Insecure Communities: Examining Local Government Participation in U.S. Immigration and Customs Enforcement’s “Secure Communities” Program

Rachel R. Ray, UC Davis School of Law

Abstract

Suffering global economies, war, ethnic and racial tensions, natural disasters, and other exigencies have led to a steady stream of immigrants to the United States. They seek jobs, refuge, asylum, and better opportunities. In fiscal year 2010, the United States Immigration and Customs Enforcement (“ICE”) removed a record-setting 392,000 undocumented immigrants, half of which were convicted criminals. Yet, a careful look behind this impressive number would undoubtedly reveal families torn apart by the removals of undocumented spouses, parents, siblings, and children convicted only of non-violent crimes, traffic violations, or other minor infractions. ICE’s own data shows that 79% of people deported through its “Secure Communities” (“S-Comm”) program are non-criminals, or were detained for lower level offenses such as traffic violations. Try as it might, the United States Government has not yet found a successful way to deter illegal immigration, nor has it developed satisfactory immigration reform. S-Comm is just one of many initiatives designed to identify and deport people in the U.S. without legal permission, specifically those convicted of crimes.

This Article considers ICE’s S-Comm program, options for local law enforcement agencies and local governments to resist complying with it, and way to implement the program less stringently in cases involving non-criminal undocumented immigrants. In this consideration, this Article explores the potential and actual problems that arise with S-Comm, as well as the legal framework for local enforcement of federal immigration laws. This Article includes specific examples of immigration enforcement and non-compliance in several counties in California, including Los Angeles, Santa Clara, and San Francisco. Finally, this Article suggests improvements the Federal Government should make to S-Comm to ensure that the program is just and constitutional.