Secure Communities: Rights and Liberties Protection

Civil Rights and Liberties

Secure Communities reduces opportunities for racial or ethnic profiling because all people booked into jails are fingerprinted. U.S. Immigration and Customs Enforcement (ICE) and DHS' Office for Civil Rights and Civil Liberties (CRCL) are currently implementing additional safeguards to further protect the program from those who may seek to use it improperly.

Several initiatives to achieve these goals are underway:

·                             In order to identify jurisdictions that may be making improper arrests that could result in identification of aliens through Secure Communities, ICE and CRCL have retained a leading statistician who is examining data for each jurisdiction where Secure Communities is activated, comparing data for aliens identified by the program to relevant arrest-rate data, and identifying any indications of racial profiling. Statistical outliers will be subject to an in-depth analysis. This analysis will take place four times per year to ensure consistent monitoring, and the assessments will be shared quarterly with the Department of Justice. Statistical outliers in local jurisdictions will be subject to an in-depth analysis and DHS and ICE will take appropriate steps to resolve any issues.

·                             To prevent and address possible abuses of Secure Communities, ICE and CRCL are working together to develop a new training program for state and local law enforcement agencies in jurisdictions where Secure Communities is activated. These training materials are designed to reduce confusion regarding Secure Communities and help ensure that the program is not misused.

·                             ICE has revised the detainer from ICE submits to local jurisdictions to emphasize the longstanding guidance that state and local authorities are not to detain an individual for more than 48 hours. The form also requires local law enforcement to provide arrestees with a copy, which has a number to call if they believe their civil rights have been violated.

·                             DHS and ICE take allegations of racial profiling and other complaints relating to civil rights and civil liberties violations very seriously. Formal allegations are referred to CRCL, which is tasked with guarding against violations in DHS programs. CRCL notifies the Department of Justice, which has jurisdiction to investigate violations of civil rights by state and local officers of all investigations undertaken. ICE fully supports all Department of Justice or CRCL investigations, including by taking action to ensure witnesses and complainants are able to remain in the United States.