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New Hampshire Participation In Secure Communities Takes Many By Surprise

Posted: 05/10/2012 5:15 pm Updated: 05/10/2012 5:15 pm

Immigration Law

The Department of Homeland Security is moving ahead with plans to institute the controversial Secure Communities program in the state of New Hampshire. But the news has come as a surprise to many -- including the state's Attorney General, Michael Delaney.

"I can't confirm anything about the program in New Hampshire right now," Delaney told The Eagle Tribune on Wednesday. "[Immigration and Customs Enforcement] did not give me or anyone at my office any notification about the program." Various local sheriffs and police chiefs had also not gotten word of the program's implementation in their state, according to The Eagle Tribute.

The controversial federal program, piloted by the Bush administration and implemented by the Obama Administration, is meant to crack down on undocumented immigrants living in the state by mandating that local authorities share fingerprints of those who have been arrested by local police with ICE. While the program started as a voluntary program which states could opt out of, it is now mandatory and will be implemented nationwide by 2013.

Critics say the program promotes racial profiling due to a flawed implementation, and some local leaders aren't thrilled about the program starting their states. Massachusetts Governor Deval Patrick made his concerns public.

In a statement, Patrick said, "I'm persuaded that here in the commonwealth, we will give up more than we get. We run a serious risk of ethnic profiling and frankly fracturing incredibly important relationships in communities that are necessary for law enforcement."

While Connecticut and Rhode Island participate in the program, New York attempted to opt out when the Obama administration allowed states to do so. Just months after implementing the program, New York state rescinded its agreement to participate, citing concerns for immigrant communities.

"There are concerns about the implementation of the program as well as its impact on families, immigrant communities and law enforcement in New York," Cuomo wrote in a letter to the Department of Homeland Security. "As a result, New York is suspending its participation in the program."

But New Hampshire Governor John Lynch doesn't take issue with the program. A spokesperson for the Governor, Colin Manning, told The Eagle-Tribune that, "New Hampshire routinely shares data with the federal government."

"It's the federal government's decision," he said.

READ MORE ABOUT 10 OF THE MOST PIVOTAL U.S. IMMIGRATION LAWS BELOW:

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  • The Naturalization Act of 1790

    The Naturalization Act of 1790 was our country's first set of laws dealing with citizenship. Applicants had to be "<a href="http://rs6.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=226 " target="_hplink">a free white person</a>" of "good moral character." This excluded indentured servants and slaves. Good moral character was substantiated by establishing residence for at least one year in the state from where he was applying, and at least two years of residence in the country. The Naturalization Act of 1795 would extend that requirement to five years, and is still standard today.

  • The Fourteenth Amendment, 1868

    A Reconstruction Amendment that was added to the U.S. Constitution following the Civil War, the Citizenship Clause of the 14th Amendment establishes for the first time that children born on U.S. soil would be conferred U.S. citizenship regardless of their parent's citizenship status, race, or place of birth. Last year, Rep. Steve King (R-IA) introduced the <a href="http://www.govtrack.us/congress/bills/112/hr140 " target="_hplink">Birthright Citizenship Act of 2011</a> to Congress, and challenged this. The bill would require that at least one parent be a U.S. citizen or permanent resident for a child to be granted citizenship. According to the <a href="http://www.opencongress.org/bill/112-h140/text " target="_hplink">bill's text</a>, the Birthright Citizenship Act of 2011 would amend the Immigration and Nationality Act of 1952, and "clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth." Prior to this, Rep. Nathan Deal (R-GA) <a href="http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html " target="_hplink">introduced</a> a similar <a href="http://www.opencongress.org/bill/111-h1868/show" target="_hplink">bill</a> in 2009.

  • The Naturalization Act of 1870

    The Naturalization Act of 1870<a href="http://thepoliticsofimmigration.org/pages/chronology.htm " target="_hplink"> explicitly extended</a> naturalization laws to "aliens of African nativity and persons of African descent." This meant that for the first time, African-American children would be conferred citizenship upon birth. Asian immigrants and other people of color are excluded per the Naturalization Acts of 1790 and 1795.

  • The Page Act of 1875

    Named after Republican Representative Horace F. Page, this is the first U.S. federal immigration law to explicitly prohibit the immigration of a particular group: persons of Asian descent. Primarily meant to limit Chinese immigrant labor and prostitution, the Page Act prohibited the immigration of: (1) contracted labor from "China, Japan, or any Oriental country" that was not "free and voluntary," (2) Chinese prostitution and (3) criminals and women who would engage in prostitution. Ultimately, the <a href="http://www.uchastings.edu/racism-race/pageact.html " target="_hplink">Page Act</a> severely <a href="http://immigration-online.org/228-page-act-united-states-1875.html " target="_hplink">restricted</a> the immigration of Asian women. Only 136 of the the nearly 40,000 Chinese immigrants who arrived in the months before the bill's enforcement were women. And, it would pave the way for the Chinese Exclusion Act. In this picture, Michael Lin, chair of the 1882 Project, a coalition of rights groups seeking a statement of regret over that year's Chinese Exclusion Act, speaks on May 26, 2011 in Washington, DC, at the US House of Representatives in front of a reproduction of a 19th-century sign that aimed at rousing up sentiment against Chinese Americans. Lawmakers introduced a bill that would offer an official statement of regret for the act, which banned further immigration of Chinese to the United States and ended citizenship rights for ethnic Chinese. (AFP PHOTO/SHAUN TANDON).

