Category Archives: Resources

Documents, reports, and other resources.

New Developments in S-Comm and Next Generation Identification

New Developments in Secure Communities and the Next Generation Identification Initiative

Advocates Confront FBI about its Role in Massive Deportation Program

In June, advocates traveled to Buffalo, New York to confront the FBI about its role in the Secure Communities deportation Program. Representatives from the National Day Laborer Organizing Network, the Criminal Defense Immigration Project of the New York State Defenders Association, and the Cardozo Immigration Justice Clinic, and NYU doctoral candidate Travis Hall attended the semi-annual meeting of the FBI’s Criminal Justice Information Services Advisory Policy Board (APB) and presented to the group about the negative impacts of S-Comm on public safety, community policing, and privacy. They also obtained updates on developments in Secure Communities and the Next Generation Identification initiative, of which S-Comm is one part.

Today, advocates released a factsheet highlighting key new developments. and the meeting materials are available as PDFs in three parts: Part 1, Part 2, Part 3.

An analysis from the Electronic Frontier Foundation of the privacy concerns raised by these new developments will be available shortly as well.

The APB advises the FBI on how to manage the FBI’s civil and criminal databases. It was the APB that first decided to make Secure Communities a mandatory program. But the APB made this decision without considering any of the public safety and privacy issues that have made S-Comm so controversial. At the June meeting, advocates forced those issues onto the agenda.

The next APB meeting is scheduled for December, in a location to be determined. For more information, or to get involved, contact jkarp at

NDLON v. ICE – Documents Show Projected Growth in Immigration Detention Due to Secure Communities

Pursuant to prior federal court opinions in NDLON v. ICE holding that ICE must disclose information about agency “messaging” and already adopted policies related to Secure Communities, ICE recently released previously withheld information providing insight into the current immigration detention debate.  In an internal email exchange from Phyllis Coven to various ICE officials regarding the agency’s response to a New York Times inquiry, ICE maintained that due to Secure Communities, detention reforms would not lead to a reduction in detention capacity. The email links prospective growth in detention to activation of Secure Communities nationwide by 2013. (Doc. ID 0.798.162573 at pages 1-2.)

In addition, ICE released six undated Statements of Objectives (“SOO”) which serve as requests for proposals for new detention facilities in the following areas: Miami, San Francisco, North Carolina/South Carolina, Kansas City Area, Northeast, Texas. The disclosure of all SOOs is important to understand the true nature of ICE’s so-called civil detention reforms.

Click here to download the documents (zip file)

Recently, after much opposition by local immigrant rights organization, Florida Immigrant Coalition, and the residents of Southwest Ranches, the location of the proposed  ICE detention center, ICE decided not to move forward with building a new detention center in the Miami area. For more information about the campaign:

To read an article about the Florida victory:,0,4816411.story

Press Release: Precedent-Setting Ruling in E-FOIA Case (CCR)

Precedent-Setting Ruling in E-FOIA Case: Court Orders FBI, DHS and ICE to Lift “Veil of Secrecy” and Comply With Freedom of Information Act


July 13, 2012, New York – Today, in an important victory for open government, Judge Shira A. Scheindlin, of the Southern District of New York, ruled that the Federal Bureau of Investigation (FBI), the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have failed to adequately search for and disclose information pursuant to the Freedom of Information Act (FOIA).  The ruling comes in NDLON v. ICE, a FOIA lawsuit brought by the National Day Laborer Organizing Network (NDLON), the Center for Constitutional Rights (CCR) and the Immigration Justice Clinic of the Benjamin N. Cardozo School of Law, with representation by Mayer Brown LLP.  The suit seeks government records relating to the controversial Secure Communities (SCOMM) program.

Said Center for Constitutional Rights attorney Ghita Schwarz, “Today’s decision rightly holds the government to standards of transparency and accountability, an important step in stopping the harm this program is causing in our communities. Despite claims that SCOMM targets serious criminals, the fact is that SCOMM has done nothing but break families apart and undermine public safety by intimidating victims and witnesses of real crimes from reporting them.”

In a strongly worded opinion, Judge Scheindlin sided largely with plaintiffs, stating that “[t]ransparency is indeed expensive, but it pales in comparison to the cost of a democracy of operating behind a veil of secrecy.” Judge Scheindlin flatly rejected the defendant agencies’ claim that they should be “trusted to run effective searches” for records responsive to plaintiffs’ FOIA request “without providing a detailed description of those searches.”  Particularly harsh in its conclusions about the FBI’s failure to search for documents, Judge Scheindlin characterized as “absurd” their position that ordering an office to conduct a search and receiving no response satisfied government obligations under FOIA.  Pointing out that FOIA requires the government to “use twenty-first century technologies to effectuate congressional intent,” the decision broke new ground by ordering the government to “work cooperatively” with plaintiffs to “design and execute” new searches.

