Secure Communities is a data-sharing program that relies on coordination between federal, state, and local law enforcement agencies.[1][2] The program was designed to "check the immigration status of every single person arrested by local police anywhere in the country".[3] As part of the program, fingerprints that are taken upon arrest, which are traditionally forwarded to the FBI, are then also forwarded to the Department of Homeland Security (DHS) . If these finger prints match the DHS's Automated Biometric Identification System (IDENT), then the ICE district office decides whether or not to issue a detainer request which can include requesting that the person be detained for up to 48 hours (I-247D), or a request for ICE to be notified upon their release (I-247N).[4][5]
Between July 2015 and January 2017, Secure Communities was replaced by the Priority Enforcement Program (PEP). The goal of PEP was to "target resources toward detaining and deporting individuals convicted of significant criminal offenses."[6][7]
On January 25, 2017 former President Donald Trump signed executive order 13768 re-instituting Secure Communities (see section 10), indicating that it would penalize jurisdictions that did not comply with the program, and re-expanded immigration enforcement priorities to include even those not convicted of serious criminal offenses.[8]
On January 20, 2021, President Joe Biden revoked EO 13768.[9]
Currently the ICE indicates that the web page ice.gov/secure-communities is "archived and not reflective of current practice"[10]
However, Secure Communities was primarily a data-sharing program, and biometric information of people arrested continues to be sent both to the FBI and to DHS to flag for potential immigration violations. This practice still continues, and is now described under an ICE page called "Criminal Apprehension Program."[11]
^ICE. Secure Communities: A Comprehensive Plan to Identify and Remove Criminal Aliens (Strategic Plan). July 21, 2009. Accessed at http://www.ice.gov/doclib/foia/secure_communities/securecommunitiesstrategicplan09.pdf on April 24, 2011.
^Kalhan, Anil (December 2013). "Immigration Policing and Federalism Through the Lens of Technology, Surveillance, and Privacy". Ohio State Law Journal. 74 (6): 1105. SSRN 2316327.
^Cox, Adam B.; Miles, Thomas J. (2013). "Policing Immigration Symposium: Immigration Law and Institutional Design". University of Chicago Law Review. 80 (1): 87–136 – via Hein Online.
^Immigrant Legal Resource Center (ILRC) (2022). "ICE Detainers: Advice and Strategies for Criminal Defense Counsel". Immigrant Legal Resource Center. Retrieved 2022-06-15.
^Hiroshi Motomura, Immigration Outside the Law (Oxford: Oxford University Press, 2014)
^Jácome, Elisa (March 2022). "The effect of immigration enforcement on crime reporting: Evidence from Dallas". Journal of Urban Economics. 128: 103395. doi:10.1016/j.jue.2021.103395. S2CID 244224628.
^"Executive Order: Enhancing Public Safety in the Interior of the United States – The White House". trumpwhitehouse.archives.gov. Retrieved 2022-06-16.
^"Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities". The White House. 2021-01-21. Retrieved 2022-06-16.
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