The Democrats group said they want DHS to end the 287 (g) program, which will allow DHS to enter into agreements with state and local law enforcement agencies that allow agents to do the work of ICE agents. The program existed before former President Donald Trump took office, but expanded under his administration as part of an effort to enlist more help from local and national authorities to expel more immigrants from the US illegally.
Lawmakers also asked the Biden administration to end a program initiated by the George W. Bush administration that would allow federal agents access to the fingerprints of individuals imprisoned by local and state authorities. The program, known as Secure Communities, was ended by former President Barack Obama in 2014, but was restarted by Trump through a 2017 executive order.
Furthermore, the group called on DHS to end the use of ICE detainers – requests to local law enforcement authorities to obtain information or detain a person for up to 48 hours after they would be released, giving ICE extra time to facilitate deportation.
“We respectfully urge you to end these programs and practices – and usher in a new era of a fairer and more hospitable immigration enforcement system, separate from local law enforcement agencies,” wrote the legislators.
The letter was endorsed by several progressive immigrant advocates, including the American Civil Liberties Union, the National Immigrant Justice Center, the Immigrant Legal Resource Center, and United We Dream.
Naureen Shah, senior advocate and policy adviser for the ACLU, said the problem with the local police working with ICE is the fear it creates in migrant families, which makes them less likely to report crimes. “It also means that immigrant workers and their families are afraid of being tested, vaccinated and treated for Covid-19 for fear of the local police,” Shah said.
So far, the Biden administration has not publicly weighed in on how exactly it will navigate the relationship between the DHS and state and local law enforcement, although Mayorkas is expected to promote more restraint from the agency when it comes to detention and deportations . Biden announced a 100-day moratorium on most deportations on his first day in office, though that measure has been temporarily blocked by a federal judge.
DHS also announced on the first day of its term that it would begin a review of policies and practices related to immigration enforcement. In a memo issued January 20, the then-acting DHS Sec. David Pekoske said the department’s temporary enforcement priorities in the field of immigration are to protect national security, border security and public safety.
Some immigrant advocates acknowledge that they don’t expect DHS to change its practices overnight, but the Democrats’ letter is part of a larger impetus that progressives and immigrant advocacy groups will be taking to move Biden to the left on how his administration covers the work of ICE.
On the other side of Capitol Hill, Republicans are starting to step up their criticism of the Biden administration’s immigration agenda. A group of 12 Senate Republicans, including Sens. John Thune (RS.D.) and Ted Cruz (R-Texas) on Thursday urged the Biden administration to reconsider its immigration agenda, given an increase in illegal border crossings.