DHS Recommends Adherence to Enforcement Priorities, Transparency & Systematic Exercise of Prosecutorial Discretion in Immigration Screening

by Kristen Pavón

In June, the Department of Homeland Security Secretary Janet Napolitano created a task force to address how Immigration and Customs Enforcement (ICE) could improve the Secure Communities Program, its joint immigration initiative with federal immigration authorities and state and local law enforcement agencies.

Last week, DHS approved the task force’s findings and recommendations report. Many of the findings do not come as a surprise. Regardless, here are a few of the major findings:

1. There is a lot of confusion about the Secure Communities Program, including its goals, how it works and each agency’s role in the program, among those who are charged with enforcing it.

2. Minor offenders and non-criminals have been arrested and deported as a result of the Secure Communities Program, which reveals a disconnect between the articulated focus of the program (dangerous offenders and individuals who pose a national security threat) and the on-the-ground enforcement of it.

3. Current civil rights violations/abuse complaint procedure are inadequate.

The task force made various recommendations, some are specific but most are general. Here are a few of the highlights:

1. Reaffirm the enforcement hierarchy, which at the top includes individuals who post a national security threat or a threat to public safety.

2. Streamline policies and training for consistency in the exercise of prosecutorial discretion, the understanding of the program and the enforcement of the program.

3. Monitor participating agencies more closely.

4. Ensure crime and  domestic violence victims are protected from unwarranted “immigration enforcement actions.”

5. Complaint processes should be meaningful, accessible and confidential.

Check out all the findings and recommendations here.

Thoughts?

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