Wednesday, October 14, 2009

ICE Forces Sheriff Joe to Sign Weakened 287(g) Agreement

A timely post from www.fair.us about the famous sherrif from Arizona!!

ICE Forces Sheriff Joe to Sign Weakened 287(g) Agreement
Last week, multiple media reports revealed that the Department of Homeland Security’s (DHS) Bureau of Immigration and Customs Enforcement (ICE) has forced Maricopa County, Arizona Sheriff Joe Arpaio to sign a weakened 287(g) agreement. (Examiner.com, October 7, 2009; CNN, October 8, 2009; The New York Times, October 6, 2009; and East Valley Tribune, October 6, 2009). 287(g) is the federal program that allows ICE to train state and local law enforcement agencies in the enforcement of federal immigration laws. The weakened 287(g) agreement that Sheriff Joe was forced to sign reflects changes to the program that the Obama Administration originally announced in July. (See FAIR’s Legislative Update, July 13, 2009).
On July 10, 2009, the Obama Administration announced its intention to disregard the legislative intent of 287(g) by requiring law enforcement agencies participating in the program to sign “standardized” Memoranda of Agreement (MOAs). These new MOAs force program participants to only use their 287(g) authority to enforce immigration laws against “criminal aliens.” This directly conflicts with Congress’ original intent for 287(g), which indicated that the program should be used as the state and local law enforcement agencies best saw fit. (Id.). Under the new 287(g) MOA that Arpaio has been forced to sign, the Maricopa County Sheriff’s Office (MCSO) will no longer be able to use its 287(g) authority to enforce immigration law against illegal aliens charged with traffic infractions and other “minor” violations. (East Valley Tribune). Instead, the MCSO will only retain the ability to enforce immigration law against illegal aliens booked into the local jail. (The New York Times).
At a press conference last week, Sheriff Arpaio stated his belief that DHS had revised the agreement to prevent him from carrying out his “’crime suppression operations,’ which are saturation patrols in designated areas where deputies would find illegal immigrants by stopping them for traffic infractions and minor violations.” However, Sheriff Arpaio noted that he will to be able to continue to conduct these operations under Arizona state human smuggling laws, as well as another federal law that allows local police to arrest illegal aliens. “Now I’m not under their control,” Sheriff Arpaio stated, referring to DHS. “Nothing changes; that’s the irony of all of this.” Arpaio also indicated that ICE had conducted an audit of the MCSO’s participation in 287(g), and that the audit had found “the working relationship between the sheriff’s office and ICE was good, and there were no deficiencies found after a review of case files.” (East Valley Tribune).
Recently, amnesty proponents who advocate against the enforcement of our immigration laws have stepped up their attacks on the 287(g) program. On August 25, more than 500 pro-amnesty groups signed a letter asking President Obama “to immediately terminate the 287(g) program.” (National Immigration Law Center, August 25, 2009). Just over a month later, Rep. Nydia Velazquez, chairwoman of the Congressional Hispanic Caucus (CHC), and Rep. Luis Gutierrez, chairman of the CHC’s “Immigration Task Force,” sent a similar letter to President Obama, asking him to terminate 287(g) and to “cease to establish further such agreements.” (Cyber Newscast Service, September 28, 2009).

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