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THE MUSINGS OF A TRADITIONAL SOUTHERN DEMOCRAT

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Location: Douglas, Coffee Co., The Other Georgia, United States

Sid in his law office where he sits when meeting with clients. Observant eyes will notice the statuette of one of Sid's favorite Democrats.

Tuesday, May 19, 2009

U.S. to Expand Immigration Checks to All Local Jails -- Obama Administration's Enforcement Push Could Lead to Sharp Increase in Deportation Cases

From The Washington Post:

The Obama administration is expanding a program initiated by President George W. Bush aimed at checking the immigration status of virtually every person booked into local jails. In four years, the measure could result in a tenfold increase in illegal immigrants who have been convicted of crimes and identified for deportation, current and former U.S. officials said.

By matching inmates' fingerprints to federal immigration databases, authorities hope to pinpoint deportable illegal immigrants before they are released from custody. Inmates in federal and state prisons already are screened. But authorities generally lack the time and staff to do the same at local jails, which house up to twice as many illegal immigrants at any time and where inmates come and go more quickly.

The effort is likely to significantly reshape immigration enforcement, current and former executive branch officials said. It comes as the Obama administration and Democratic leaders in Congress vow to crack down on illegal immigrants who commit crimes, rather than those who otherwise abide by the law.

Homeland Security Secretary Janet Napolitano has made it "very clear" that her top priority is deporting illegal immigrants who have committed crimes, said David J. Venturella, program director at U.S. Immigration and Customs Enforcement.

Under the new program, the immigration checks will be automatic: Fingerprints currently being run through the FBI's criminal history database also will be matched against immigration databases maintained by the Department of Homeland Security. The effort would not catch people who have never been fingerprinted by U.S. authorities.

Critics say that deporting the worst criminal illegal immigrants, by itself, does not go far enough because it would not fully address the estimated 11 million illegal immigrants already in the United States or deter further illegal immigration.

"If the Obama administration abandons immigration enforcement in all but the most serious criminal cases, then they will create a de facto amnesty for millions of illegal immigrants and will encourage even more illegal immigration," said Rep. Lamar Smith (Tex.), the ranking Republican on the House Judiciary Committee.

He said the Obama administration should complete construction of a border fence, enforce laws against hiring illegal workers and deport illegal immigrants before they commit crimes.

Amnesty International and immigrant advocates warn that the change could lead to immigration checks in other arenas and the "criminalization" of illegal immigration.

Tom Barry, an analyst for the Center for International Policy, a nonprofit research and policy institute in Washington, said the initiative could sweep up foreign-born U.S. residents who have served time for offenses but were not deported.

By checking all people who are booked, supporters say, the program avoids racial profiling. It also could stem what some see as overzealous efforts by some local authorities who, through a $60 million-a-year ICE training program, have stepped up their pursuit of illegal immigrants through measures such as neighborhood sweeps and traffic stops.

"The administration should reassert the primacy of the federal government's role in enforcing immigration law," said Donald Kerwin, vice president for programs at the Migration Policy Institute, a think tank in Washington. He said, however, that such action should be coupled with efforts to find lawyers for immigrants in deportation proceedings. Unlike in criminal courts, the immigration court system does not provide public defenders.

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