CIRC's End Unjust Enforcement Campaign
CIRC is launching a campaign to break the growing link between local and state law enforcement and immigration policy, a trend in Colorado that has hurt public safety by creating fear and distrust between immigrant communities and the local police, and caused countless detentions, deportations and family separation.
CIRC members march in Ft. Collins, CO against unjust enforcement.
The campaign will target the policies and legislation that drive local and state immigration enforcement in Colorado, including:
- Legislative repeal/reform of Senate Bill 06-090 that requires local law enforcement report all arrestees who are suspected of being unlawfully present in the country to ICE.
- Legislative repeal/reform of Senate Bill 06-225 that mandates the Colorado State Patrol enter into a 287(g) agreement.
- Administrative reform of the enforcement policies of the State Immigration Patrol Unit so that the Unit focuses solely on human trafficking.
- Prevent further 287g agreements at the local level and assist local member efforts to build relations with law enforcement to prevent expansion of other forms of local immigration enforcement.
Policy Solution
Ending or decreasing the link between local and state law enforcement and immigration in Colorado requires both legislative and administrative reform. Legislatively, CIRC's End Unjust Enforcement campaign will work to repeal or reform two state laws passed in 2006 that mandate much of the enforcement regime. Administratively, the End Unjust Enforcement campaign will work to build relationships with law enforcement and educate agencies on the harmful consequences of enforcement in order to reform agency internal practices.
The End Unjust Enforcement campaign will target Senate Bill 90, which requires local law enforcement report all arrestees who are suspected of being unlawfully present in the country to ICE. Perhaps more than any other law, SB 90 has spread the perception in immigrant communities that ICE and local law enforcement are synonymous. The result is an erosion of trust between immigrants and the public sector, creating public safety concerns, as many immigrant victims are fearful of reporting crimes to police.
The campaign will also target Senate Bill 225, which requires the Colorado State Patrol to enter into agreement with ICE to deputize the Immigration Patrol Unit as immigration enforcers, is linked to the federal Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996, which added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.
The cross-designation between ICE and state and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE allows these local and state officers: necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and increased resources and support in more remote geographical locations.
One of the primary intents of SB 225 and the creation of the State Patrol Immigration Unit was to combat human trafficking-where persons are coerced and deceived into forced labor or sex and held against their will-a devastating human rights issue which CIRC also seeks to end, and where smart, informed law enforcement combined with aggressive community education is required. Unfortunately, the Patrol Unit created by SB 225 has done little to enforce human trafficking and instead has taken on a general immigration enforcement approach that has led to the detention and deportation of hundreds of Colorado residents who are not traffickers, nor trafficking victims. CIRC will utilize community and law enforcement education around trafficking and how current practices go beyond the original intent of SB 225 as a primary foundation to repeal or amend the legislation. Education and building relationships with State Patrol could also lead to better community-policing practices and internal administrative reforms.
Reforming SB 225 and SB 90 will require significant statewide efforts to educate and build relationships with state lawmakers and the Governor's office. CIRC has already established a foundation for this campaign by serving on Governor Ritter's Taskforce on Immigration Law Enforcement in Colorado in 2008/2009, and by working with lawmakers to block local and state enforcement policies during the 2008 and 2009 legislative sessions.
The campaign will utilize a broad-based strategic coalition, and will require the participation of lead police chiefs and sheriffs who share the same view that immigration enforcement is harmful to community policing and public safety. Additionally, CIRC will continue to collaborate with the anti-violence and victims coalitions in the state to educate law enforcement about the negative impact of these programs. In addition, CIRC will continue the ongoing statewide Know Your Rights presentations, and launch a major abuse documentation effort to collect quantitative and qualitative data to demonstrate individual encounters with law enforcement and the impact on local communities.
In addition to policy advocacy, education, a broad-based coalition, and research to collect credible data, CIRC will need to employ strong and effective communications, civic engagement and base building strategies to win the End Unjust Enforcement campaign.
