"[6][7] On January 25, 2017, President Donald Trump signed executive order 13768 re-instituting Secure Communities (see section 10), indicating that it would penalize jurisdictions that did not comply with the program, and re-expanded immigration enforcement priorities to include even those not convicted of serious criminal offenses.
If an individual's fingerprints matched those of a non U.S. citizen (including legal resident), an automated process notifies the Law Enforcement Support Center (LESC) of ICE.
ICE officials told the New York Times that, because of flaws in the database system, about 5,880 people identified through Secure Communities turned out to be United States citizens by 2009.
"[31] Meanwhile, a Washington Post editorial praised the program, asserting that it "has neither inclination nor resources to deport suspects with otherwise clean records who have been arrested for low-level infractions.
[35] Another 2018 paper found that, due to Secure Communities, legal Hispanic immigrants were less likely to use federal means-tested programs, except in jurisdictions with sanctuary policies in place.
[36] A 2022 study found that the program reduced the labor supply of college-educated U.S.-born mothers with young children by increasing the cost of outsourcing household production.
[37] A 2024 study highlights that Secure Communities leads to an elevated occurrence of adverse birth outcomes among infants born to foreign-born Hispanic mothers.
An August 2010 DHS memo entitled "Secure Communities: Setting the Record Straight" suggested that counties had the ability to opt out of the program, even when their respective states have joined: "If a jurisdiction does not wish to activate on its scheduled date in the Secure Communities deployment plan, it must formally notify its state identification bureau and ICE in writing (email, letter or facsimile).
"[46] At a press conference days later, Napolitano modified her position: "What my letter said was that we would work with them on the implementation in terms of timing and the like...But we do not view this as an opt-in, opt-out program.
"[49] In a January 2009 letter to the California Department of Justice, Venturella indicated that ICE would obtain a Statement of Intent for every county-level participant in Secure Communities.
San Mateo's sheriff and Board of Supervisors feared the chilling effect that integration of state and ICE databases would have on immigrants as volunteers in public programs.
"[52] Deputy Counsel Anjali Bhargava is investigating whether the county can limit participation "the extent [ICE requests] are subject to reimbursement or required by law."
San Francisco Sheriff Michael Hennessey, supported by a supermajority of the Board of Supervisors, requested three times in writing to opt out of Secure Communities.
Patrick reversed this decision on June 7, 2011, saying he was "dubious about [Massachusetts] taking on the federal role of immigration enforcement... and even more skeptical of the potential impact Secure Communities could have.
[58] In 2011 the governors of Massachusetts, Illinois and New York announced their desire to pull out of the Secure Communities program, as did municipal officials in Los Angeles, San Francisco and Boston.
According to Boston mayor Thomas Menino, the program, contrary to its stated goal, "is negatively impacting public safety" and numerous immigrants have been deported after committing only minor traffic violations.
John T. Morton, the head of the U.S. Immigration and Customs Enforcement, responded by asserting the agency's intention to extend the program nationwide by 2013, regardless of local assent.
The board was motivated mainly by the desire to avoid the expenses the County was incurring because of holding detained aliens for an additional 48 hours, to facilitate ICE deportation proceedings.
Since the financial burden was substantial and the cost was not being reimbursed by the federal government, the County decided to end the 48-hour hold practice, effectively terminating its cooperation with ICE.
The ordinance conditions the County's participation in the detainer program on monetary reimbursements from the federal government and ICE Director John Morton has made a partial offer in that respect in February.
[63][64][65] In one publicized case, Saul Chavez, an undocumented immigrant, caused a fatal hit-and-run accident, and, released by a Cook County judge on a low bond, disappeared.
[65] The Cook County policy on detainers was characterized as "terribly misguided" by Secretary of Homeland Security Janet Napolitano, who testified before the Senate Judiciary Committee on April 25, 2012.
[64] On July 3, 2012 a lawsuit was filed by James Makowski, claiming he was wrongly imprisoned for two months as a result of the Secure Communities immigration enforcement program.
The plaintiff, a U.S. citizen, argues the Federal Bureau of Investigation (FBI) and Department of Homeland Security (DHS) violated his rights under the Privacy Act.
Johnson states, "The overarching goal of Secure Communities remains in my view a valid and important law enforcement objective, but a fresh start and a new program are necessary.
[71] On January 25, 2017, former President Donald Trump signed Executive Order 13768 re-instituting Secure Communities (see section 10), indicating that it would penalize jurisdictions that did not comply with the program, and re-expanded immigration enforcement priorities to include even those not involving serious criminal offenses.
[8] Secure Communities was primarily a data-sharing program, and biometric information of people arrested continues to be sent both to the FBI and to DHS to flag for potential immigration violations.