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ICE Removes Immigration Program from Herndon

US Immigration and Customs Enforcement has discontinued 287(g) task force agreements, which allowed local officers to question, detain suspected criminals based on legal status.

After five years, the Town of Herndon’s participation in the US Immigration and Customs Enforcement’s 287(g) program — which allowed local officers to help with street-level immigration enforcement — has been discontinued.

The program allowed local law enforcement to question those suspected of crimes about their legal status and detain or arrest those here illegally, potentially leading to their deportation.

The Town of Herndon is one of 57 municipalities in 21 states who entered into agreements with ICE under the law. ICE worked with local law enforcement to train officers in the programs.

ICE told Herndon it would not renew the town’s Memorandum of Agreement authorizing the town’s participation after Dec. 31, according to a statement on the Town of Herndon’s website.

It also ended agreements with the 16 other jurisdictions who had "task force" agreements under the law — five of them in Virginia.

Forty jurisdictions who are authorized for jail enforcement under the law, including the Prince William-Manassas Regional Jail and the Shenandoah County Sheriff's Office, will continue its programs, at least for now. 

According to an ICE press release from Dec. 21, this restricts the use of detainers against individuals arrested for minor misdemeanor offenses such as traffic offenses and other petty crimes.

New federal guidelines, released concurrently with the announcement its 287(g) program was ending, say local police should instead focus on, among other things, felons, repeat criminals, repeat immigration law offenders, or public safety threats — such as known gang members or suspected terrorists. 

During fiscal year 2012, ICE’s Office of Enforcement and Removal Operations removed 409,849 individuals from the country. About 55 percent of them were convicted of felonies or misdemeanors.

From January to November 2012, the Herndon Police Department issued 39 detainers through the 287(g) program.

By comparison, in Prince William County — one of the municipalities in which ICE will allow the program to continue through June 30 — has averaged about 1,100 detainers a year through a jail-based 287(g) agreement; about 5,500 people have been detained through the program there since 2007, officials told the Washington Post.

Herndon's 287(g) agreement is for street enforcement, as are the others being ended nationwide.

[Do you think ending the agreement impact the town? Speak Out on this issue by clicking here.

USA Today reported earlier this year that eliminating the program alltogether could save the Department of Homeland Security about $17 million.

Virginia Gov. Bob McDonnell asked ICE to authorize state troopers under a street-level 287(g) program in 2010, but his request was denied.

“Although the formal 287(g) program has been discontinued, we have over the course of the program developed strong relationships with ICE officials and we will continue to work closely with them to enhance public safety throughout our community,” Col. Maggie A. DeBoard, Herndon’s Chief of Police, said in the town’s statement

The Secure Communities Program, which is used at the Fairfax County jail, remains in effect. Secure Communities helps identify criminal illegal immigrants as they’re arrested and booked by running their fingerprints against a national database when they’re taken into custody.

The Fairfax County jail houses those arrested by the Town of Herndon.

“While the FY 2012 removals indicate that we continue to make progress in focusing resources on criminal and priority aliens, with more convicted criminals being removed from the country than ever before, we are constantly looking for ways to ensure that we are doing everything we can to utilize our resources in a way that maximizes public safety,” ICE Director John Morton wrote in a release.

Have an opinion to share on the end of the 287(g) program in Herndon? Click here to tell us what you think on Speak Out. 

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Bob Bruhns January 8, 2013 at 03:33 pm
The vast majority of our guests who are here illegally, are indeed just trying to make some money and do something for their families. There are problems with our government's business-supported policy of "Keep them illegal to keep them cheap, and keep them coming" - the result of which is that guests are disliked and blamed, while the business interests that quietly demand this for their own rea$on$, get a free pass. And now it looks like they got another perk from our supposedly nice-guy government.
It won't make much difference, except that it will make life easier for some criminals and drunk drivers. ICE was already subverting all immigration enforcement, every way they could imagine. Herndon was trying to deal with felons and drunk drivers who SHOULD be sent packing - but ICE wasn't holding up their end of the bargain. ARTICLE: Many freed criminals avoid deportation, strike again Boston Globe, December 09, 2012 http://bostonglobe.com/metro/2012/12/09/secret-criminals-quietly-released-criminals-who-were-supposed-deported-with-deadly-consequences/864u1YQbUaVcRiSnz6VaxJ/story.html "The vast and secretive US prison system for immigrants, stymied when it tries to deport some criminals, has quietly released thousands, including killers, a Globe investigation shows." This is not some angry article from some xenophobic lunatics - the Boston Globe is owned by the New York Times.
Grace Han Wolf January 8, 2013 at 04:04 pm
It is my understanding, since I asked the Chief for clarification, that all street enforcement MOUs with ICE for 287(g) are ended on a national basis. Jurisdictions that have jail enforcement MOU with ICE for 287(g) for an additional 6 months but will then be phased out. The Town does not operate a jail and Fairfax County never entered into an MOU with ICE for 287(g) for its jail. All jails currentlly have Secure Communities and this sounds like the only program that will be left in place after the 6 month 287(g) wind-down for identifying dangerous criminals who are in the country illegally.
Leslie Perales Loges (Editor) January 8, 2013 at 04:22 pm
Yes — we spent a lot of time going over that last night. It took us a while (the ICE press release could've been clearer) to figure out that the task force agreements are ending but jail enforcement is still in place until June 30. It's all in the article! Also noted in the article is Fairfax County jail's participation in Secure Communities and Fairfax County jail houses those arrested in Herndon.
Bob Bruhns January 9, 2013 at 04:49 pm
It is misleading for ICE to suggest that communities like Herndon were using 287(g) to deport "individuals arrested for minor misdemeanor offenses such as traffic offenses and other petty crimes." Herndon was always looking to remove the 'worst of the worst" (serious criminals and drunk drivers). In Herndon, 287(g) worked very much like the standard check that is routinely conducted on everyone, including US Citizens, in any routine traffic stop. Was there really a valid objection to evicting unvetted guests who were found to be guilty of serious crimes, or who were caught driving drunk? Our government doesn't want that to happen unless the "minor traffic offenses and other petty crimes" rises to the level of an arrestable offense, because 'Secure Communities' only applies when someone is arrested.
The result of this change will be that serious criminals will not be detected until they have struck again. This will mean a degradation in the level of protection provided to the innocent population, but of course ICE has routinely allowed that even with 287(g) in place. ARTICLE: Many freed criminals avoid deportation, strike again Boston Globe, December 09, 2012 http://bostonglobe.com/metro/2012/12/09/secret-criminals-quietly-released-criminals-who-were-supposed-deported-with-deadly-consequences/864u1YQbUaVcRiSnz6VaxJ/story.html ICE was releasing murderers! This is not some angry article from some xenophobic lunatics - the Boston Globe is owned by the New York Times.

