Secretary Napolitano Announces New 287(g) Agreement

On July 10, 2009, Secretary of Homeland Security Janet Napolitano announced that the Immigration and Customs Enforcement (ICE) has standardized the Memorandum of Agreement (MOA) used to enter into 297(g) partnerships.  The new MOA aligns 287(g) local operations with the main ICE enforcement priorities of this administration – specifically, the identification and removal of criminal aliens who are a threat to our communities.  The new agreement also requires that participating local law enforcement agencies pursue all criminal charges that originally caused the offender to be taken into custody.  This is to prohibit arrest on minor charges simply to initiate removal proceedings.

Additionally, the new MOA defines the objectives of the 287(g) program, outlines the immigration enforcement authorities granted by the agreement and provides guidelines for ICE’s supervision of local agency officer operations, information reporting and tracking, complaint procedures and implementation measures.

DHS and ICE will begin working with their current 287(g) partner agencies to re-sign the standardized agreements.  Ultimately, only those agencies with newly signed agreements will be permitted to continue enforcing immigration law.  A “sunset clause” will keep the MOA in effect for three years from the date of signing unless terminated by either party.

NAPO is consulting with other associations and agencies that participate in and support the 287(g) program about the changes made to the overall mission of the program.  While NAPO agrees that it should be a priority for ICE to identify dangerous criminal aliens and prioritize the deportation of aliens convicted of crimes, we do not believe that singling out jails, prisons and correctional institutions for 287(g) agreements is the best way to support state and local law enforcement in tackling the immigration issues in their communities.  Prior to the new MOA, the 287(g) program granted state and local officers the necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, and gang and drug activity.  These investigations are essential to keeping our nation’s communities safe by getting dangerous criminal aliens off of our streets.  NAPO believes this aspect should be as much of a priority for ICE as the identification and deportation of these criminal aliens.

NAPO President Tom Nee appointed to Homeland Security Advisory Council

Secretary of Homeland Security Janet Napolitano has appointed NAPO President Tom Nee to the Homeland Security Advisory Council (HSAC).  Comprised of experts from state, local and tribal governments, emergency and first responder communities, academia and the private sector, HSAC provides recommendations and advice directly to Secretary Napolitano.  Tom Nee is the only active rank and file law enforcement officer on the Council.  HSAC is chaired by former CIA and FBI Director Judge William Webster.

Strong Immigration Enforcement Bill to be introduced In House

Before Congress adjourns for August recess, Congressman Heath Shuler (D-TN) will be introducing the “SAVE Act of 2009,” a bill that will ensure that state and local law enforcement are properly supported, trained, and equipped to secure and protect our nation’s borders.

The “SAVE Act of 2009” recognizes that increasingly important role state and local law enforcement play in thwarting illegal immigration and related criminal activity.  The bill provides a necessary boost in federal support of state and local immigration enforcement efforts through the hiring of additional Border Patrol Agents and Criminal Alien Program officers, and the expansion of federal training programs for state and local law enforcement officers.  Additionally, the legislation establishes a Border Relief Grant Program, which would aid state and local law enforcement in their fight against crime along the borders by assisting agencies in the hiring, training, and retention of additional officers to take on immigration enforcement duties.  These additional federal resources would help state and local law enforcement better cooperate and assist the Immigration and Customs Enforcement in keeping our nation’s borders and communities secure.

NAPO supports the “SAVE Act of 2009” and has been working closely with Congressman Shuler and his staff to ensure that the legislation helps meet the needs of law enforcement agencies, particularly those along the Southwest Border, as they fight to keep our communities safe.  This legislation is especially important in light of the change in policy for the ICE 287(g) program.

LEGISLATION INTRODUCED IN SENATE TO ENSURE IMPLEMENATION OF THE REAL ID ACT IN ALL 50 STATES

On June 16, 2009, Senator Daniel Akaka (D-HI) introduced the “Providing for Additional Security in States’ Identification (PASS ID) Act of 2009,” S.1261.  This legislation would amend the REAL ID Act to ensure its implementation in all fifty states and enhance the security and integrity of state-issued driver’s licenses and identification cards.

In the post-9/11 world, the federal government and every state should do all it can to secure the integrity of identification documents.  The “PASS ID Act” will fulfill the 9/11 Commission recommendation that the “federal government set standards for sources of identification”.  Furthermore, it will facilitate the participation of all states in complying with the minimum security standards set by this Act.  NAPO believes this will greatly assist law enforcement officers by enhancing the security and integrity of all licenses and identification cards that officers are routinely presented with during the course of their duties.

NAPO ONCE AGAIN SUCCESSFUL IN U.S. SUPREME COURT CASE

NAPO was successful in its arguments to the United States Supreme Court in a case of national significance for public safety personnel.  On Monday, June 29, 2009, the Court handed down its long-awaited decision in Ricci v. City of New Haven (Case Numbers 07-1428 and 08-328).  This case has been referred to in the media as the “New Haven firefighters case.”

The issue before the Court was whether the City of New Haven could throw out the results of a previously validated promotional exam based on the skin color of the highest scoring exam takers.  NAPO, in an amicus curiae brief to the Court, argued that several important reasons should prohibit public safety employers from throwing our promotional results based on skin color.  First, the morale of public safety agencies would suffer if employers were allowed to act in this fashion.  Second, the ability of law enforcement and fire personnel to rely on their best-qualified colleagues (regardless of color) to “watch their back” or save them from a fire or criminal attack would suffer.  And, third, the public safety in general would be put at unnecessary risk if agencies were allowed to refuse promotional to the most qualified applicants because of those applicants’ skin colors.  The U.S. Supreme Court agreed with NAPO’s arguments, and reversed a lower court’s holding that allowed the City of New haven to act in this manner.

Of note, NAPO was the only national law enforcement organization allowed by the Court to participate in this case.