Immigration and Custom Enforcement’s (ICE) controversial Secure Communities program is now active in all 100 counties in North Carolina, the program reported. It's interesting to note that ICE lacks sufficient bed space in North Carolina for detentions following a Secure Communities or 287(g) arrest. At present, a substantial majority of residents of North Carolina who are arrested pursuant to the above noted programs and have relief available from removal are being transported and housed in Stewart, GA or the North Georgia Detention facility. The bond hearings are held in Atlanta via televideo and/or telephone. This puts ICE at a distinct advantage as documents submitted by ICE are not reviewed by the aliens counsel and there is no one to hold the court to its burden of ensuring ICE plays by the rules.
Instead of racing to Secure Communities, ICE should have put some bed space into play so that residents captured in the net would have the opportunity to litigate their cases in their home state, near their families and where their lawyers have easier access to them.
Philip Eichorn
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