Cardozo Public Law, Policy and Ethics Journal
Abstract
The note argues that the Secure Communities program, initiated by the Department of Homeland Security (DHS) in 2008, operates unlawfully under the Administrative Procedure Act (APA) and raises significant constitutional concerns. By bypassing notice-and-comment requirements and failing to address public concerns, the program has led to racial profiling, pretextual arrests, and widespread detention of noncriminal individuals, undermining its stated goals and eroding community trust in law enforcement. The analysis calls for immediate cessation of the program and congressional funding due to its legal violations and harmful consequences.
Disciplines
Human Rights Law | Immigration Law | International Law | Law
Recommended Citation
Hannah Weinstein,
S-Comm: Shattering Communities,
10
Cardozo Pub. L. Pol’y & Ethics J.
395
(2012).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol10/iss2/6