June 1, 2011

Mary Elizabeth Heffernan

Secretary of Public Safety and Security

Commonwealth of Massachusetts

Boston, Massachusetts

Dear Secretary Heffernan:

On behalf of JALSA and other advocacy organizations concerned with the civil rights of immigrants, we submit this follow-up letter regarding Secure Communities. Our concern is that Secure Communities by its very definition will negatively impact the civil rights of immigrants as well as those of persons perceived to be immigrants who would be subjected to the dictates of this program. Testimony from the local community meetings clearly demonstrates  significant opposition to Secure Communities and a fear of loss of civil liberties in Massachusetts. Because of that, it is extremely important that the Common- wealth understand the impact that Secure Communities has on all who live here.

In 2007, the Governor issued Executive Order 478. Section 2 of the Executive Order (now EO 526) states: “Each agency, in discharging its duties, shall consider the likely effects that its decisions, programs, services, and activities will have on achieving non-discrimination, diversity, and equal opportunity.” As the Secure Communities Program would be operated, in part, with the cooperation of a state agency, it is clear that before signing on, the Executive Office of Public Safety and Security should both understand whether participation would lead to discrimination against individuals and how to mitigate any such discriminatory impact.

We would also ask what planning has taken place now that the Executive Office has had an opportunity to see the impact of this program in Boston.   To what extent has your assessment of the impact in Boston been incorporated into planning for a statewide program?    What plans have you made to mitigate those effects as required by the Executive Order?

Civil rights and social justice organizations strongly support the Governor’s Executive Order and its faithful implementation. Failure to understand and seek to mitigate the civil rights effects of participation in the Secure Communities Program, in and of itself implies, at best, a neglect of the civil rights of persons who are immigrants or perceived to be immigrants. At worst, it sends the message of support for racial and ethnic profiling initiatives with a total disregard for the civil rights of persons who live in Massachusetts.

Respectfully,

Jewish Alliance for Law and Social Action

American Civil Liberties Union of Massachusetts

Charles Hamilton Houston Institute for Race and Justice

Community Change, Inc.

Fair Housing Center of Greater Boston

GLAD: Gay and Lesbian Advocates and Defenders

Lawyers Committee for Civil Rights Under Law

Massachusetts Transgender Political Coalition

Massachusetts Immigrant and Refuge Association

¿Oiste?

cc:  Honorable Deval Patrick

Secretary of Administration and Finance Jay Gonzalez

Assistant Secretary for Access and Opportunity Ronald Marlow

Working Committee for Civil Rights Initiative