FOR IMMEDIATE RELEASE
December 21, 2012    

 

 

CONTACT

Angela Chan

Senior Staff Attorney
Asian Law Caucus

angelac@asianlawcaucus.org

(415) 848-7714

 

ICE Detainer Guidance Underscores Urgent Need for 

TRUST Act in California  

 

ICE Detainer Guidance Leaves Huge Gaps

 

SAN FRANCISCO - The Asian Law Caucus calls on Governor Brown to sign the TRUST Act (AB 4) in California in light of ICE's announcement of ICE detainer guidance today. The following is a statement from Angela Chan, Senior Staff Attorney at the Asian Law Caucus in response to ICE's announcement:

"The movement to pass the TRUST Act in California (along with local detainer reform in counties like Cook County, Il, and Santa Clara, CA) and the over 100 organizations involved in advocating for this statewide detainer reform is what has spurred today's announcement from ICE. On the surface, the detainer reform looks like a step in the right direction. But upon closer reading, it quickly becomes clear this reform is merely window dressing on a program that even ICE has had to admit is deeply problematic.

The newly released ICE detainer guidance underscores the urgent need for Governor Brown to sign the TRUST Act - first, to fill the large gaps left by the ICE detainer guidance and second, to codify a clear statewide standard. One large gap big enough to drive a truck through is that under this guidance, individuals with immigration issues, but not criminal convictions, can still be subject to an ICE hold and deported under Secure Communities (S-Comm), a program that is supposed to focus on individuals with criminal convictions. In addition, under the guidance, individuals charged with a felony, but who are innocent of those offenses or overcharged, will still be subject to ICE holds and deported. ICE needs to be reminded that they represented this program to congress and to states as a program that prioritizes identifying and deporting individuals with not only criminal convictions, but those with serious or violent convictions. This guidance appears to further fuel S-Comm's mission stray away from its original focused goals by deporting individuals who do not pose public safety concerns and undercutting due process.

If we've learned anything from the past four years of S-Comm, it is that ICE cannot be trusted to police themselves. We need to make sure that a state policy is passed to effect real change on the ground to address the harm that has been caused to community policing and government transparency, and to reverse the inhumane deportation practices that have torn apart American families and resulted in the record-making 409,849 deportations this past year."  

 

 

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The Asian Law Caucus was founded in 1972 as the nation's first legal and civil rights Asian American organization.   Recognizing that social, economic, political and racial inequalities continue to exist in the United States, ALC is committed to the pursuit of equality and justice for all sectors of our society, with a specific focus directed toward addressing the needs of low-income, immigrant and underserved Asian Americans and Pacific Islanders. The Asian Law Caucus is a member of the Asian American Center for Advancing Justice.

Visit: www.asianlawcaucus.org