Immigration Screening Program Still Running in Texas

A Houston Chronicle report recently revealed that numerous Texas jails are still using an immigration screening program that has been criticized as unconstitutional. The program involves allowing the Department of Homeland Security and the Immigrations and Customs Enforcement Bureau to access thousands of fingerprint records. The controversial immigration screening program has also been the target of charges of racial profiling and has been rejected by more than 250 law enforcement agencies across the country.

“Secure Communities” Immigration Screening Program

The program, known as Secure Communities, requires that jailers send fingerprint records to the Department of Homeland Security. The DHS then conducts immigration screenings by checking the fingerprints against a database operated by ICE. If the immigration screening reveals a match, ICE can file a “detainer request” with the local law enforcement office to hold the suspect for 48 hours pending transfer to a federal facility for deportation hearings.

Judges Attack Immigration Screening Program

The Secure Communities immigration screening program has faced serious criticism since its launch in 2008. Rather than fulfill its stated purpose of finding and deporting violent criminals and gang members, observers have noted that the program targets a disproportionate number of Hispanic suspects arrested for minor crimes. A series of judicial decisions have noted that local law enforcement agencies need not comply with the detainer requests that result from the immigration screenings, as the requests do not constitute probable cause.

Texas Sticks With Immigration Screening Process

Despite the complaints about racial profiling and questions about constitutionality, many Texas jails have stuck with the problematic immigration screening process. Nearly every county jail in Texas has continued to comply with ICE’s detainer requests, turning county jails into makeshift immigration detention facilities. In Harris County, which includes the Houston metropolitan area, 85 percent of those targeted for detainer requests were from Mexico. Of those convicted and detained, 31 percent of the criminals found through the immigration screening procedure were convicted of violent crimes, while 38 percent were convicted of misdemeanors.

Changes in Immigration Screenings

In the face of criticism from immigration advocates, law enforcement agencies and federal judges, ICE has agreed to limit the scope of the Secure Communities immigration screening process. The agency announced in 2010 that it would narrow its focus to targeting violent offenders, repeat offenders and recent immigrants. According to a spokesman for the Harris County Sheriff’s Office, the number of immigration screening detainer requests fell from 1,000 a month when the program started, down to 25 a month in 2014.

Source: Houston Chronicle

Get Help For Your Immigration Screening Case

To find out how we can help with cases involving immigration screening, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to an attorney who understands the problems facing victims of immigration screenings. You can also fill out the “Free Case Evaluation” form at the top of this page.