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Immigration Attorneys Brace for the Next Two Years

Officials have reported that the federal immigration program titled Secure Communities will be implemented nationwide by 2013. This program has become a critical enforcement method and has been hailed by supporters for its ability to quickly identify the immigration status of those who have committed or been accused of committing crimes by having them undergo a fingerprint identification process using federal databases.

These same officials say the reliance on this technology reduces the possibility of human error and could cut down on accusations of discriminatory profiling by law enforcement. Yet arguments that paint Secure Communities as thoroughly good are not watertight mainly because the program has been sweeping up many immigrants whose criminal cases are dropped or who are convicted of minor charges that would normally not make them subject to deportation proceedings.

Republican Congressman Peter King, who will become chairman of the House of Representative’s Homeland Security Committee, has already been eyeing the U.S. Immigration and Customs Enforcement’s (“ICE”) Secure Communities program that allows local police departments and jails to identify those who are in violation of immigration law and flag them for deportation. The program, which was started under George W. Bush, has been greatly expanded by the Obama administration and is credited with helping make this past fiscal period a record year for deportations. Florida already has every county collaborating with the system, including the immigrant-packed Miami-Dade and Broward counties, while New York has also joined the program. Even though this enforcement method does not sit well with immigrant advocates and has raised the suspicions of many who support it, King wants to offer further incentives for local officials to use the program in furtherance of the goal of it becoming an initiative partaken on a national level.

Opponents of Secure Communities have called into question the initiative’s murky spots including the statistically proven fact that it creates fear in the community and encourages people’s distrust of local police enforcement, which may in turn deter them from reporting crimes, thus being a risk to public safety. When Congressman King was asked to comment on the widely accepted notion that an immigration overhaul is crucial, he said there should not be any push for reform until the country has a secure border and is willing to deport those who break the law; that goal, he said, is “at least several years off.”

Considering the news released from Washington that unveiled President Obama’s intent of postponing the immigration legislation reform until after 2013, the severely battered hopes of many are now diminished even further- at least for the time being. As we brace ourselves for the incoming Republican- controlled House of Representatives we will surely be thrown off balance in surprise if Congress manages to muster up any kind of immigration overhaul before the newly postponed date. For that reason, we shall not be expecting one during the coming two years but will surely welcome anyone with a reasonable proposition in mind.

The question still remains though: will Secure Communities be re-evaluated and revised so as to eliminate the program’s deficiencies before it becomes a national immigration enforcement tactic, or will it remain unchanged? On this and all immigration matters we will be sure to keep you posted.

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