There is one area in which we share common ground with state Rep. David Balmer:
Secure Communities, the federal program designed to identify and deport illegal immigrants with serious criminal backgrounds, is a sound program that will make our state safer.
However, we think Balmer’s bill to punish Colorado communities that would “opt out” of the program is unnecessary since there is no waiver process for Secure Communities.
The federal government is moving as fast as it can to resolve technical issues and get local jurisdictions integrated into the program.
By 2013, the program will go nationwide and those communities that have not stepped up already will, for all practical purposes, be forced to participate.
We had this conversation last fall with Department of Homeland Security officials when Secretary Janet Napolitano visited the Post editorial board.
And we double-checked the issue this week with DHS officials. Secure Communities, at its core, is a data- sharing agreement between two federal departments — Justice and Homeland Security. It is not voluntary for local jurisdictions.
This is how the system works: Fingerprints collected at local jails are sent to the FBI for criminal background checks. With Secure Communities, those fingerprints are then sent by the FBI to Immigration and Customs Enforcement (ICE) for a check on immigration status.
The only way local entities would have any way of opting out would be to refuse to send fingerprints up the line for a criminal background check.
Such a move would be dangerous since jailers would not know the complete criminal histories of the people held in their cells.
The other thing local communities could possibly do to thwart Secure Communities would be to turn dangerous illegal immigrants loose before ICE came to pick them up.
Keep in mind that Secure Communities is designed to deport those in the U.S. illegally who have serious criminal backgrounds.
We cannot imagine there is a community in Colorado, no matter how sympathetic residents may be to the difficulties faced by illegal immigrants, that would stand for the hurried release of such inmates.
Balmer, a Centennial Republican, has pitched House Bill 1140 as a way to force all communities in the state to participate in Secure Communities. The bill, which already has passed the House, seeks to punish non-participants by withholding certain state funding.
In response to criticisms, Balmer has said amendments would delay the effects of the bill for “quite a while,” until the state’s 64 counties were able to participate. By that time, it likely would be a moot point.
DHS officials tell us they are working through technical issues with governments on a case-by-case basis to ensure each jurisdiction has the capability to participate.
We think Balmer’s bill serves only to fan the flame of anti-illegal immigrant rhetoric. It’s a heavy-handed attempt to address a situation that we believe will be resolved satisfactorily without further state intervention.
