287(g)
The enforcement of immigration laws has engendered a great deal of controversy over the past several years. We acknowledge that there are no easy answers to the issues surrounding undocumented immigrants in our country. However, as an organization that works toward the elimination of racism and the empowerment of women, we do know that one component of a proposed law that relates to immigrants will have devastating consequences for the victims of domestic violence. In a January 23 article in the News Sentinel (Fries seeks extra arrest powers), Allen County Sheriff Ken Fries was quoted as seeing the need for more officers with the power to arrest persons on immigration law violations.
“Allen County Sheriff Ken Fries wants to give some of his officers extra arrest powers when it comes to enforcing immigration violations against certain immigrants here illegally. “Fries wants at least 10 of his officers - and possibly up to 20 - from both the traffic and confinement divisions to enter into a program dubbed 287(g) and conducted by U.S. Immigration and Customs Enforcement (ICE). The program would give those officers the power to arrest people for immigration violations if they are also charged with serious felonies or driving while intoxicated. “The arrest powers could be used only in those officers' normal course of duty, according to ICE regulations. Fries said it would apply to all illegal immigrants. According to Fries, he feels the program would be backed by anyone who was here legally, including immigrants. „“There's a right way to come here,” Fries said.‟
Several days after the News Sentinel article appeared, Fries met with leaders of the Hispanic community in Fort Wayne because they were troubled over his proposal and wanted answers to their questions. To quote the Journal Gazette of January 31, 2008:
“Sheriff Ken Fries met with several minority leaders this week after they asked to speak with him about their concerns. At least two of the handful of people who met with Fries on Tuesday seemed to leave with a greater comfort level with the proposed program. “The department applied late last fall to work with U.S. Immigration and Customs Enforcement officers to arrest illegal immigrants. But Fries won‟t know until this fall whether the department will be accepted and what the final agreement with immigration officials will be, he said. “About 20 specially trained sheriff‟s officers, including confinement staff at the jail, would work under an Immigration and Customs Enforcement supervisor to learn how to check immigration statuses and how to complete paperwork that goes to the federal agency, Fries said. “The immigration check would occur after someone is arrested on a felony charge or on a charge of operating a vehicle while intoxicated, which can be a misdemeanor or felony. Officers would not specifically hunt for undocumented residents, Fries said.
“Coordinating with Immigration and Customs Enforcement would remove undocumented criminals from the area and prevent them from becoming repeat offenders, he said. “Working with Immigration and Customs Enforcement won‟t cost the county anything except for the five weeks the officers would be gone for training. The county jail would have to house undocumented inmates until immigration officials would take them. Beds would be set aside for the program much as the jail reserves beds for federal courts and the state Department of Correction, Fries said. “According to the federal law enforcement agency, the program designates local officers to enforce federal immigration laws. More than 60 other communities have sought to participate in the program, known as 287(g), referring to a section of the Immigration and Nationality Act.”
In researching how this program would affect victims of domestic violence, we heard from Kerry Hyatt Blomquist, Legal Director of the Indiana Coalition Against Domestic Violence. Her thoughts: “…staying focused on the impact it could have on domestic violence victims, we are concerned that a victim won't want to call the police, since the police would be cross-deputized and could haul them in on federal immigration charges. All people in this country are entitled to protection of law enforcement. A victim of any crime should never be afraid to call 911. “An additional point is the legislature's human trafficking statute enacted 2 years ago. It was enlightened and humane; this statute really seems to contradict that in both spirit and letter. For example: what would the law enforcement officer do: help a victim of Human Trafficking with an I-914 form, or take him/her into custody because he or she is undocumented? They are asking the law enforcement officers to make a huge judgment call here, and its all dependant on which laws the officers choose to enforce.” The YWCA encourages you to follow information in the news media about this proposed use of law enforcement officials and to voice your concerns where appropriate.