  • The Chinese Exclusion Act, 1882

    Signed by President Chester A. Arthur, the <a href="http://www.pbs.org/weta/thewest/resources/archives/seven/chinxact.htm " target="_hplink">Chinese Exclusion Act</a> was the first federal immigration law to prohibit immigration on the basis of race. The bill barred all Chinese laborers, skilled and unskilled, from immigrating to the U.S. for ten years. It was made permanent by 1903, and was not lifted until the 1943 Magnuson Act. The 1898 Supreme Court <a href="http://ocp.hul.harvard.edu/immigration/exclusion.html " target="_hplink">decision</a> in <em>United States v. Wong Kim Ark</em> finally extended naturalization laws to persons of Chinese descent by ruling that anyone born in the United States was indeed a U.S. citizen. This editorial cartoon from 1882 shows a Chinese man being excluded from entry to the "Golden Gate of Liberty." The sign next to the iron door reads, "Notice--Communist, Nihilist, Socialist, Fenian & Hoodlum welcome. But no admittance to Chinamen." At the bottom, the caption reads, "THE ONLY ONE BARRED OUT. Enlightened American Statesman--'We must draw the line <em>somewhere</em>, you know.'" (Image Source: Frank Leslie's illustrated newspaper, vol. 54 (1882 April 1), p. 96. [Public domain], via <a href="http://commons.wikimedia.org/wiki/File:The_only_one_barred_out_cph.3b48680.jpg" target="_hplink">Wikimedia Commons</a>).

  • The Naturalization Act of 1906

    The Naturalization Act of 1906 further <a href="http://www.understandingrace.org/history/gov/eastern_southern_immigration.html" target="_hplink">defined</a> the naturalization process: the ability to speak English was made a <a href="http://www.enotes.com/topic/Naturalization_Act_of_1906" target="_hplink">requisite</a> for immigrants to adjust their status.

  • The Immigration Act of 1924

    U.S. President Coolidge signed this U.S. federal <a href="http://history.state.gov/milestones/1921-1936/ImmigrationAct " target="_hplink">bill</a> into law. It capped the number of immigrants who could be admitted entry to the U.S. and barred immigration of persons who were not eligible for naturalization. And, as the Naturalization Act of 1790 required, an immigrant had to be white in order to naturalize. The quotas varied by country. Image Source: Flickr Creative Commons, <a href="http://www.flickr.com/photos/nycmarines/6306315902/" target="_hplink">NYCMarines</a>.

  • The Immigration and Nationality Act of 1952 (The McCarran-Walter Act)

    The <a href="https://docs.google.com/viewer?a=v&q=cache:zwaVG82lZisJ:www-rohan.sdsu.edu/dept/polsciwb/brianl/docs/1952McCarranWaltersAct.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESjEwx76FIBTixZAfyncZz-1CSuSeciv5qB6vvWTrUfW58XRpXq8zkpnI57XSuuG5Bu-WSySGbEhxYvZxP7y6qDQuOsDhgDa6qUqUaJ8F4imTzKJsVtppHc_-eew2dK6vGhoIUZs&sig=AHIEtbTNQ5GFiNMVS-xyThq8VVSj_gG9KA " target="_hplink">McCarran-Walter Act</a> kept up the controversial Immigration Act of 1924, but <a href="http://history.state.gov/milestones/1945-1952/ImmigrationAct" target="_hplink">formally</a> ended Asian exclusion.

  • Immigration and Nationality Act of 1965

    When President Lyndon Johnson signed the Immigration and Nationality Act of 1965, it <a href="http://library.uwb.edu/guides/USimmigration/1965_immigration_and_nationality_act.html" target="_hplink">abolished</a> the quota system that favored immigration from Europe and limited immigration from Asia and South America.

  • Illegal Immigration Reform and Immigrant Responsibility Act of 1996

    The 1996 <a href="http://www.uscis.gov/ilink/docView/PUBLAW/HTML/PUBLAW/0-0-0-10948.html " target="_hplink">Illegal Immigration Reform and Immigrant Responsibility Act</a> (IIRIRA) is a piece of legislation that <a href="http://library.uwb.edu/guides/usimmigration/1996_illegal_immigration_reform_and_immigrant_responsibility_act.html " target="_hplink">defined</a> an array of issues to do with legal and illegal immigration -- from outlining how border patrol agents should administer visa processing, to the minutiae of how to handle deportation proceedings -- IIRIRA established enforcement and patrolling practices.

