Secure Communities Opt Out Confusion Continues - Arlington Unable to Opt Out

The county of Arlington, Virginia has been unsuccessful in its attempt to remove itself from the Secure Communities program.  The program shares information gathered for criminal background checks with Immigration and Customs Enforcement (ICE).  Arlington attempted to opt out of participating, citing concerns about the program's impact on trust in the police.  Indeed many opponents of the program say it will deter undocumented persons from reaching out to police if they are victims of or witnesses to crime.


ICE previously laid out steps for opting out of the program which began with meetings like the one Arlington recently had with ICE representatives. But at the meeting, County Manager Barbara Donnellan said she was informed the county cannot be removed from Secure Communities because the state of Virginia agreed to participate in the program.  After the meeting, Arlington appears to be giving up on its push to remove itself from the program.


The continuing confusion surround the ability of localities to opt out appears to stem from statements from Secure Communities officials indicating that the program was optional.  However, these statements were later contradicted by Janet Napolitano, the Homeland Security Secretary, and other officials, who stated that participation in the program is mandatory.

Read more about the controversy in the New York Times and about Arlington's efforts here.

Secure Communities Program

The Department of Homeland Security's (DHS) Secure Communities Program is yet another immigration issue stirring up controversy and new coverage in recent weeks.

The program was started under the Bush administration and has been rapidly expanded under the Obama Administration with the goal of modernizing the criminal alien enforcement process by identifying criminal aliens with enhanced biometric technology used by local law enforcement.  In plain language, the program takes fingerprints gathered by local law enforcement during the booking process and checks them against FBI criminal history records and DHS's immigration records.  Where matches are found, Immigration and Customs Enfocement (ICE) is notified and determines whether further action is necessary.  DHS claims the program will increase the agency's ability to efficiently and accurately identify high priority criminal aliens for removal.

The program is being rolled out in phases, with new localities being added frequently.  Currently, 100% of Virginia's local jurisdictions have implemented the Secure Communities Program.  DHS plans to have the program fully implemented nationwide by 2013.  Unlike the 287(g) powers recently requested by Governor McDonnell,  the Secure Communities program does not give local law enforcement any immigration enforcement powers.

As might be expected, not everyone is a fan of the Secure Communities program.  Some argue that it has the potential for misuse by local police, who may be more likely to find a pretext to arrest those they suspect of being undocumented in hopes that a fingerprint scan will result in ICE instituting removal action.  Others argue that immigrant communities may become hesitant to seek aid from or cooperate with local law enforcement due to their involvement with ICE, leading to communities that are actually less secure.

As a result of these concerns, some localities have attempted to opt out of the Secure Communities Program. While ICE appears to concede that the program is voluntary, it appears that no one, including ICE, knows exactly how a locality may opt out.

Find out more about the program and the opposition below:

ICE Secure Communities Fact Sheet
National Immigration Forum Fact Sheet
ICE's "Setting the Record Straight" Memo Responding to Opposition
Opt Out Controversy Article