Updated: Colorado May Limit Immigrants Targeted by “Secure Communities”

Colorado is set to become the first state to put significant limits on  Secure Communities, a program that shares local arrest data with federal immigration agents. Protection for domestic violence victims and new oversight measures appear alongside boilerplate language in a familiar ”memorandum of agreement” (MOA) that 35 other states have signed with Immigration and Customs Enforcement (ICE).

Deportation Nation reviewed the agreement that Colorado Governor Bill Ritter announced today.

“My office has worked closely with stakeholders and the federal government over the past few months to address Colorado-specific concerns and modify the standard Secure Communities agreement,” Ritter said in a statement. “This means increased reporting, additional data reviews and greater transparency and accountability to ensure Secure Communities is implemented in Colorado in a balanced, fair and effective manner.”

However, the new language in the MOA creates a new concern for advocates. Dozens of immigrant-rights groups had written letters to Ritter’s office in the lead up to his decision, including CIRC, the Asian Pacific American Bar Association, and the Colorado Women’s Bar Association, as well as the City of Durango.

Organizer Judith Marquez from Rights for All People called Ritter’s decision “irresponsible,” while David Felice, Chief of Police in Durango, continued to express concern that “Secure Communities may have a negative effect on public safety” without substantive modifications.

One of the provisions asked for by advocates was directed towards protecting victims of domestic violence. The “ICE Responsibilities” section includes a unique requirement for ICE to acknowledge a Colorado statute that police report the arrest of a “suspected illegal alien, except for domestic violence arrestees, in which case the required reporting is not required until the arrestee is convicted for a domestic violence offense.” [Emphasis added.] But advocates argue that the language does not spell out any level of protection for domestic violence victims.

“The [domestic violence] issue appears to be recognized, but not addressed,” added Chris Newman, Legal Programs Director for the National Day Laborer Organizing Network, who has been closely tracking the progress of negotiations in Colorado.

Another new requirement is that ICE provide the State Identification Bureau with quarterly statistics that track metrics such as the number of detainees who are identified through Secure Communities and then prosecuted criminally in federal court and/or deported. This could prompt other states to request ICE provide them with the same details.

The Denver Post reported that Gov. Ritter asked ICE to consent to four conditions in the agreement:

- That there be an exception for domestic violence cases to ensure cooperation with police from the immigrant community;

- That Secure Communities only be used for serious and high-level crimes;

- That there be reporting on the numbers of those deported and the costs of the program; and

- That local communities have a clear opt-out provision.

However, there is no clear “opt-out provision” in the proposed agreement reviewed by Deportation Nation, a provision demanded by advocates.

“The fact that this was not addressed is deeply concerning to us, and is an example of ICE’s continued recalcitrance in allowing local jurisdictions to make the decision about how best to protect their communities,” said Hans Meyer, policy coordinator for the Colorado Immigrant Rights Coalition (CIRC).

Several other modifications concerned advocates, Meyer told Deportation Nation. These modifications include removing nearly all language relating to the categorization of offenses to Levels 1, 2, and 3 from the goals section of the standard MOA as well as eliminating language by ICE that it will focus on those convicted of Level 1 offenses, after a conviction and sentence have been complete under Section V.

“In other words, not only is the focus on level 1 offenders explicitly removed, but an entire section – and indeed, all language discussing level prioritization – is completely gone,” Meyer said. “This is the antithesis of a narrowly-tailored program designed to focus on persons convicted only of dangerous criminal offenses.”

Gov. Ritter is set to leave office Jan. 11 to make way for Governor-elect John Hickenlooper, the former mayor of Denver who has expressed support for Secure Communities despite opposition from immigrant advocates.

“Our next steps are to bring the current administration to task for capitulating on this issue and call upon the incoming administration to rescind the MOA immediately,” Meyer said.

Last week, New York revised its agreement on Dec. 30., but immigrant advocates say its new emphasis on a “risk-based approach” failed to limit ICE’s ability to deport people who pose no threat to public safety. They say they plan to ask new Gov. Andrew Cuomo to rescind the agreement completely.

More than a dozen states have not agreed to participate since Secure Communities. ICE told Congress it plans to expand the program nationwide by 2013.

Watch for updated coverage from Deportation Nation as this story develops.

Comments
3 Responses to “Updated: Colorado May Limit Immigrants Targeted by “Secure Communities””
Trackbacks
Check out what others are saying...
  1. [...] at Deportation Nation, we reported that Colorado Governor Bill Ritter announced  Tuesday that the state would join the [...]

  2. [...] rapid spread includes the recent addition of Colorado and New York, two states that had cited concerns with ICE’s failure to use the program to [...]

  3. [...] the Executive Order issued by Gov. Ritter lacked specific language to protect domestic violence victims, a problem because many domestic violence victims fear that [...]



Leave A Comment