Also on HuffPost:

FOLLOW LATINO VOICES

The Department of Homeland Security is moving ahead with plans to institute the controversial Secure Communities program in the state of New Hampshire. But the news has come as a surprise to many -- i...
The Department of Homeland Security is moving ahead with plans to institute the controversial Secure Communities program in the state of New Hampshire. But the news has come as a surprise to many -- i...
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voyager48
Illegitimi Non Carborundum
12:32 PM on 05/15/2012
Ignorantia juris non excusat

Smoke and mirrors: This has been a matter of public record for quite some time.

http://www.ice.gov/doclib/secure-communities/pdf/sc-activated.pdf
mira chancleta
C'mon, there's NO "La Tino" race
10:33 PM on 05/13/2012
For those still thinking that the "immigration" problem is just in Texas and California, WAKE-the-Hell-UP!.

Unless there was a catastrophic seismic shift last night that moved New Hampshire to the Rio Grande, this news should wake Americans up like a chilled enema in the middle of the night...to how wide-spread the ILLEGAL ALIEN pollution has been.

New Hampshire? Seriously?

This country will not resemble itself today, in a couple of decades, and all our leaders will be securely esconced in their private island enclaves in the Alps...wow, America when will you finally wake-up?
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HUFFPOST SUPER USER
Valli22
liberal elitist old lady
05:25 PM on 05/13/2012
I am sure that if you are a foreign national residing in say, France, England Australia or almost any country that from time to time you would have to prove that you are there legally....Employers of undocumented workers cannot have it both ways.
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HUFFPOST SUPER USER
BeasTT
01:47 PM on 05/12/2012
I was profiled today.

I used my credit card, and was asked for ID.

OMG, who knew Visa was racist ?
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spytheweb
Black Democrat
11:32 PM on 05/11/2012
Secure communities takes effect Jan 2013 nationwide, you're telling me they didn't know this? It's only controversial to illegal aliens and their supporters. If you don't commit any crimes, ICE won't have your fingerprints.

I bet they don't know the Real ID Act goes into effect Jan 2013 nationwide also, playing stupid won't work. To board a FAA aircraft or enter a federal building people must have a Real ID driver license or state ID or a US passport. States are dragging their feet on letting people know about this so there will be surprises when people try and board aircraft at the airport.

Real ID requirements:

"For Non-Citizens:Valid, unexpired Permanent Resident Card – I-551 for Lawful Permanent ResidentsValid Passport for non-immigrants except for asylum applicants and refugeesOther government issued document showing your full nameDepartment of Homeland Security document showing proof of lawful presenceIf your name has changed by marriage/divorce, you must have your name changed on your Citizen and Immigration Services (CIS) documents.Both Citizens and Non-Citizens will need to bring:
Your Social Security Card or proof of your social security number."
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voyager48
Illegitimi Non Carborundum
12:27 PM on 05/15/2012
Plus probably the only thing I will applaud Obama for is his support for the strengthening of E-Verify by adding photo ID to the database. While I believe it should include much broader biometric data, it will do for a start. Many illegals use a relative's social security number to work here. That will further close the illegal immigration door and take the motivation out of fake ID's.
11:02 PM on 05/11/2012
In order to be subject to SCom, the person must have been ARRESTED for some other crime other than immigration violations. Since when do we need to keep criminals safe from prosecution of their other crimes? This is so stupid to have any kind of controversy over this one can only think that they want more crimes.

I liked the solution Don Horn did in my city of Houston. He simply shot and killed two illegals who were burglarizing his neighbors home. We need more Don Horns. Problem with SCom solved!
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09:23 PM on 05/11/2012
I have been finger-printed several times in my life, [i.e. drivers' license, jobs], provide birth certificate on admission to university and passport application, show photo ID on numerous occasions.
Check into a hotel or cross national boundaries of many European countries and you are asked for your passport.
What's the big deal? I know the answer. It's played out in California every day.
It would seem illegal aliens want to circumvent our laws of the land and national security laws.
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inthedesert
Those who never question will fall for anything.
10:42 AM on 05/13/2012
Fanned and faved. It's quite obvious that illegals want a separate set of laws for themselves that will keep them hidden and "under the radar" at all times. My profession required that I be finerprinted before I could work. I am asked for ID if a cop stops me. Why would anyone be against having ID?
08:19 PM on 05/11/2012
Why is ending the crime spree of intruding foreign career criminals even "controversial"? Maybe because the anti-American media supports their stealing from, and killing of, Americans?
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Snake1994
Snakebite!
03:27 PM on 05/11/2012
I guess that think all local authorities are racists, not just in Arizona.
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HUFFPOST SUPER USER
BiggpussJr
pissin em off one comment at a time.
10:22 AM on 05/11/2012
Again trying to scare immigrants. If they would stop using the term, "immigrant when refering to illegal immigrants" this would be a non-issue. Immigrants are welcome, ILLEGAL immigrants are not. Very simple. And as far as "profiling" it is a fact that the majority of ILLEGAL immigrants come from south of the border, so that is who needs to be looked at. If the majority were Eskimoes then that is who you need to look at. I say Profile away.
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spytheweb
Black Democrat
11:36 PM on 05/11/2012
You mean illegal aliens. Illegal immigrants is a oxymoron, you can't be illegal and a immigrant too. Immigrants are here legally.
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HUFFPOST SUPER USER
BiggpussJr
pissin em off one comment at a time.
09:55 AM on 05/12/2012
Actually it is not incorrect. It is the proper term. I am trying to be less inflamatory.

