More Confusion Over Secure Communities: Did NY Make a Special Deal with Washington?

From the Restore Fairness blog-

Guest blogger: Catalina Jaramillo from Feet in 2 Worlds.

Immigrant advocates are increasingly worried about New York’s participation in the controversial fingerprint-sharing program Secure Communities.

Chung-Wha Hong, executive director of the New York Immigration Coalition said that 79% of the people placed in detention facilities or deported under Secure Communities were convicted of minor crimes or had no charges filed against them at all.

“We are fine with violent criminals being deported,” said Hong. “That is not the problem. This program is supposed to do that.” But she said that’s not what’s happening. “The vast majority of people who are caught in this program are innocent, have no criminal background, or have minor violations where people do not deserve to get deported.”

The New York State Division of Criminal Justices Services and Governor David Paterson assert that New York has a special agreement with the Department of Homeland Security regarding Secure Communities. In an interview with Telemundo47, Governor Paterson said that local jurisdictions within the state can choose whether or not to participate in the program, which would automatically transfer the fingerprints of anyone arrested by local law enforcement to a Department of Homeland Security database to check the person’s immigration status.

This program that the Federal Government asked us to be a part of, in which municipalities have a choice of whether or not they can opt in or not — which is what New York State was able to receive as opposed to other states — guarantees that this is only high level security threats whose information will be transferred.

Yet, Secretary of Homeland Security Janet Napolitano said on October 6 that the program was not optional.

On the other hand, John M. Caher, director of public information for the Division of Criminal Justice Services (DCJS), told El Diario that there was “a pledge made to this state by the Department of Homeland Security” that no community in New York will be forced to activate Secure Communities.  However, Caher said this is not discussed in the Memorandum of Agreement between New York and Immigration and Customs Enforcement (ICE). That document was signed by the Acting Commissioner of DCJS Sean Byrne.
Asked about other jurisdictions such as San Francisco and Santa Clara, California and Arlington, Virginia, who are trying to opt out unsuccessfully, Caher said he was not aware if those states received such a condition, so he was not sure if their experiences were relevant.

Ángela Fernández, executive director of the Northern Manhattan Coalition for Immigrant Rights and a strong critic of Secure Communities, said she hasn’t been able to confirm that New York State has a special deal with DHS.

“We said, can you show us another contract that says that New York is going to get special treatment on this issue, and they haven’t been able to produce it,” said Fernandez.  “They say there’s an email from the Department of Homeland Security that says that local jurisdictions can opt out. But we don’t feel confident with that.”

Attorney General Andrew Cuomo talked about Secure Communities while introducing the urban agenda for his gubernatorial campaign on Thursday.

The federal government is going to put out guidance on Secure Communities, and how they believe the states have to follow the law, obviously federal law would be the law and the state would ultimately follow the federal law. I think they have to be very careful in Secure Communities, because you don’t want to create a situation where people are afraid to report a crime, or afraid to testify, it could actually interfere with law enforcement and with public safety, so I think the federal government should tread very carefully.

Asked if there was a real possibility for local jurisdictions in New York to opt out of the program after Napolitano’s statement, Cuomo said “well that’s what we have to review.”

A statement sent to El Diario by Brian Hale, director of public affairs for ICE, established that if a county doesn’t want to activate Secure Communities they must ‘formally notify’ the state and ICE. Hale declined to elaborate further or explain exactly what that means. Hale added:

Secure Communities agreements are generally reached at the state level and activated locally on a set schedule. ICE seeks to work with local law enforcement agencies to address any concerns and determine next appropriate steps. If a jurisdiction does not wish to activate on its scheduled date in the Secure Communities deployment plan, it must formally notify both its state identification bureau and ICE.

Because of what advocates call ‘total confusion’ over whether it’s possible for local jurisdictions to opt-out, they are asking Governor Paterson to rescind the Memorandum of Agreement. It states that either party — the state or ICE — can terminate the agreement at any time on 30 days notice.

Comparing it to the stop-and-frisk database he limited the use of this summer, Paterson also told Telemundo47 reporter Luis Medina that advocates have to prove that Secure Communities affects low level offenders before he makes a decision. “I think there’s some confusion here. These organizations have to come forward and show us definitively that they have proof that the information was sent to INS (sic) on low level offenders, which is not what the intent of the memorandum of understanding is. If they can establish it, I will be happy to reconsider,” said Paterson.