Said co-counsel Anthony Diana from Mayer Brown LLP, “Particularly important is the court’s recognition that the government should work with the FOIA requester to help alleviate some burdens associated with the search of a large volume of electronic data. In an era when government policies are crafted and implemented almost entirely through electronic documents, we hope that applying lessons learned in the civil e-discovery context in FOIA cases will promote transparency and accountability in government across the board.”

Said Jessica Karp of NDLON, “It is fitting that today’s decision comes at the end of a national week of action to ‘Restore Trust broken by the Secure Communities deportation program. Transparency and accountability are essential if we are to repair the damage done by this program that is spreading Arizona-style policies around the country. We are especially hopeful that the new searches will bring much-needed transparency to the role of the FBI in forcing this dangerous program on unwilling states and localities.”

Said Sonia Lin of the Immigration Justice Clinic of the Cardozo School of Law, “Today’s decision underscores the importance of transparency about controversial government policies such as SComm. The court rightly observed that this FOIA litigation has ‘influenced much of the public debate over Secure Communities’ and that through this litigation, FOIA has ‘therefore served its purpose of engendering a more informed public and a more accountable government.’  Indeed, this week, Chicago announced a proposal to reject SCOMM and former Manhattan District Attorney Robert Morgenthau publicly called for state and local ability to opt out of the program, which he described as ‘the worst kind of public policy.’”


SCOMM is an ICE deportation program that checks the immigration status of anyone arrested by local and state police, regardless of the charges and whether those charges are later dismissed.

For more information on NDLON v. ICE or for a copy of the Judge’s ruling, visit For more information on Secure Communities visit

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. Visit and follow @theCCR.

The mission of the National Day Laborer Organization Network is to improve the lives of day laborers in the U.S. by unifying and strengthening its member organizations to be more strategic and effective in their efforts to develop leadership, mobilize day laborers in order to protect and expand their civil, labor and human rights. Visit


The Kathryn O. Greenberg Immigration Justice Clinic of the Benjamin N. Cardozo School of Law was founded in 2008 to provide quality pro bono legal representation to indigent immigrants facing deportation. Under the supervision of experienced practitioners, law students in the Clinic represent individuals facing deportation and community-based organizations in public advocacy, media and litigation projects. Visit

Restoring Trust Campaign (Turning the Tide)

The Restoring Trust campaign urges local officials to not be accomplices to detention and deportation. Specifically we ask them to not comply with voluntary requests from ICE to hold and turn over people for deportation. A growing number of cities have enacted these progressive policies,including Washington DC, Santa Clara, CA, and Cook County, Illinois and more.

Together we’re forging an alternative to the Arizonification of our country.

For critical resources (factsheets, ennacted policies, toolkits) click here:

To connect with our partners at the Interfaith Immigration Coalition click here:

Take Action!

The week of July 9th, 2012 communities across the country will be taking action to restore trust by raising awareness of how local jail policies force people into the deportation system and telling local law enforcement, “Restore Trust! Break ICE’s hold on our community.”

Ways your community can participate in the week of action:

  • Host a community educational event.
  • Deliver letter to local decision makers as part of public action and/or press event Download
  • Hold a press conference to launch new local campaign
  • Direct action (vigil, rally, march)
  • Call a public meeting or forum with local law enforcement or elected officials

For suggestions, feedback, or advice on your campaign or your activities for the week of action, contact: [email protected] or [email protected]

Trust National Week of Action: List of Local Events July 9th-13th:


Contact: Claudia Jimenez
Email: [email protected]
Press Contact:  Dustin Craun  +1-303-667-4027
Date/Time of Event:  Monday July 9th at 2:00pm pt
Location:  651 Pine Street – Martinez
Description: Vigil in front of Sheriff’s office to urge him to stop honor ICE holds and separating families and opposition to jail expansion in the county.

Contact: Veronica Ferderosky
Email: [email protected]
Date/Time of Event: Thursday July 12, 2012 at 9:30 am
Location: Los Angeles Men’s Central Jail 441 Bauchet Street, Los Angeles, CA 90012
Description: Press conference and rally outside detention center.

Contact: Jazmin Segura
Email:  [email protected]
Phone: 408-453-3003 ext. 102
Date/Time of Event:  Monday July 9th – Friday July  13th
Description: Community based surveys happening throughout the week as part of the Trust Index Survey designed to measure how the community’s trust in law enforcement changes when local law enforcement agencies cooperate with Immigration and Custom’s Enforcement (ICE)

Contact: Charisse Domingo
Email: [email protected]
Date/Time of Event: Wednesday July 11th at 5:30pm pt – 8:00pm pt
Location: St Francis of Assisi Church 1425 Bay Road East Palo Alto, CA 94303
Description: Community forum impact of ICE holds on Juveniles. East Palo Alto and Redwood City are the highest cities to refer youth to ICE. Youth standing up to the immigration and detention will share powerful testimonies. Also 10min consultations with immigration lawyers.

