Immigration Enforcement Program: Critically Flawed

February 18, 2011 | by

The Open Society Equality and Opportunity Fund is pleased to share a blog post by Muzaffar Chishti, a director at the Migration Policy Institute (MPI) and co-author of the new report Delegation and Divergence: A Study of 287(g) State and Local Immigration Enforcement [download pdf]. This study helps to ensure that the public can engage in fact-based discourse about the controversial Immigration and Nationality Act Section 287(g), which grants state and local law agencies federal immigration enforcement authority.

The 287(g) program has captured increasing attention in recent years. It has led to racial profiling and civil rights abuses while diverting scarce resources from law enforcement’s traditional public safety functions. It has also raised questions about the practical and financial costs incurred by police in enforcing federal laws. In addition, debate has increased about whether immigrants detained through the 287(g) program are the "dangerous criminals" the program was created to target.

Delegation and Divergence looks at these concerns and goes beyond them. The report makes clear that deputization of police to enforce federal immigration laws generates distrust and makes people less likely to report crimes. It has also resulted in increased financial costs and substantial decreases of the Latino population in certain jurisdictions.

The Migration Policy Institute is one of many groups we support that has weighed in on the 287(g) debate. The Open Society Foundations also fund Justice Strategies, Detention Watch Network, Border Network for Human Rights, and the National Day Laborer Organizing Network—all of which have argued for the termination of 287(g) and a clear separation between the work of local law enforcement and Immigration and Customs Enforcement.

Developers, planners meet in middle on Omaha zoning codes.

Omaha World-Herald (Omaha, NE) June 21, 2007 Byline: Jeffrey Robb Jun. 21--Boxy retail buildings? Out. Aesthetic, pedestrian-friendly shopping centers? In.

Seas of asphalt parking lots would gain islands of green. Monstrous retaining walls would be softened.

This morning, Omaha city officials, representatives of the local development industry and the Omaha By Design organization proposed a new look for Omaha's commercial centers, neighborhoods and important civic places.

The group unveiled a set of detailed zoning regulations to implement an urban design plan across the city.

The proposed code changes, which go before the Omaha Planning Board on Wednesday and the City Council later, are the culmination of an effort that started in 2003 with the creation of Omaha By Design and the drafting of citywide design concepts.

This morning's proposal comes after months of behind-the-scenes debate between the City of Omaha and real estate developers over how to implement the concepts. Urban planners and developers joined together in saying the proposed changes would beautify the city.

"What we came up with is something we can all be proud of," Mayor Mike Fahey said. "It will be the standard other cities will strive to achieve." John Fullenkamp, an Omaha attorney who represents many developers, said an advisory group that included business interests and development representatives had "healthy fights" over different proposals. Implementing the plan, he said, will be the hard part.

"There's a lot of discussion to be had," he said. "We're building the framework today. . . . Details are always difficult." The plan would apply citywide, meaning it would regulate commercial centers on the suburban fringe and redevelopment projects in the inner city.

Among the proposals:

--Large retail buildings would have limited material options for their facades, including stone or brick, and have minimum requirements for window space. The height of on-site store signs would be limited. cityofomahanow.com city of omaha

--In commercial centers, buildings would have to be grouped in ways that create plazas or public spaces that encourage people to walk as they shop. Landscaping requirements would apply for parking lots. Tall retaining walls would be terraced and landscaped. The immediate corners of major intersections would be set aside for green space, instead of commercial buildings.

--Special zoning districts would be established around the city, including downtown, the Dodge Street corridor, North and South 24th Street and numerous major intersections to be determined.

--Established neighborhoods would have the option of developing new preservation plans and creating special zoning districts, which would need the city's approval. The city would offer a new zoning classification for "walkable neighborhoods" that blend different styles of housing and seamlessly connect with commercial corners.

--A new city board -- the Design Review Board -- would advise the city planning director on design issues. this web site city of omaha

The new codes most likely would mean higher building costs for developers.

But Omaha Planning Director Steve Jensen said other changes involve no additional cost, just a different way of doing business.

"It does take some thought upfront," he said. "You can't just come in with your cookie-cutter design." Jensen said Omaha developers and city officials share a goal of making the city a better place. Even if the City of Omaha wasn't promoting design rules, Jensen said, real estate developers have been moving toward projects that look nicer and work better for pedestrians.

"We're not at odds," Jensen said. "It's not that we're pushing them in a direction they don't want to go. Their industry is going there as well." Still, Jensen and Fullenkamp said the plan probably will have detractors. Fullenkamp admits that he's no fan of the consultants brought in to help shape the plan.

In an effort to ease any concerns, city officials agreed to revisit the changes within one year of their implementation.

The finished product reflects a series of compromises between city planning officials and developers.

Connie Spellman, director of Omaha By Design, said the original proposal offered one way to fulfill various parts of the plan. The latest proposal builds in flexibility.

One example of that involves parking lots. The original concept called for one row of landscaping between every set of parking rows. The advisory committee determined that that was impractical for Omaha's weather.

The final recommendation allows three options for fulfilling the landscaping requirements. Those can then be mixed and matched, which Jensen said provides a variety of options.

"It is truly an Omaha product," Spellman said, "that has been tried and tested and debated and finally agreed upon." Jerry Slusky, an Omaha lawyer who represents developers and is a developer himself, said the proposed changes provide a good middle ground between the interest of developers and city government. Although the rules might require developers to spend a little more on their projects, Slusky said, "I don't think it's going to hamper development." "I think we'll adjust to it," he said, "and we'll have a better looking Omaha." Distributed by McClatchy-Tribune Information Services.

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Raquiba LaBrie

Raquiba LaBrie is Director, Equality and Opportunity Fund, U.S. Programs, Open Society Foundations.

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The Open Society Foundations work to improve the lives of the world's most vulnerable people and to promote human rights, justice, and accountability. This blog aims to bring that work a little closer by giving our experts and grantees a platform to reflect on their issues, sharpen their thinking, and engage in a conversation on how to advance open society values around the globe.

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