Making Immigration Work - The Miami Herald
April 14, 2010
http://www.miamiherald.com/2010/04/14/1578178/making-immigration-work.html
 
MiamiHerald.com


For advocates of immigration reform, the first year of President Obama's tenure has been a huge disappointment. It made sense to tackle the economy and healthcare reform first, but the administration has no excuse for failing to change unfair and mean-spirited immigration programs under executive control.

Leading Democrats in Congress are signaling that they're ready to fight for a legislative overhaul of immigration. Great; go for it.

But meanwhile, there's nothing to stop the administration from doing a better job of implementing and enforcing laws already on the books.

The place to start is with the Department of Homeland Security's outsourcing program, known as 287(g), that allows local agencies to enforce immigration laws. Earlier this month, the department's own inspector general cited the program for poor performance.

The report found a host of problems, including a lack of proper training; insufficient oversight by Immigration and Customs Enforcement (ICE); evidence that officers often overstepped their authority; and an inconsistent application of standards among jurisdictions.

What's worse is that it promotes racial profiling, diverts scarce resources, and creates a deep mistrust of police departments in the barrios, precisely those neighborhoods where local law enforcement needs the cooperation of residents to stop real crime.

These are chronic problems that became more common as anti-immigrant fervor swept the country. A 2009 evaluation of 287(g) by the General Accountability Office was full of similar criticisms. Private organizations like the Washington-based Police Foundation have been equally critical.

Few actions could better serve to demonstrate Mr. Obama's sincerity as an immigration reformer than a decision to end the 287(g) program. He doesn't need Congress' permission.

The 287(g) program isn't the only problem at ICE. On the campaign trail in 2008, Mr. Obama was an outspoken foe of tactics that tore families apart in the name of immigration enforcement simply for the sake of pumping up detention and deportation numbers. Yet just weeks ago, The Washington Post reported that a key official in ICE had written a memo to do just that by setting detention quotas for agents. Although it was later disowned by the agency, the policies the memo outlined are indicative of a bureaucratic mindset at ICE that is little changed since Mr. Obama became president.

He promised that he would focus on smarter and more effective enforcement, not simply hyping the numbers, but some bureaucrats at ICE obviously haven't gotten the word.

The agency needs sweeping changes to eliminate what Human Rights Watch last year called a lack of ``basic fairness'' in the immigration system, including the practice of transfering undocumented immigrants in custody from one jail to another to make it hard for them to access legal counsel.

Creating more fairness in the immigration system is an objective that has eluded several presidents, but that should not preclude Mr. Obama from giving it his all.





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