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Jennifer van der Kleut (Editor) June 18, 2013 at 11:07 pm
Hi Craig - can you send me an email? I'll help get this figured out. Thanks!Read More jennifer.vanderkleut@patch.com
Jennifer van der Kleut (Editor) June 18, 2013 at 08:01 am
Awww, Dave! Anything specific? Believe me, no one's more rattled than me....but I think given timeRead More we'll all get used to it, as we do with anything. But if you're having trouble finding or figuring out how to use anything, please let me know!
Dave Webster June 18, 2013 at 02:51 pm
I preferred having the local voices scroll where you could see comments on the articles. I hadRead More some problem uploading my picture to my profile.
Bob Bruhns May 26, 2013 at 10:16 am
The problem is that we got tricked into overpriced and premature rail, when we should have startedRead More with Bus Rapid Transit. Had we done that, we could long ago have extended an efficient, dedicated-road bus system from Falls Church out further than Ashburn, and about now we might be converting that to rail from Falls Church to Tysons Corner. By avoiding the ridiculous price of the Silver Line Metrorail, we could also have extended a dedicated-road bus system out toward Centreville and Woodbridge by now as well. Take a look at the pricetag for the Silver Line - $6 Billion for one single Metrorail line on the north side of Fairfax County and into Loudoun County. We are juggling the books to borrow the needed money for that, and County taxes and the Dulles Toll Road tolls will be repaying the gargantuan borrowing until at least 2048 (that's 35 years from now). Existing roads, bridges and rail, need varying degrees of maintenance and expansion. We now have the NVTA and a transportation tax authorization (that we voted down in 2002, by the way), but don't expect our Metrorail line to be its central focus - our rail line is only one little line on the northern edge of our transportation district. NVTA will be looking at the transportation needs of ALL of Prince William, Loudoun, Fairfax and Arlington Counties, as well as the cities of Falls Church, Alexandria, Fairfax, Manassas, and Manassas Park. We need financially viable options - not overpriced, premature rail.
Mark Carolla May 27, 2013 at 02:12 pm
Hi Bob - "By avoiding the ridiculous price of the Silver Line Metrorail, we could also haveRead More extended a dedicated-road bus system out toward Centreville and Woodbridge." I won't address price because the finances of the Silver Line are another story...but actually, Bob, we already have or had Bus Rapid Transit (BRT) [See ---http://greatergreaterwashington.org/post/9600/brt-creep-makes-bus-rapid-transit-inferior-to-rail/] I used it for years commuting to the Pentagon: Metro and Connector Express Buses. There are pseudo light rail like stations at Herndon/Monroe St and there are supposedly bus lanes on the Toll Road. You saw how well that worked in getting people to get out of their cars. With population growth it didn't and it resulted in more paving. The bus lanes became HOV. You are correct that the Silver Line is but one line - and it will need bus connections - frequent and extensive connections - not just during rush hour -along with big parking lots. BRT is an attempt to replicate rail on the cheap - penny wise and pound foolish. Granted I have my prejudices: when I was trained as an Army Transportation Officer we were taught and observed through the years that flanged wheels on steel rails is the most efficient and economical way of moving large numbers of people and materiel. We have been neglecting multi-modal: rail, light rail, and bus for so long in favor of highway interests that we are now in a mess with a reputation as the nation's gridlock capital.
Bob Bruhns May 27, 2013 at 03:36 pm
So, Mark - you are advocating premature rail instead of Bus Rapid Transit, not because BRT is a badRead More solution, but because our governments don't do Bus Rapid Transit correctly. The huge financing problems that result are therefore not the price of transportation, they are the price of bad government. But it seems to me that if you can sell the concept of premature and massively expensive rail to our government leaders, you can sell the concept of properly-designed Bus Rapid Transit to them as well. I don't think that throwing big money at transportation is the solution. Consider the million-dollar bus 'super-stops' in Arlington County. For the budgeted $948,000 per stop, those should have been really nice bus stops - but they were a ridiculous and total disaster. WMATA and Arlington got together and came up with that nonsense, and now they have been investigating themselves about that for more than a month - with no results whatsoever. Clearly they just want to bury the story, and make us forget all about it. And consider the big transit center in Silver Spring, where the government and the contractors didn't take it seriously. Like WMATA and Arlington government, they saw transit construction as a big welfare delivery system just for them. I think that we should address the real problem - bad government - instead of overpaying for premature rail.