New program to check illegal immigrants underway in Kern (BakersfieldNow.com)

New program to check illegal immigrants underway in Kern
By Carol Ferguson, Eyewitness News
Story Created: Oct 13, 2010 at 6:49 PM PDT

BAKERSFIELD, Calif. -- A controversial new program to check for illegal immigrants has started up in Kern County jails.

Under the new federal program, fingerprint data from local jails is being sent on to immigration officials. "Secure Communities" is being phased in across the country, and it's drawing protests in some areas.

The project went into effect in Kern's jails on Sept. 14.

"It ties into the system that we already have," Kern County Sheriff's commander Dan Leper told Eyewitness News on Wednesday. "Seamlessly, and without us being involved, it transmits that all to a data base."

Leper says when anyone is booked into jail, the fingerprints have been sent to local agencies, and then possibly the state and FBI to verify identity and check the individual's arrest record. For the last month, the fingerprints have also been sent to a national data base, and if there's a match then on to Immigration and Customs Enforcement, or ICE.

"It will search for anybody that had been previously convicted for a very serious felony -- such as rape, robbery, homicide, or is wanted for national security," Leper said. "Again, the data base is of people, individuals, in the country illegally."

"I think it's a good idea," Bakersfield resident Linda Houts said.

"Will they take the action?" Tony Rocha wondered about the new program. "Even if they get the information."

The program was started in 2008. So far it's in 685 jurisdictions in 33 states. ICE spokeswoman Virginia Kice said nationally, some 64-thousand people have been deported through Secure Communities.

"We look at the criminal history (of the individual) and immigration history, and determine whether to pursue follow-up enforcement," Kice told Eyewitness News by phone.

Leper said in the month it's been in place in Kern County jails, about three people a day have been identified through the program. He said Kern officials don't know anything about the specific reasons, jail officers only get a notice from ICE to put a hold on that person.

"It means don't release this guy, or this gal, until we've had the opportunity to conduct an interview and determine whether or not we should start a deportation process on them," Leper explained.

Leper said the individual will face any local charges before being turned over to ICE.

But, communities from Denver to San Francisco have debated the program. From ICE, Virginia Kice said both San Francisco and Santa Clara County want to opt out of Secure Communities, and ICE will meet with them about that.

Eyewitness News contacted Santa Clara County supervisor George Shirakawa, and he e-mailed back a statement on his position.

"From my perspective, S-Comm does not make our County safer because it creates fear among our residents and prevents them from reporting crime. I am especially concerned with the chilling effect on domestic violence cases and the effects on the family," Shirakawa wrote. "Our responsibility as a County is not to enforce immigration law at the expense of losing our residents' trust."

In other communities, protesters have raised issues of eroding public trust in law enforcement and whether the program violates human or civil rights.

Bakersfield resident David Fieber said he could understand the controversy in some communities.

"It's a hot button issue now," Fieber said. "I can see people, or communities wanting to stay away from it." But, he thinks the program sounds good if people who have committed serious crimes are being identified.

"This is just a tool," Kice responds. She said the program will help authorities not to miss "potentially dangerous criminal deportable aliens."

"It's a check," Commander Leper said. "It's a system of trying to identify these persons that might slip through our normal booking process and catch them before they have the opportunity to harm another person."

Tony Rocha has some doubts about the program. "I think we've got enough agencies out there gathering information on whether you're a citizen or not."

But, Linda Houtes thinks there are clear benefits.

"If you're not supposed to be here, you're not supposed to be here. I kind of thing that's the bottom line. Illegal is Illegal."