BY MELISSA KEANEY, NATIONAL IMMIGRATION LAW CENTER

The misnamed Secure Communities program appears to be a nothing but smoke and mirrors—a federal program operating without adequate supervision or safeguards. The National Immigration Law Center (NILC) filed a Freedom of Information Act (FOIA) request seeking information on Immigration and Customs Enforcement’s (ICE) signature immigration enforcement program. The government documents NILC obtained show that ICE’s public statements about the Secure Communities program do not reflect what goes on behind closed doors.
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Although anti-immigrant campaign platforms might help win a primary in a state like Arizona, supporters of harsh immigrant enforcement measures must still address the resulting economic fall out. Last week, the Arizona Governor’s Task Force on Tourism and Economic Vitality hired HMA Public Relations, a Phoenix-based marketing communications and public relations firm, to the tune of $100,000 to “develop a series of needs and goals for Arizona tourism in light of the controversy created by SB 1070”—and, boy, do they have their work cut out for them. Similarly, cities like Fremont, Nebraska—where an anti-immigrant ordinance passed in June—are also being forced to run damage control. Fremont’s City Council is currently considering a property tax increase proposal to help shoulder the projected legal fees resulting from the city’s restrictive immigration ordinance.
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Last week, two separate branches of DHS released important evidence supporting the argument that our immigration laws are fundamentally broken. The Office of Immigration Statistics released its annual report on removal and return statistics, noting that removals in 2009 totaled 393,289—marking the seventh straight year of increase. Meanwhile, ICE released a memo directing legal counsel to review and terminate certain immigration court cases where the immigrant also had an application pending in front of USCIS. ICE estimates that approximately 17,000 people may benefit from this new policy. When you juxtapose the numbers, however—393,289 v. 17,000—it reminds you just how out of balance our immigration system has become.
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Today, both Democratic and Republican Florida state legislators joined leaders from the faith and civil rights communities in speaking out against proposed anti-immigrant legislation in Florida, calling the measure “sad,” “not right for Florida,” and “a violation of civil rights.” The bill, introduced this month by Florida Attorney General and gubernatorial candidate, Bill McCollum, goes beyond existing state law and would require law enforcement to check the immigration status of a suspected illegal immigrant when stopped during a violation. The bill, drafted with state Rep. Will Snyder, also allows judges to consider immigration status during bond setting and sentencing and requires Florida businesses to check their workers’ immigration status. McCollum’s immigration bill also requires immigrants to carry identification or face up to 20 days in jail. According to McCollum, Florida’s bill “offers more teeth” and goes “one step beyond” Arizona’s law, after which Florida’s bill was modeled.
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The Office of Immigration Statistics released data on immigration enforcement actions in FY 2009 (October 1 through September 30). The report finds that:

• The Department of Homeland Security (DHS) apprehended 613,003 foreign nationals, compared to 791,568 in FY2008 and 960,756 in FY2007.

• Mexican nationals made up the largest percentage of apprehensions (86%), followed by Guatemala, Honduras, El Salvador, China, Brazil, Ecuador, Dominican Republic, Cuba, and Nicaragua.

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Today, after months of political wagering from both Republicans and Democrats, the Senate unanimously passed a $600 million dollar bill marked for border security which is now headed to President Obama’s desk for signature. While the sequence of events leading to this most recent capitulation to the enforcement-first crowd is a little dizzying, the bill’s unanimous passage was partly a product of a bluff called on the Senate floor. Although the substance of the bill could have been much worse, the mere fact that the only major immigration legislation passed thus far in the 111th Congress was another border bill shows how far we are from treating immigration as a serious issue, rather than a political game.
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Today, Senators Chuck Schumer (D-NY) and Claire McCaskill (D-MO) released a Border Security Proposal which would provide $600 million in offset funding for various border security provisions. The bill was a counter to a different border security bill proposed by Republican Arizona Senators Jon Kyl and John McCain, which would have gleaned its funding from the 2009 economic stimulus.

The Schumer-McCaskill bill proposes $175.9 million for the hiring of additional Border Patrol agents on the southwest border, $50 million for additional Immigration and Customs Enforcement agents, $14 million for additional border fencing, $32 million for unmanned aerial vehicles, and funding for a number of other programs designed to secure the border and fight drug and gun smuggling.

Following the district court’s ruling enjoining the most controversial provisions of SB 1070 last week, some states are now deciding whether or not to move forward with their own version of Arizona’s immigration legislation—or are at least considering dumping the Arizona-style provisions that U.S. District Judge Susan Bolton temporarily halted. Currently, 22 states have introduced or are considering introducing similar legislation. State legislators are citing fear of costly lawsuits and a charged political environment in which restrictive immigration legislation might not pass as factors in their decision. The city of Fremont, Nebraska, for example, recently halted the enforcement of its enforcement legislation (which prohibits the hiring of or renting to undocumented immigrants) in the face of legal challenges from civil rights groups.
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Yesterday, Phoenix district court Judge Susan Bolton enjoined key provisions of Arizona’s controversial immigration law, SB1070. The judge recognized that the federal government has primary authority over making and enforcing immigration law, and that while states have limited authority in this arena, they cannot interfere with federal enforcement or undermine federal priorities. The decision acknowledges the complex nature of immigration law and the harmful consequences of local police attempting to make immigration determinations. The judge also recognized the serious strain that the Arizona law would place on federal resources, which would detract from the federal government’s ability to enforce immigration laws in other states and target resources toward serious criminals.
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Today, a federal judge will begin to hear arguments on Arizona law SB1070. One of the problems with SB1070 is that it places the federal government in an impossible situation. While the proponents of SB1070 say that Arizona will help ICE enforce immigration laws, the fact is that it would impinge upon ICE’s ability to fulfill its mandate, set enforcement priorities, and allocate resources effectively. SB1070 would inundate DHS with requests to determine the immigration status of individuals police have arrested for suspicion of being unlawfully present. If ICE determines that the individual is indeed unlawfully present, ICE would be expected to take custody of him/her and place him/her in deportation proceedings. Today, IPC released a new fact check on how Arizona’s new law interferes with federal enforcement priorities.
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