The group of Democrats said it wants to see DHS end program 287 (g), which allows DHS to enter into agreements with state and local police departments that allow officers to do the work of ICE officers. The program existed before former President Donald Trump took office, but it was expanded under his administration as part of an effort to enlist more help from local and state officials to illegally expel more immigrants in the U.S.
Lawmakers also called on the Biden government to end a program initiated by the George W. Bush administration that gave federal agents access to the fingerprints of individuals placed in prison by state and local authorities. The program, known as Safe Communities, was terminated by former President Barack Obama in 2014, but restarted by Trump through a 2017 executive order.
In addition, the group asked DHS to end the use of ICE holders – requests issued to local law enforcement agencies for information or to arrest an individual for up to 48 hours after their release, providing ICE with extra time to facilitate deportation.
“We respectfully encourage you to end these programs and practices – and launch a new era of a more just and welcoming immigration system, separate from local law enforcement agencies,” wrote lawmakers.
The letter was endorsed by several progressive and immigrant advocacy groups, 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 political advisor to the ACLU, said the problem with the local police who work with ICE is the fear it creates in migrant families, making it less likely to report crimes. “It also means that immigrant workers and their families are afraid to get tested, vaccinated and treat Covid-19 for fear of the local police,” said Shah.
So far, the Biden government has not publicly weighed how exactly it will navigate the relationship between DHS and state and local authorities, although Mayorkas is expected to promote more moderation by the agency when it comes to arrests and deportations. Biden announced on his first day in office a 100-day moratorium on most deportations, although that measure was temporarily blocked by a federal judge.
DHS also announced on Biden’s first day in office that he would begin a review of immigration policies and practices. In a memorandum issued on January 20, DHS acting secretary David Pekoske said the department’s temporary immigration oversight priorities are protecting national security, border security and public security.
Some immigrant advocates recognize that they do not expect DHS to change their practices overnight, but the Democrats’ letter is part of a bigger push that progressive and immigrant advocacy groups will do to move Biden to the left over how their government deals with the work of the ICE.
Across the Capitol, Republicans began to intensify their criticism of the Biden government’s immigration agenda. A group of 12 Senate Republicans, including Senator John Thune (RS.D.) and Ted Cruz (R-Texas), on Thursday, asked the Biden government to reconsider their immigration agenda due to the increase in ticket numbers illegal border.