Contact: Jesus Guzman
Email:  [email protected]
Date/ Time of Event: Thursday, July 12, 2012, 1:00 – 4:00 p.m.
Location: 3046 Stevenson Hall, on the campus of Sonoma State University
Description: Forum on deportations in our local jails. Speakers include law professors, elected officials, and law enforcement.

Contact: Stephen Smith
Email: [email protected]
Date/Time of Event: July14th at 11:00am
Location: Benito Juarez High School 1510 W Cermak, Chicago, IL
Description: Democracy day includes workshops and a rally to continue to protect the ground breaking Cook County Ordinances on ICE holds and advance administrative relief for DREAMers


Contact: Jonathan Fried
Email: [email protected]
Date/Time of Event:  Monday July 9th – Friday July 13th
Location:  Miami, FL
Description: Community based surveys happening throughout the week as part of the Trust Index Survey designed to measure how the community’s trust in law enforcement changes when local law enforcement agencies cooperate with Immigration and Custom’s Enforcement (ICE)


Contact: Patricia Montes
Email: [email protected]
Date/ Time of Event: Thursday July 12th at 11 am est
Location: Massachusetts State House (inside staircase) Beacon Street Boston, MA 02133
Description:  Press conference and announcement of commission to monitor S-Comm


Contact: Elsa Lopez
Email: [email protected]
Date/Time of Event: July 11, 2012 at 2:00pm
Location:  San Juan County Jail, Farmington, New Mexico
Description: Press Conference


contact: Romeo Sosa
email: [email protected]
Phone: 503-381-0848
Date/time: Wednesday July 11th at 11:00 am
Location: Voz Workers Rights Education Project 1131 SE Oak, Portland, Oregon 97214
Description:  Visit offices of County Commissioners to provide information on voluntary ICE holds requests.


Contact: Ester Reyes
Email: [email protected]
Date/Time of Event: Wednesday July 11 at 12noon pm
Location: Travis County Sheriff’s Office at 5555 Airport Boulevard Austin, TX 78751
Description: Restoring Trust in Travis County” and will be a press conference and media event


Contact: Brendan O’Neill
Email: [email protected]
Date/Time of Event: Wednesday July 11, 2012 at 6:00pm
Location: UU Church Burlington 152 Pearl Street, Burlington, VT 05401
Description: Migrant Justice, the UU Church, and NY Rural Migrant Ministry Will team up to share how the faith community can work in solidarity to stop anti-immigrant policies such as Secure Communities, and ‘ICE-Holds’ in defense of Human Rights.

Contact: Sarahi Uribe
Email: [email protected]
Date/Time of Event: Tuesday July 10th at 9:30am
Location: Steps of the Wilson Building 1350 Pennsylvania Avenue NW Washington DC
Description: Press conference on the eve of passage of local bill to counteract impact of S-Comm and other harmful federal deportation programs

No S-Comm in New York! Come Protest Next Monday, May 14, 2012!

Keep New York Safe from ICE’s Deportation Machine! No S-Comm in New York! Join Us to Protest ICE’s May 15 Activation of its Mass Deportation Program in NY

WHEN: Monday May 14, 2012, 12pm-2pm

WHERE: 26 Federal Plaza New York, NY

Under S-Comm, local law enforcement send fingerprints of arrestees to the Department of Homeland Security database. This program will push even more immigrants into the unjust detention and deportation system, On June 1, 2011, Governor Andrew Cuomo suspended S-Comm in New York. But Immigration and Customs Enforcement (ICE) just announced that it would be activating its fundamentally flawed S-Comm program throughout the state on May 15. Join us in our call for an end to S-Comm!

Initial Sponsors: Immigrant Defense Project, Make the Road New York, New Sanctuary Coalition, New York Civil Liberties Union, New York State Working Group Against Deportation, New York Immigration Coalition

For more information, contact Michelle Fei at 484-466-6334 or [email protected]

Download flyer: English (PDF) / Spanish (PDF)

ALTO a Las Comunidades Seguras Ahora!

No más deportaciones. La policia no debe cooperar con los agentes de inmigración

Protesta en contra de la implementación del “Comunidades Seguras” en Nueva York

Cuando:  Lunes, 14 Mayo 2012 12pm-2pm

Donde:  26 Federal Plaza New York, NY

Bajo el programa de “Comunidades Seguras,” la policía local envía las huellas digitales a bancos de información de las personas arrestadas. Este programa empujará a más inmigrantes dentro del sistema injusto de detención y deportación. En el 1 junio del 2011, el Gobernador Cuomo suspendió el programa de “Comunidades Seguras.” Pero la Migra anunció que el fallido programa se implementará a través del estado el 15 de mayo. Los invitamos a que se unan a parar este programa.

Auspiciado por (lista en formación): El Proyecto de Defensa al Inmigrante, Se Hace Camino NY, Grupo de Trabajo del Estado en Contra de las Deportaciones, Coalición de Inmigración en Nueva York, La Unión De Libertades Civiles de Nueva York.

Para más información: llame Michelle Fei al 484-466-6334 o [email protected]