Asian American Groups Express Deep Concern and Opposition to Secure Communities
Secure Communities (S-Comm) is an Immigration and Custom Enforcement (ICE) program that automatically forwards all fingerprints taken by local police to ICE for civil immigration background checks at the point of arrest.
Asian American Center for Advancing Justice has criticized S-Comm for being an indiscriminate mass deportation program, rather than one that is focused on identifying and deporting individuals with serious criminal convictions. 74 percent of those deported as a result of S-Comm either did not have any criminal convictions or have convictions for the lowest level offenses, including misdemeanors and minor traffic offenses.
Stewart Kwoh of the Asian Pacific American Legal Center states, “S-Comm has caused much harm to the Asian American and Pacific Islander community. Many AAPI immigrants come from countries with a history of government corruption, which makes it difficult for these community members to come forward and trust law enforcement. S-Comm compounds this problem by adding potential immigration consequences to contact with local law enforcement.”
Titi Liu of the Asian Law Caucus noted, “S-Comm is fundamentally flawed because it burdens and entangles local police with immigrant enforcement, thereby driving a wedge between immigrant community members and local police. This in turn compromises public safety for all community members.”
AAJC Applauds the Obama Administration for Taking Positive Steps Towards Fairer Immigration Policies
Last week the Department of Justice (DOJ) filed a lawsuit challenging the constitutionality of Utah’s immigration law HB 496, which is similar to Arizona’s SB 1070 law. DOJ previously sued Arizona challenging SB 1070 and recently brought similar suits against copycat laws in Alabama and South Carolina.
SB 1070-type laws aim to criminalize undocumented immigrants and impermissibly authorizes local police to enforce federal immigration laws, which frequently leads to racial and ethnic profiling of all immigrants or persons who appear foreign.
Asian American Groups Urge Supreme Court to Hold That Legal Permanent Residents Should Not Be Retroactively Subjected to Harsh New Legal Consequences
Members of the Asian American Center for Advancing Justice have joined an amicus curiae brief in Vartelas v. Holder. The brief urges the U.S. Supreme Court to hold that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which seeks to remove a legal permanent resident’s (LPR) right to make “innocent, casual and brief” trips abroad without fear that he will be denied reentry, does not apply retroactively.
“Retroactive application renders long-time LPR’s unable to take short trips abroad to fulfill important family and religious obligations, including caring for dying parents and attending funerals. They also risk being subject to detention and deportation,” said Stewart Kwoh of the Asian Pacific American Legal Center.