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(Hat tip to Mike Ely.)

The Wall Street Journal
POLITICS
OCTOBER 18, 2010

Deportation Program Grows
Texas Fully Adopts Much-Debated Federal Plan Aimed at All Counties 
by 2013

By ANA CAMPOY

AUSTIN, Texas—A federal program that scans local jails for illegal 
immigrants is being expanded across the state, the latest front in 
the nation's battle over immigration policy.

In the past two weeks, Texas became the first border state to 
fully deploy the Department of Homeland Security program, which is 
scheduled to be rolled out to all U.S. counties by 2013. The 
program automatically routes prisoners' fingerprints to the 
department, which tries to determine whether they are allowed to 
be in the U.S.

Known as Secure Communities, the program is designed to intercept 
and remove illegal immigrants who have committed serious crimes 
such as homicide, rape and kidnapping, immigration officials say.

But immigrant groups and lawyers argue it is also singling out 
immigrants with no serious criminal record, clogging up the 
courts. Political analysts say Secure Communities and related 
programs are alienating Democratic-leaning Hispanic voters from 
the Obama administration.

"Why are we wasting funds to deport people who aren't even 
supposed to be targets of the program?" said Jim Harrington, 
director of the Texas Civil Rights Project, which provides legal 
assistance to low-income people.

Proponents of stricter immigration controls contend Secure 
Communities is a step in the right direction to protect the nation 
from dangerous illegal immigrants.

"Every day, we have murders and serious crimes committed against 
citizens and legal immigrants," said Janice Kephart, 
national-security policy director at the Center for Immigration 
Studies, which favors curbing all immigration to the U.S. "It is a 
public-safety issue."

The expanded program comes at a time when a national debate is 
raging over Arizona's immigration law, which would require local 
police to check the immigration status of people stopped for other 
possible violations.

The federal government has successfully blocked that law in court 
so far, arguing it shifts responsibility for immigration 
enforcement from federal to local officials.

Unlike the Arizona law, Secure Communities doesn't require local 
law enforcement to perform any additional tasks. Using 
fingerprints the police already have collected for the Federal 
Bureau of Investigation, it merges those records with Homeland 
Security's database, which contains all legal and some illegal 
entrants into the U.S. That assists the department in identifying 
criminal suspects in violation of immigration laws. If the 
fingerprints don't match any record, Homeland Security can deploy 
immigration officers to the jail to investigate further.

Last week, Homeland Security Secretary Janet Napolitano touted the 
success of the program, saying Secure Communities contributed to a 
70% increase since 2008 in deportations of criminal suspects who 
were illegal immigrants.

But many in the Hispanic community are frustrated over Secure 
Communities and related Obama administration programs, which they 
see as a step-up in deportations without addressing other facets 
of the immigration debate, such as whether there will be a path to 
citizenship for illegal immigrants.

"Not only are they not helping to solve the issue, but they are 
criminalizing more immigrants," said union organizer Ben 
Monterroso of Secure Communities.

As head of a multistate campaign to boost Latino turnout, he is 
trying to persuade Latinos to put their frustration aside and go 
to the polls.

A recent poll by the Pew Hispanic Center shows that Latinos are 
less motivated than other voters to go to the polls in November.

In Arlington, Va., and Santa Clara County, Calif., local officials 
recently passed resolutions to opt out from Secure Communities in 
response to community concerns that the program would make 
immigrants afraid of the police and result in the deportation of 
non-criminals.

Since 2008, when Secure Communities was launched in individual 
counties around the nation, more than a quarter of the illegal 
immigrants identified by the program and sent back to their 
countries of origin were non-criminals, government statistics show.

In Travis County, Texas, where Austin sits, about 1,000 immigrants 
have been removed since Secure Communities was deployed in the 
county in 2009. More than 30% had no criminal record.

In San Antonio, the nearest immigration court, the number of 
pending cases has grown to about 4,800 so far this year, compared 
with 1,821 in 2008, according to data compiled by the 
Transactional Records Access Clearinghouse at Syracuse University.

Noe Jimenez Ruano, a day laborer from Guatemala, was arrested for 
criminal trespassing in July while standing outside an Austin 
business looking for work, according to his lawyer and the 
director of the shelter where he lived.

A magistrate judge found no probable cause for the arrest, but 
immigration officials learned he was in the country illegally 
through the booking process and deported him last month.

Nicole True, Mr. Jimenez Ruano's lawyer, said, "People forget that 
the way someone ends up in jail is based on a human being making a 
decision."

Homeland Security has said that while Secure Communities focuses 
on dangerous criminals, the agency has the authority to remove 
anyone who enters the U.S. illegally.

An agency official said some immigrants categorized as 
non-criminal have lengthy rap sheets of charges and arrests but 
have never been convicted.

Write to Ana Campoy at ana.cam...@dowjones.com

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