ImmigrationDHS suspends expansion of Secure Communities in Alabama

Published 22 February 2012

Due to ongoing federal litigation against Alabama’s tough new immigration laws, DHS has halted the expansion of the Secure Communities immigration program in the state; the law has been tied up in legal battles, and a federal appeals court has already blocked portions of it

Secure Communities enrollment halted in Alabama pending litigation // Source: ct.com

Due to ongoing federal litigation against Alabama’s controversial tough new immigration laws, DHS has halted the expansion of the Secure Communities immigration program in the state.

Speaking before the House Homeland Security Committee last week about DHS’ latest budget request, Secretary Janet Napolitano told lawmakersthat Immigration and Customs Enforcement (ICE) already has three quarters of the state covered under the program, “but given the pendency of the litigation, we decided to just hold off on the remaining quarter.”

The contentious Alabama immigration law passed last June includes several strict measures such as requiring schools to check the immigration status of students, prohibiting illegal immigrants from doing business with the state, and barring individuals and organizations from willingly aiding illegal immigrants.

The law has created many unintended consequences like labor shortages in certain industries and slowing down the pace of routine government business as all individuals must prove that they are citizens. The law has been tied up in legal battles, and a federal appeals court has already blocked portions of it.

In Arizona and Georgia, which have similarly strict laws in place, ICE has already activated the Secure Communities program. Napolitano explained that the program came online before court challenges against those states’ immigration laws began.

The DHS Secretary was careful to note that her department still plans to complete its nationwide rollout of the controversial immigration program by 1 October.

 Under Secure Communities, local law enforcement officials will automatically share the fingerprint data of detained individuals with the FBI and DHS to determine their immigration status. The goal of the program is to identify and deport dangerous illegal immigrants, but critics argue that it hasbeen used as a tool to deport ordinary law-abiding immigrants and minor offenders, despite its stated goals. Local law enforcement officials have also stated that the program has strained ties with local immigrant communities.

Several states including California, Massachusetts, and Illinois have attempted to opt out of the program, but earlier this year DHS declared that Secure Communities would become a mandatory program and that all states must join by fiscal year 2013.

According to DHS’ fiscal year 2013 budget justification, the system has been deployed to 89 percent of jurisdictions.