The C.A.P. Effect: Racial Profiling in the ICE Criminal Alien Program

The Chief Justice Earl Warren Institute on Race, Ethnicity & Diversity, September 2009

9 Pages Posted: 21 May 2018

See all articles by Trevor George Gardner

Trevor George Gardner

Washington University in St. Louis, School of Law

Aarti Kohli

University of California, Berkeley - Chief Justice Earl Warren Institute on Law & Social Policy

Date Written: September 1, 2009

Abstract

The goal of the Criminal Alien Program (CAP) is to improve safety by promoting federal-local partnerships to target serious criminal offenders for deportation. Indeed, the U.S. Congress has made clear that Immigration and Customs Enforcement (ICE) “should have no greater immigration enforcement priority than to remove deportable aliens with serious criminal histories from the United States…” The Warren Institute’s analysis of arrest data pursuant to an ICE-local partnership in Irving, Texas demonstrates that ICE is not following Congress’ mandate to focus resources on the deportation of immigrants with serious criminal histories.

This study also shows that immediately after Irving, Texas law enforcement had 24-hour access (via telephone and video teleconference) to ICE in the local jail, discretionary arrests of Hispanics for petty offenses — particularly minor traffic offenses — rose dramatically. This report probes the marked rise in low-level arrests of Hispanics. Specifically, the report examines whether there was an increase in lawless behavior in the Hispanic community in Irving or whether there was a change in local policing priorities. The Warren Institute’s study of arrest data finds strong evidence to support claims that Irving police engaged in racial profiling of Hispanics in order to filter them through the CAP screening system.

Keywords: Immigration, racial profiling, ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security), DEPORT (Detention Enforcement and Processing Offenders by Remote Technology), police

Suggested Citation

Gardner, Trevor George and Kohli, Aarti, The C.A.P. Effect: Racial Profiling in the ICE Criminal Alien Program (September 1, 2009). The Chief Justice Earl Warren Institute on Race, Ethnicity & Diversity, September 2009, Available at SSRN: https://ssrn.com/abstract=3168885

Trevor George Gardner (Contact Author)

Washington University in St. Louis, School of Law ( email )

United States

Aarti Kohli

University of California, Berkeley - Chief Justice Earl Warren Institute on Law & Social Policy ( email )

2850 Telegraph Ave. Ste. 500
Berkeley, CA 94705
United States

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