Advocates say they are gathering evidence to send to the governor as soon as possible, but some say the facts have already been demonstrated.

“That’s ridiculous,” said Chung-Wha Hong of the New York Immigration Coalition. “There’s the New York Times editorial and there are cases. All he has to do is look at the cases that were submitted to the pardon panel. This is something that’s proven. So the ball is in his court, he needs to just make the decision.”

Photo courtesy of news.feetintwoworlds.org

Learn. Share. Act. Go to restorefairness.org

 

 

 

More Confusion Over Secure Communities: Did NY Make a Special Deal with Washington?

From the Restore Fairness blog-

Guest blogger: Catalina Jaramillo from Feet in 2 Worlds.

Immigrant advocates are increasingly worried about New York’s participation in the controversial fingerprint-sharing program Secure Communities.

Chung-Wha Hong, executive director of the New York Immigration Coalition said that 79% of the people placed in detention facilities or deported under Secure Communities were convicted of minor crimes or had no charges filed against them at all.

“We are fine with violent criminals being deported,” said Hong. “That is not the problem. This program is supposed to do that.” But she said that’s not what’s happening. “The vast majority of people who are caught in this program are innocent, have no criminal background, or have minor violations where people do not deserve to get deported.”

The New York State Division of Criminal Justices Services and Governor David Paterson assert that New York has a special agreement with the Department of Homeland Security regarding Secure Communities. In an interview with Telemundo47, Governor Paterson said that local jurisdictions within the state can choose whether or not to participate in the program, which would automatically transfer the fingerprints of anyone arrested by local law enforcement to a Department of Homeland Security database to check the person’s immigration status.

This program that the Federal Government asked us to be a part of, in which municipalities have a choice of whether or not they can opt in or not — which is what New York State was able to receive as opposed to other states — guarantees that this is only high level security threats whose information will be transferred.

Yet, Secretary of Homeland Security Janet Napolitano said on October 6 that the program was not optional.

On the other hand, John M. Caher, director of public information for the Division of Criminal Justice Services (DCJS), told El Diario that there was “a pledge made to this state by the Department of Homeland Security” that no community in New York will be forced to activate Secure Communities.  However, Caher said this is not discussed in the Memorandum of Agreement between New York and Immigration and Customs Enforcement (ICE). That document was signed by the Acting Commissioner of DCJS Sean Byrne.
Asked about other jurisdictions such as San Francisco and Santa Clara, California and Arlington, Virginia, who are trying to opt out unsuccessfully, Caher said he was not aware if those states received such a condition, so he was not sure if their experiences were relevant.

Ángela Fernández, executive director of the Northern Manhattan Coalition for Immigrant Rights and a strong critic of Secure Communities, said she hasn’t been able to confirm that New York State has a special deal with DHS.

“We said, can you show us another contract that says that New York is going to get special treatment on this issue, and they haven’t been able to produce it,” said Fernandez.  “They say there’s an email from the Department of Homeland Security that says that local jurisdictions can opt out. But we don’t feel confident with that.”

Attorney General Andrew Cuomo talked about Secure Communities while introducing the urban agenda for his gubernatorial campaign on Thursday.

The federal government is going to put out guidance on Secure Communities, and how they believe the states have to follow the law, obviously federal law would be the law and the state would ultimately follow the federal law. I think they have to be very careful in Secure Communities, because you don’t want to create a situation where people are afraid to report a crime, or afraid to testify, it could actually interfere with law enforcement and with public safety, so I think the federal government should tread very carefully.

Asked if there was a real possibility for local jurisdictions in New York to opt out of the program after Napolitano’s statement, Cuomo said “well that’s what we have to review.”

A statement sent to El Diario by Brian Hale, director of public affairs for ICE, established that if a county doesn’t want to activate Secure Communities they must ‘formally notify’ the state and ICE. Hale declined to elaborate further or explain exactly what that means. Hale added:

Secure Communities agreements are generally reached at the state level and activated locally on a set schedule. ICE seeks to work with local law enforcement agencies to address any concerns and determine next appropriate steps. If a jurisdiction does not wish to activate on its scheduled date in the Secure Communities deployment plan, it must formally notify both its state identification bureau and ICE.

Because of what advocates call ‘total confusion’ over whether it’s possible for local jurisdictions to opt-out, they are asking Governor Paterson to rescind the Memorandum of Agreement. It states that either party — the state or ICE — can terminate the agreement at any time on 30 days notice.