Illegal immigration is the migration into a state in violation of the immigration laws and sovereignty of that nation.
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inthedesert
Those who never question will fall for anything.
10:43 AM on 05/13/2012
You got it. This continued use of "immigrant" when referring to illegals is ruining the reputation of legal immigrants from Mexico now.
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HUFFPOST SUPER USER
BiggpussJr
pissin em off one comment at a time.
02:17 PM on 05/13/2012
Agreed. Since the 1800's there has been a large legal immigration of Mexicans to the US and they have been welcome, but unfortunatly they are being lumped in with the ILLEGAL groups that are snaking in now. And that is not fair to them. Being anit illegal is not being anti immigrant. They are 2 seperate issues.
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Viper1st
multi quasi faceted
09:02 AM on 05/11/2012
Law Abiding U.S. Citizens are not affected by Secure Communities ~

Only,

Unlaw Abiding illegals are affected

"Don't see a problem here"

As do the families of the real victims of unlaw abiding illegals ~

http://www.ojjpac.org/memorial.asp
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HUFFPOST SUPER USER
dtairtime
It is what it is
12:45 AM on 05/11/2012
Poor criminals thought they had a free pass to continue to commit crimes beyond immigration offenses.

With all the media printing, with HP leading the charge, who can blame them for thinking that illegal immigration meant nothing.
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inthedesert
Those who never question will fall for anything.
10:44 AM on 05/13/2012
Right on!!!!
HUFFPOST SUPER USER
nasknit
Freedom isn't free.
11:11 PM on 05/10/2012
" "There are concerns about the implementation of the program as well as its impact on families, immigrant communities and law enforcement in New York," Cuomo wrote in a letter to the Department of Homeland Security. "As a result, New York is suspending its participation in the program." " What do Legal Immigrants have to fear?
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spytheweb
Black Democrat
11:40 PM on 05/11/2012
"New York is suspending its participation in the program."

As of Jan 2013 secure communities becomes federal law nationwide. That means in all states. As does the Real ID Act. Can't board a FAA aircraft without a Real ID or valid passport, nationwide.
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HUFFPOST SUPER USER
magyart
09:32 PM on 05/10/2012
Secure Communities has been implemented across the nation, with hardly a whimper. Everyone that is arreseted is treated in the same manner. Finger prints for legal and illegal residents are sent to the FBI, which shares them with ICE.

There is absolutely no record of it resulting in racial profiling. Racial profiling is "bad policing" not the fault of SC or even SB1070. The local police will NOT change their currect fingerprint process. They send fingerprints to the FBI, which is a federal agency. It's the FBI that shares the data with another federal agency, ICE. Feds are responsible for immigration enforcement and it's the feds managing this program.

Once again we see illegal residents wanting to be exempt from our laws and receiving support of the Gov. and other politicians.

Remember to vote against the politicians that support ILLEGAL residents, over LEGAL residents.
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HUFFPOST SUPER USER
dtairtime
It is what it is
12:46 AM on 05/11/2012
The computer program looks harder at hispanic sounding names. Didn't you know that?
08:20 PM on 05/11/2012
:) :) :)
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TggerJen
Protect at snowleopard.org
07:23 PM on 05/12/2012
Excellent comment! F&F!
08:27 PM on 05/10/2012
You know, New Hampshire is way off up there, a long way from the rest of the United States that has known about Secure Communities for a long time. And, with the death of newspapers, you can't blame the State's Attorney General for being unaware of this program. Why, if it's not "covered" by Jon Stewart or Colbert or some other "journalist", who would even know?!
mira chancleta
C'mon, there's NO "La Tino" race
10:46 PM on 05/13/2012
....how true and how sad your observation...what happened to this country?
Its inertia in defending its own sovereignty and political autonomy is heart-breaking...thanks again.