Cuomo Suspends NY's Role In Federal Immigration Tracking Program

Yesterday, Governor Andrew Cuomo announced that New York's participation in the federal government's immigration checking initiative, Secure Communities, is making many immigrants' rights advocates very happy. While the program is supposed to "quickly and accurately identify aliens who are arrested for a crime and booked into local law enforcement custody," a statement from Cuomo's office said, "Based on evidence to date, it appears the program in New York is failing in this regard and is actually undermining law enforcement." Cuomo added, "There are concerns about the implementation of the program as well as its impact on families, immigrant communities and law enforcement in New York."

NY state is the second (Illinois is the first) to make such a move. The Wall Street Journal explains, "Secure Communities began in 2008, when President George W. Bush was in office, and the Obama administration has made it central to immigration enforcement. ICE, a unit of the Department of Homeland Security, has stated that the national goal is to have it in place in every U.S. jurisdiction by 2013."

The NY Times reports, "The practical effects of Mr. Cuomo’s decision are unclear. New York law enforcement agencies regularly check fingerprints with the Federal Bureau of Investigation. Homeland Security officials said that regardless of New York’s participation in Secure Communities, the F.B.I. would still share fingerprints with the immigration agency. Federal officials said that if states did not share fingerprints with the F.B.I., those states would lose access to federal criminal databases, undermining their ability to fight crime." However, Mizue Aizeki of the Northern Manhattan Coalition for Immigrant Rights said, "The program acts like a deportation dragnet. There is just no way to fix it because it puts people into deportation proceedings without due process and puts communities at risk of racial profiling. The governor’s office took seriously these issues.”

The NYCLU's Donna Lieberman said, "It’s a proud moment for this governor, who bucked federal authorities to stand up for basic values against fear mongering and pandering that are at the core of this program. This happened because the program was not what it was cracked up to be and because of the diligent efforts of a whole range of advocates." Make the Road NY, the immigrant advocacy group, issued a statement from former Manhattan DA Robert Morgenthau:

"I strongly support Governor Andrew M. Cuomo's courageous decision to suspend New York's participation in Secure Communities pending a review of the program. I have long been concerned about the issues that arise when local police indiscriminately share information with federal immigration authorities. Specifically, cooperation with federal immigration officials creates a lack of trust in law enforcement among the public. This makes it hard for police and prosecutors to do their jobs because immigrants become reluctant to report crimes or cooperate with investigations. That is why, during the 35 years I was district attorney in Manhattan, my policy was to never share the names of individuals involved with the criminal justice system to immigration authorities until after they were convicted of a serious crime. Programs like Secure Communities, which require automatic immigration database checks for people arrested by local police upon booking, magnify the problems I tried so hard to avoid."

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jen Chung in News on June 2, 2011 5:30 PM

Comments [rss]

randomtransplant

Gracias, Andy C.

Danke.

tsol

Cuomo Suspends Rule of Law in NY.

randomtransplant

Cuomo asks that Federal investigations not be opened up for simple guilt by association.

Next thing you know, they'll audit you for tipping the delivery guy. Throw your prints through the same wringer.

Politburo

In a sense, it could be argued that Cuomo is restoring the rule of law.

After all, Secure Communities has no enabling legislation, nor have any regulations been promulgated to govern the program.

jaycjay

Yeah, if by "rule of law" you mean some law that says that the federal government has overriding authority over the every aspect of life in the individual states. That kind of leaves me a bit confused over where you stand on the overall political scene, though. Some kind of fascist, I guess?

My conservative point of view has me wanting federal authority to be more limited, I guess, than what your view does. My local law enforcement authorities, in my view, shouldn't have to answer to the feds.

Rule of law? Here's my law: Washington, leave us alone. Remember when that used to be a Republican party principle: that federal government authority should have limits?

randomtransplant

Big Brother is fine - just as long as he picks on someone else.

Guest

When pick up trucks pull up to a street corner and hire undocumented workers to work for the day running IBM, you can bitch that they're taking our jerbs. Otherwise, fuck off - human beings are not illegal.

They cook for us, the clean for us, they mow our lawns and do all the shit work we don't want to do and it is the height of immorality that we demand they be invisible to us.

randomtransplant

Speaking of IBM, they also code software so we'll never never have to worry about those tasks again for us. Either as American degree holders or out-sourced somewhere far, far away we don't collect taxes.

AZXyb

Referencing the Secure Communities program, Mizue Aizeki of the Northern Manhattan Coalition for Immigrant Rights claimed, "There is just no way to fix it because it puts people into deportation proceedings without due process and puts communities at risk of racial profiling." It seems that Aizeki needs to learn more about our legal processes here in the US. Having one's fingerprints sent via SecCom to the FBI and on to ICE does not automatically put one in deportation proceedings. Not even having one's prints flagged puts one in deportation proceedings. If one's prints are flagged, ICE determines if they want to put a detainer on the person. They may or may not begin deportation proceedings. But if deportation proceedings are initiated, ICE does not make any determination as to anyone's deportation. Due process kicks in when one has the opportunity to contest the government's accusation by pleading one's case before a judge, who will make the determination about whether or not one will actually be deported. No one is denied due process. Aizeki doesn't seem to understand what due process is. We don't give people a hearing to see if the cops can arrest a person. Due processes attaches when one is formally accused of violating a law and one contests the accusation and is given the opportunity to present one's case before a judge or magistrate who will render a verdict or instruct a jury on doing so. How can someone that ignorant be an official in a "rights" organization?

It is not surprising, however, that Aizeki chucks in the old "racial profiling" accusation. What would any program for the enforcement of immigration laws be without the reflex "racial profiling" accusation? This clown is just parroting stock phrases without any comprehension of their meaning. How does SecCom engage in racial profiling if it runs the fingerprints of *everyone* arrested? Sheer ignorance!

Cuomo has no excuses, though. He is setting an example for lawlessness in the name of lawless people. As a lawyer, he has to be aware that EVERYONE who is unlawfully present in this country is subject to deportation, and no one gets to opt out of any federal enforcement program. How many of us get to "opt out" of a government program we don't like -- like the IRS, for example? Cuomo is serving the interests of foreign nationals and foreign powers. That should never escape the notice of American citizens. May you reap what you sow, Mr. Cuomo! And if Obama had true presidential character, he would smack down these scofflaws in a heartbeat, even though we all know that fingerprints will continue to be sent, no matter what the slimy politicians say. A US president must not allow federal programs to be seen as subordinate to the wishes of a state politician, nor must federal law be influenced by people who are not Americans.

randomtransplant

"ICE does not make any determination as to anyone's deportation. Due process kicks in"

You got a funny definition of due process. Going on trial for living the life you've already been living because of guilt by association isn't due process.

Loosing the right to work without a jury because of a civil violation isn't due process.