Category Archives: Documents and Reports

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

ICE's October 2nd Mandatory Memo Released

January 9, 2012—Today, NDLON, CCR and Cardozo Immigrant Justice Clinic released a 9-page legal memo from the Immigration Customs Enforcement (ICE) agency dated October 2, 2010, just days before Department of Homeland Security Secretary Janet Napolitano announced Secure Communities would no longer be considered a voluntary program. The memo reversed the position of ICE, stated in an earlier memo, that making Secure Communities mandatory would raise constitutional concerns.

Click here to read a summary and explanation of the memo.

Click here to read the ICE “Voluntary Memo.”

Click here to read the newly released “Mandatory Memo.”

Letter to Office of Inspector General, US Dept of Justice from FOIA Plaintiffs

On August 17, 2011, plaintiffs in the suit NDLON v. ICE sent the following letter to OIG office of the DOJ.

“Dear Acting Inspector General Schnedar:

We write on behalf of the National DAy Laborer Organizing Network (NDLON), the Center for Constitutional Rights (CCR) and the Benjamin N. Cardozo Law SChool Immigration Justice Clinic (the Clinic) to request that your office conduct an investigation into the role of the Federal Bureau of Investigation (FBI) in the Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) Secure Communities program. As described below, such an investigation is urgently needed to provide transparency and oversight of the FBI’s role in this controversial program. A DOJ OIG investigation would complement the audit currently being conducted by the DHS Office of Inspector General.”

Read the full letter (PDF) by clicking here.

RESTORING COMMUNITY: A National Community Advisory Report on ICE’s Failed “Secure Communities” Program

NDLON and a National Community Advisory Commission published “RESTORING COMMUNITY: A National Community Advisory Report on ICE’s Failed “Secure Communities” Program,” an authoritative report on the failed Secure Communities program. Download available here or it can be read online below.



Letter to Office of Inspector General of DHS

Full Letter from NDLON, Cardozo Immigration Justice Law Clinic and CCR to the Office of the Inspector General of the Dept. of Homeland Security (PDF)


Dear Inspector General Edwards and Assistant Inspector General Richards:

…Enclosed are three disks containing documents we received through FOIA litigation, which we share as a resource for your investigation. This letter provides a guide to key documents…We have organized the letter and key documents according to topics we believe are essetnial to any thorough review of Secure Communities: (A) racial profiling, (B) the opt-out controversy and the legal authority to compel local participation, (C) the expansion of Secure Communities beyond its stated target of serious criminals, (D) privacy concerns and the role of the FBI, (E) impact on vulnerable populations, (F) costs at the state and local level, (G) the role of sub-contractors, and (H) the significance of modifications announced by ICE on June 17, 2011…”