Will California opt out of Secure Communities, and can it?

Art by José Luís Agapito/Flickr (Creative Commons)

The California Assembly passed a bill 43-22 today that challenges the embattled federal immigration enforcement program known as Secure Communities. If the bill becomes law, it would allow the state to renegotiate its contract with the Homeland Security department, allowing local jurisdictions to opt out of what is now a mandatory fingerprint-sharing program. The state could choose to opt out altogether as well.

The bill, which now goes on to the senate, has been dubbed the Transparency and Responsibility Using State Tools Act, or “TRUST Act.”

The text of the California bill was posted on Multi-American late last month. Shortly afterward, the governor of Illinois announced plans to withdraw the state from the program. His decision was challenged by Department of Homeland Security officials, who said the department would not allow Illinois law enforcement to opt out of sharing information with immigration authorities.

If the California bill passes and the state moves to opt out of or modify its participation in Secure Communities, can it?

The program’s implementation in California was guided by a “memorandum of understanding,” or MOA, between Homeland Security and the California Department of Justice dated January 23, 2009. In the section titled “Modifications and Termination,” the document reads:

This MOA may be modified at any time by mutual written consent of both parties.

This MOA may remain in effect from the date of signing until it is terminated by either party. Either party, upon written or oral notice to the other party, may terminate the MOA at any time. A termination notice shall be delivered personally or by certified or registered mail and termination shall take effect 30 days after receipt of such notice.

The same section of the Homeland Security MOA with Illinois State Police, available online along with other Secure Communities documents, has the same wording.

Secure Communities allows for the fingerprints of people booked into local jails to be checked against the Homeland Security department’s immigration records. If there is a match, immigration authorities are notified. Some jurisdictions, including San Francisco, have tried to opt out without success. Critics say the program alienates immigrant communities and potentially impedes policing; immigrant advocates have pointed out that while the program is intended to find deportable criminals, it nets many people without criminal records, who are deported.

After Homeland Security’s reaction to the Illinois decision, The San Francisco Bay Guardian published a series of opinions on Secure Communities from legal scholars, among them Bill Ong Hing, a law professor at the University of San Francisco who is critical of the program. Ong Hing noted the MOA language: “The implication of this provision is clear: the terms of the MOA are negotiable,” he said.

  • Anonymous

    A VICTORY FOR ALL JOBLESS AMERICANS

    The American people finally have their interests recognized,
    by the Supreme Court of the land, asserting that Arizona’s federal mandatory
    E-Verify was upheld. Today it’s a major accomplishments for the American workers and a
    killing stroke to the US Chamber of Commerce and an attempt by the Department
    of Justice to protect illegal aliens in the workplace. This will strengthen ATTRITION BY ENFORCEMENT in every business and control penalties with
    businesses that don’t comply. It gives all states the right to implement and
    mandate the E-Verify program and open the door to hefty fines, loss of
    business licenses, assets and the risk of prison.

    Other states will now
    follow the example of Arizona and those who don’t, will be in the forefront of
    mass evacuations from these hard policing states to states as the Sanctuary
    State of California, Nevada and Utah. In a 5-3 victory the justices, repudiated
    the pro-illegal politicians, Governors, Mayors and lower ranks of leftist and
    Rino Republicans. Of course the Liberal judges didn’t go along with this decision, which is to be expected? 

    ONE
    QUESTION THAT MUST BE ASKED, CAN ILLEGAL WORKERS USE A ITIN NUMBER
    INSTEAD OF A SOCIAL SECURITY NUMBER WITH OTHER DOCUMENTS? WILL THE
    ITIN  NUMBER BE ACCEPTABLE AS E-VERIFY IDENTIFICATION, AS THE US
    GOVERNMENT KNOWS ILLEGAL ALIENS CAN USE THIS NUMBER AS THE IRS SUPPLIES
    IT?

