Law Enforcement Leaders and Prosecutors Defend DACA
March 20, 2018
ICAP coauthors brief signed by 63 top law enforcement officials arguing DACA program increases cooperation with police and improves public safety
Over 60 prominent national law enforcement leaders, including current sitting Police Chiefs,Sheriffs, District Attorneys, Stateโs Attorneys, and Prosecuting Attorneys from 28 jurisdictions representing over 25 million people around the country are defending the Deferred Action for Childhood Arrivals (DACA) program, highlighting the essential benefits it provides to public safety by encouraging cooperation between immigrants and law enforcement, while warning of the damage to public trust rescinding the program would bring.
This group of prominent prosecutors and law enforcement leaders filed a friend-of-the-court (amicus) brief supporting a federal district court injunction to preserve DACA after the Trump Administration began unwinding the program in September 2017. The Department of Justice is challenging that nationwide injunction, which went into effect on January 9, 2018, and has appealed that order to the Ninth Circuit Court of Appeals. The case occupies an influential spot in the larger national debate on immigration policy, with the lives of 800,000 individuals brought to the country as children hanging in the balance.
โDACA protects individuals who have lived, worked, and studied as continuous residents of the United States for over a decade,โ said Miriam Aroni Krinsky, Executive Director ofย Fair and Just Prosecutionย and a signatory on the brief. โThese individuals are active members of our workforce and our social circles, and prosecutors and law enforcement leaders understand their importance to the rich and diverse fabric of our community. Beyond its cruel significance for those the program directly protects, an end to DACA would threaten a serious loss of public trust and cooperation between immigrant populations and law enforcement. These developments could set off a dangerous chain reaction that would jeopardize public safety.โ
Twenty eight current prosecutors and law enforcement leaders from diverse jurisdictions across the country were among the 63 signators on theย brief, including District Attorneysย Diana Becton(Contra Costa County, California),ย Mark Dupreeย (Wyandotte County (Kansas City), Kansas),ย Sim Gillย (Salt Lake County, Utah),ย Eric Gonzalezย (Kings County (Brooklyn), New York),ย Mark Gonzalezย (Nueces County (Corpus Christi), Texas),ย Larry Krasnerย (Philadelphia, Pennsylvania),ย Beth McCannย (2nd Judicial Circuit (Denver), Colorado),ย Raรบl Torrezย (Bernalillo County (Albuquerque), New Mexico) andย Cyrus Vanceย (New York County (Manhattan), New York), State Attorneyย Aramis Ayalaย (Ninth Judicial Circuit (Orlando) Florida), Stateโs Attorneysย Sarah George(Chittenden County (Burlington), Vermont) andย Marilyn Mosbyย (Baltimore City, Maryland), Prosecuting Attorneysย Dan Satterbergย (King County (Seattle), Washington) andย Carol Siemon(Ingham County (Lansing), Michigan), Police Chiefs Art Acevedo (Houston, Texas Police Department),ย Charles Beckย (Los Angeles, California Police Department)ย Kenneth Ferguson(Framingham, Massachusetts Police Department),ย Ronald Haddadย (Dearborn, Michigan Police Department)ย Chris Magnusย (Tucson, Arizona Police Department),ย Abdul Pridgenย (Seaside, California Police Department),ย Celestino Riveraย (Lorain, Ohio Police Department),ย Michael Tupperย (Marshalltown, Iowa Police Department), Sheriffsย Jerry L. Claytonย (Washtenaw County, Michigan Sheriffโs Office),ย Mark Curranย (Lake County, Illinois Sheriffโs Office),ย Tony Estrada(Santa Cruz County, Arizona Sheriffโs Office),ย Bill McCarthyย (Polk County, Iowa Sheriffโs Office),ย Joe Pelleย (Boulder County, Colorado Sheriffโs Office),ย Richard Wilesย (El Paso County, Texas Sheriffโs Office), and Commissionerย Charles Ramseyย (Philadelphia, Pennsylvania Police Department, retired).
The brief lays out the multitude of advantages DACA provides to law enforcement officials and reflects the perspectives and experiences of leaders in jurisdictions heavily impacted by immigration. The signatories hail a community policing approach based on trust and engagement between law enforcement and those they protect, and consider DACA to be crucial to maintaining that trust. Its absence, they argue, would inflame fears that neither undocumented immigrants nor their lawfully present family and neighbors could turn to the police without facing drastic consequences.
โRescinding DACA would be a devastating step backwards as my officers work to build trust with immigrant communities,โ said Chief Chris Magnus, of the Tucson, Arizona Police Department. โWithout that trust, we lose valuable lines of communication, witnesses to crimes, and information needed to protect populations that face heightened risks of crime and exploitation.โ
DACAโs guarantee of protection from deportation encourages helpful communication with law enforcement, without which community policing cannot thrive. Destruction of that public trust would hamper the capabilities of law enforcement and prosecutors while fostering crime-friendly conditions in at-risk communities, the briefโs signatories argue.
The amicus brief was authored by the Chicago law firm ofย Hughes Socol Piers Resnick & Dym, Ltd., in conjunction with Georgetown Lawโsย Institute for Constitutional Advocacy and Protectionย (ICAP). Fair and Just Prosecution, a national network of newly elected prosecutors committed to change and innovation, coordinated the amicus effort. In November of last year, the same organizations filed anย amicus briefย on behalf of prosecutors and law enforcement leaders in support of a lawsuit by the State of California resisting Trump Administration efforts to entangle local police in federal immigration enforcement.
โThis brief represents the expert opinions of leaders who interact with immigrant communities and work to preserve public safety on a daily basis,โ saidย Joshua Geltzer, ICAPโs executive director and visiting professor at Georgetown Law. โAt this critical juncture for resolving issues of immigration law and policy, their voices need to be heard. And they are clearly and definitively standing behind DACA.โ