopa County, Arizona. Mind you, Joe Arpaio is currently under federal investigation.

The Department of Justice, Eric Holder is investigating his use of the program. Meanwhile, Napolitano is going ahead and handing it off to him. Among the other participants that were recruited newly into the program—Arpaio is an old participant in it—a new recruit is, for example, Morristown, New Jersey, where the chief of police himself had no idea his own agency was being recruited into 287(g).

Last night, Morristown had a community meeting of 150 community members, where people—for example, a woman said, “Listen, imagine if you’re a victim of domestic violence. If we have this program in Morristown, New Jersey, how can you call the police? Because the police will come, they will deport your husband, even if you don’t want that, and they could even deport you.”

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This was a fear. There was another anecdote last night about a guy in Morristown, actually a white guy who loves bachata music. He was saying that “I was driving in my convertible the other day, top down, listening to my bachata. The police stopped me.” They don’t even have 287(g) yet. “The police stopped me and said in Spanish, ‘Give me your driver’s license.’ And they spoke worse Spanish than me, and I responded in Spanish, as a white guy, ‘I don’t even’—you know, I gave them the driver’s license, responded in Spanish, and it was so clear that they assumed that I was Latino, because I don’t have blue eyes, because I’m Italian American.”

And so, you can see that the places where this program is really coming up are places that want to do racial profiling. And Napolitano’s decision to go ahead and expand the program, I think, needs to be taken, as those—by those who are watching, as a real misstep. You know, there is right now, for example, even within the Democratic Party, people were pissed at her, in large part because Democrats that have been campaigning for a comprehensive immigration reform want to be able to trade off enforcement for legalization. And so, within the Democratic Party, there was some criticism that, strategically,

Napolitano is just handing off enforcement through things like 287(g) and E-Verify, rather than letting them being able to trade it off for legalization down the line. So there’s—on a lot of fronts, she’s disappointed a lot of people.

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AARTI SHAHANI: So, I mean, how it works is a great question, and it really seems to work different ways in different places. The fundamental thing about 287(g) is ICE is marketing it as a program that targets criminal illegal aliens, the worst of the worst. But there’s a baseline fact, which is that police already have the power to arrest people for crimes; that power rests in criminal law. And so, 287(g) comes in precisely when you lack reasonable suspicion of a crime, when you lack evidence, and when you’re trying to hold someone on a civil immigration detainer, because under a civil immigration detainer you don’t have the same constitutional protections as a regular criminal arrest.

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So 287(g) basically opens the gateway for sloppy policing. That’s why law enforcement officers like Joe Arpaio—I mean, Joe Arpaio has told me, you know, “287(g) takes the handcuffs off of law enforcement. That’s why we want it.” http://www.justicestrategies.org/Cost-Saving or Cost-Shifting: The Fiscal Impact of Prison Privatization in Arizona

The way that it’s worked in Maricopa County is through these, quote-unquote, “crime suppression sweeps,” where really what you have is the sheriff’s deputies and then a volunteer force that includes people that are white nationalists going around the city or going around the county, going into different areas in Mesa and rounding people up. That’s how it’s been working over there. http://www.justicestrategies.org/