    Nothing will do more, including the fence, to reverse
    future illegal immigration occupation and accelerate the departure of the
    current 20 million illegal populations than taking away the job attraction. This is
    a significant win as other States following Arizona’s lead, could have been crushed
    if the verdict had gone the alternative route. The American workers now have
    the impetus, to push the Congress and with the help of the monolithic
    Tea Party to mandate E-Verify nationwide.  This will mean the
    propagation of E-Verify, with audits on all manner of business, including
    contractors and sub-contractors in every occupation. American labor must unite
    to uncover unscrupulous companies from large to small, who are using discount
    services. More and more patriotic Citizens and residents are joining other
    “Whistle Blowers” in contacting ICE and local police, of illegal
    aliens working in construction, manufacturing and thousands of other
    industries. 

    Another issue that many states see as a major peril to our sovereignty
    rights is illegal aliens using the absentee ballot system to vote in elections.
    New York, Colorado, New Jersey, Texas are being investigated by state Attorney
    General commissions. Acorn is still a major player and although dissolved on
    paper, is still involved in the registration racket. There are occurrences in
    California and Nevada of manipulation of voter rolls.

    Can any American citizen or green card holder imagine what this country was
    like thirty years ago, before the illegal immigrant invasion? How many hundreds
    of billions of dollars, perhaps even a Trillion in three decades? Fewer illegal
    aliens meant fewer taxes to support the huge support mechanism that we have
    today? An example would be California, was a less congested place, where there
    was room to breathe? Just think were those taxes to subsidize illegal
    immigrants today could be highly beneficial, if it was spent on our own population.
    Education, for instance is forced on us, by a federal court that we must
    pay the schooling for every child of illegal immigrants. Then we have health
    care that the courts say, that anybody who breaks the law to come here is
    entitled to treatment. Remember in1912 the Titanic sunk, but not because of the
    iceberg above the Atlantic Ocean, but what was ominously concealed beneath the
    surface?  

    This is the same story with illegal immigration and the failure
    to place, 5000 “boots on ground. “of the each border States Nation
    Guardsman permanently?   I was astounded to read a “Wikileaks”
    secret document, that the border is intentionally left open for the clandestine
    arrangement to merge Canada, Mexico and the United States. You have a chance to
    read these reports at Wikileaks website, under the headline, “Viewing
    cable 05OTTAWA268, PLACING A NEW NORTH AMERICAN INITIATIVE.” This is a
    serious situation concocted by the Canadian Paul CELLUCCI and American Ambassador,
    which seems to never have been observed by Congress.

    From both parties are hundreds of thousands, tens of millions finding that
    the TEA PARTY, doesn’t discriminate against race or religion. That these people
    are delusion by the Liberals, democrats and Republicans, that are not doing
    enough to stop the in-sourcing of illegal immigrants or outsourcing of jobs to
    foreign countries. Cafta and Nafta was a massive mistake as the whole “FREE
    TRADE AGEEMENTS” have been detrimental to our society. We are importing
    everything from a nail file to steel, at far below the cost of doing business
    here? Once a lender of billions of dollars, we must now go cap in hand to
    Communist China, that owns our debts. We are the greatest market in the world,
    but our commerce is undercut by artificially engineering their currencies. The
    only winners in this commercial game are the importers of inferior products,
    who are profiting.  

    As Billionaire Donald
    Trump we should place a 25 % import tax on everything coming to our country,
    and begin to rebuild our manufacturing industries again.  An intentional failure of every administration
    to secure our borders or enact laws that would obstruct foreign national at the
    border, or a tracking system to deport visa overstays. E-Verify will eradicate
    this problem of the issuance of a Secure Communities law, to enforce that every
    police department fingerprint and send those scans to ICE. If you want less
    government, a fair Tax system, individual responsibility and the return of federal
    excessive power to the states, join the Tea Party in your local area. Tell your Federal, State or local
    lawmaker, unless they join the TEA PARTY, they will be out of office in 2012.

    Contact
    them at Senate—202-224–3121/ House—202-225–3121.

    NO
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