GOP files plan to force state into Secure Communities

[Jeanfromfillmore]

GOP files plan to force state into Secure Communities
Legislative Republicans today announced plans to file legislation forcing the Patrick administration to join Secure Communities, a federal program aimed at cracking down on criminal illegal immigrant that has sparked allegations by immigrant advocates and officials in some states that the program leads to profiling and nets petty criminals, rather than the serious offenders that supporters say are the targets.
“Now more than ever, it is imperative that the Patrick Administration join the Secure Communities program,” Rep. Elizabeth Poirier (R-North Attleboro) said in a statement. “It is the responsibility of us as legislators to protect the safety and well-being of the residents of the Commonwealth. The time is now that legislators and citizens rise up and demand that the safety of the legal residents of Massachusetts is paramount.”
Secure Communities has been billed as a program in which the FBI, which routinely collects fingerprint information from local police departments, shares that information with U.S. Immigration and Customs Enforcement. After repeated flare-ups and conflicts with states and immigration groups, the federal government announced earlier this month that it would terminate all agreements with states and implement the program unilaterally, negating the call by Republicans for the state to join the program.
"Our deepest condolences go out to the family and friends of the victim of this terrible crime. The focus now is on prosecuting the person responsible and ensuring that justice is served. We will provide whatever assistance is required to get that done," said Alex Goldstein, a spokesman for Gov. Deval Patrick. "The Governor’s policy is that serious criminals who are here illegally should be deported. Massachusetts has and will continue to send fingerprints to the Federal government and the Massachusetts Department of Correction will continue to work with Immigration and Customs Enforcement to facilitate removal of undocumented immigrants who have been convicted of felonies in the Commonwealth."
The legislation, which will be accompanied by a resolution also urging the administration to join the program, will be filed by Reps. Poirier, Marc Lombardo (R-Billerica), Ryan Fattman (R-Sutton), as well as House Minority Leader Bradley Jones and Senate Minority Leader Bruce Tarr, according to the GOP announcement.
The Republicans say the proposal is a response to reports of the arrest and arraignment of an illegal immigrant for vehicular homicide while under the influence of alcohol.
“It’s tragic to see the loss of a life which could have been prevented had the Patrick Administration entered into the Secure Communities program years ago,” Lombardo said. “How many more people have to die before this administration will take action to secure our state?”
Republicans are seeking additional cosponsors for the proposals among their colleagues.
Gov. Deval Patrick has wavered over plans to join Secure Communities, suggesting during last year’s reelection campaign that he was still reviewing the program and then dispatching senior officials to suggest that the federal government was mandating participation.
When other states, like New York and Illinois, suggested they would opt out of the program, Patrick followed suit and said he intended not to join, despite the continuing insistence by federal authorities that states would be forced to join by 2013. Earlier this month, the Obama administration suggest that immigration authorities would reinforce efforts to target only the most serious criminals among the illegal immigrant population.
http://www.bostonherald.com/news/pol...osition=recent

[Jeanfromfillmore]

GOP pushes tougher immigration stance after fatal Milford crash
BOSTON — A group of Republican legislators today renewed calls for Massachusetts to join the federal Secure Communities Act immigration enforcement program. The legislators argued that state participation might have prevented a fatal accident Saturday in Milford that involved an alleged illegal immigrant.

However, the federal government has already notified the states that it is imposing the program with or without their consent, according to state officials.

Gov. Deval L. Patrick was among several U.S. governors who said they would not participate because they felt the program is not focused enough on deporting only criminals and could hamper local law enforcement efforts. The program links local police with the FBI and Immigration agencies and requires states to take and send copies of fingerprints of anyone arrested in the state for federal review for possible immigration violations.

In a letter responding to state Sen. Richard T. Moore's concerns about the immigration status of the suspect in the Milford crash, state Secretary of Public Safety Mary E. Heffernan said the question of state participation is moot.

“Earlier this month the Department of Homeland Security sent a letter to the nation's governors announcing the states would have no role whatsoever whether or not to implement the Secure Communities program,” Ms. Heffernan wrote. She said state agreements to participate are no longer being sought, as they had earlier in the program, and previous written agreements with other states to participate “have been terminated.”

Mr. Moore, D-Uxbridge, had written to the governor asking for assurances the Ecuadorean immigrant not be deported until he has stood trial on charges stemming from the fatal accident and served any possible sentences.

Today, five Republican lawmakers announced their intention to file legislation and a resolution to pressure Mr. Patrick to sign on to the Secure Communities Act.

The Republicans' resolution asks Mr. Patrick to reconsider joining the program. The legislation is an attempt to force the issue. Nicholas Guaman, 34, a Milford resident and native of Ecuador, allegedly was driving his pickup drunk when he hit and killed a motorcyclist, dragging him a quarter of a mile Saturday.

He has pleaded not guilty to vehicular homicide, driving under the influence of alcohol, leaving the scene of an accident involving personal injury and death, possession of an open container of alcohol, failure to stop for a police officer, driving without a license, failing to yield at a stop sign, wanton or reckless conduct creating risk to a child, and resisting arrest.

Mr. Guaman was ordered held on $100,000 cash bail at his arraignment Monday in Milford District Court. He is also being investigated by federal immigration officials and was held on a detainer from U.S. Immigration and Customs Enforcement.

Mr. Guaman has previously been convicted of breaking and entering with intent to commit a felony, and three assault and battery charges, as well as several other charges stemming from a Feb. 3, 2008, incident.

Mr. Guaman allegedly was drunk when he allegedly ran a stop sign about 7:45 p.m. Saturday and struck the motorcycle driven by Matthew Denice, 23, of Milford. Witnesses told police Mr. Denice was stuck in the wheel well of Mr. Guaman's pickup truck and was dragged about a quarter of a mile, despite people chasing the truck and banging on the sides screaming at the driver to stop.

House Minority Leader Bradley H. Jones Jr., R-North Reading; state Rep. Ryan Fattman, R-Sutton; state Rep. Marc Lombardo, R-Billerica; state Rep. Elizabeth Poirier, R-North Attleboro; and Senate Minority Leader Bruce Tarr, R-Gloucester, said they are backing the legislative push for the immigration program.

Mr. Fattman issued an emotional appeal in a statement supporting the effort.
“It is clear that if Secure Communities was law when a criminal like Nicolas Guaman was first arrested four years ago, and subsequently multiple times thereafter, he could have, and should have, been deported due to his illegal immigration status,” Mr. Fattman said.

“My heart breaks for the family and friends of the recent tragedy in Milford. We, as legislators, must realize that this isn't the first tragedy like this, and it won't be the last, unless we act. It's time to do whatever needs to be done to ensure a tragedy like this never happens again,” he said.

“It's tragic to see the loss of a life which could have been prevented had the Patrick administration entered into the Secure Communities program years ago,” said Mr. Lombardo. “How many more people have to die before this administration will take action to secure our state?”

Mr. Moore also wrote to federal immigration officials asking that Milford be the first new city included in the program as part of the federal nationwide rollout of the program. “This is the third vehicular homicide by an illegal alien without a valid license in Milford in recent years. It is clear that our law enforcement officers need and deserve additional tools to keep our streets and communities safe,” Mr. Moore said.
http://www.telegram.com/article/2011...110829785/1116