Notes on "Secure Communities" in MoCo

Notes on problems with “Secure Communities” (SC) in Maryland
May 29, 2011
1. ICE officials have said the program is mandatory. But the MD MOA (signed by ICE) explicitly says "Either party, upon 30 days written notice to the other party, may terminate the MOA at any time.". (Doesn't sound very mandatory to me.)
2. The program is deceptive, bordering on fraudulent. It says it is concerned with "serious criminal offenses". It uses this phrase 9 times in the document. Nowhere does it say its purpose or focus is on those who have not been convicted of any crime. But as we have seen in Prince Georges county, approximately 2/3 of those detained under SC are in this group.
3. SC damages community policing and community cooperation with local police. When persons not convicted of anything are handed over to ICE, it has a chilling effect on those who hear about these incidents, and on their friends, families, and community.
4. It encourages racial profiling. Local police officers who are so inclined will be tempted to arrest people for trivial offenses (or no offense at all), or to temporarily detain in order to query the NCIC.
We have three recommendations for local law enforcement agencies who value the importance of community cooperation in fighting crime and protecting residents of our communities.
1. Notify ICE and honor their "holds" when a person is convicted of a serious criminal offense, and only when a person is so convicted.
2. Do not participate in SC or CAP or any other Federal program that can result in ICE detention of persons who have not been convicted of serious criminal offenses.
3. Hold for criminal ICE detainers, not for civil ones, when these are found by NCIC queries.