Comparing it to the stop-and-frisk database he limited the use of this summer, Paterson also told Telemundo47 reporter Luis Medina that advocates have to prove that Secure Communities affects low level offenders before he makes a decision. “I think there’s some confusion here. These organizations have to come forward and show us definitively that they have proof that the information was sent to INS (sic) on low level offenders, which is not what the intent of the memorandum of understanding is. If they can establish it, I will be happy to reconsider,” said Paterson.

Advocates say they are gathering evidence to send to the governor as soon as possible, but some say the facts have already been demonstrated.

“That’s ridiculous,” said Chung-Wha Hong of the New York Immigration Coalition. “There’s the New York Times editorial and there are cases. All he has to do is look at the cases that were submitted to the pardon panel. This is something that’s proven. So the ball is in his court, he needs to just make the decision.”

Photo courtesy of news.feetintwoworlds.org

Learn. Share. Act. Go to restorefairness.org

 

 

 

New York State Senate, Pork, and You: A Pathetic Primer

Via RochesterTurning...

Rottenchester's back on the mic at The Fighting 29th, bringing you more tasty nuggets of news and analysis.  The latest is a great roundup of the NY State Senate's desperate attempts to hide their pork "Member Items".  Honestly, they're like my 5 year old daughter trying to lie her way out of having broken something:


The Albany Times-Union has been trying to get a usable list of member items since June. Their first request went to court and the court ordered release of the items. So both houses released a list with the legislator's names blacked out. The Times-Union went back to court, which ordered the release of the items with names included. In response, the Senate released a list of items as images in a "locked" PDF. This meant that it was impossible to search the text in the 3,000 page file, and cutting-and-pasting parts of the file was prohibited.


Why should you care?  Well, if you give two craps about accountability and open government, and don't want your state senator to vote against your interests then buy your love, this is kinda important.

There's more...

The Option of Indefinite Denial: NYS Legis. Considers Auto Insurance Nightmare

Have you ever been in an accident? Have you ever had to go through the process of filing a claim with your auto insurance company? For any who have had their claims challenged they know that the deck is stacked against them. Insurance companies may require that claimants fill out additional forms, submit to "independent" medical examinations, and/or report to make statements under oath. Given the procedural hurdles a claimant must go through and the insurance company's ability to deny and then endlessly litigate claims, the average New York resident faces an uphill battle.

State Assemblyman Heastie has recently proposed a bill (A.8267) that would make life even easier for auto insurance companies (note that although the most recent legislative session ended the bill will likley be re-submitted as is). The bill proposes to allow insurance companies to disregard the current 30 day time limit they have to either pay or deny claims and extend it indefinitely with the caveat that the insurance company pay 2% interest a month on the claim and pay reasonable attorneys' fees once the claim is ultimately found to be valid. This measure applies across the board to all claimants that the insurance company decides to investigate for fraud. In theory, auto insurance companies would be able to indefinitely withhold benefits from all claimants in New York as long as they eventually paid 2% interest and reasonable attorneys' fees.

This law would mean that a person with a valid auto insurance claim who is incorrectly flagged and investigated as having filed a fraudulent claim may receive no payments for an indefinite period of time during which they receive nothing for their medical costs and lost wages.

Not only is this rule unfair in that it makes people wait needlessly for the valid claim that they are owed after paying their insurance premiums for years, it also assumes that a claimant can actually pay out of pocket lawyers' fees in the first place (plus their medical bills if they are uninsured), let alone that they can wait to be reimbursed for them at some unknown point in the future. This framework also creates an ironic situation in which claimants must continue to pay their premiums while their insurance company withholds the very benefits of their insurance policy from them.

There's more...

NYS Senate Minority Leader David Paterson Q&A, Wed, June 14

Cross Posted from The 10,000 Things

New York State Senate Minority Leader and Democratic Lt Governor candidate David Paterson will be the guest speaker at the next meeting of Democracy for the Hudson-Mohawk Region on behalf of the Democracy for New York Coalition.

Who:Sen. David Paterson
When:Wednesday, June 14, 7:00 PM
Where:Democracy for the Hudson-Mohawk Region
SEIU Building
155 Washington Ave, Albany, NY (Map)
(right next to the Albany Public Library)

There's more...

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