Pro-immigration organizations are criticizing the Department of Homeland Security (DHS) because, according to them, the new regulation does not curb abuses by the local police. On the other side of the barricade there are stipulations that the old rules are being "diluted".

A couple of days ago the DHS chief, Janet Napolitano announced a revised interpretation of the old rule known as Section 287 (g). Since 2006, the law under the 287 (g) has allowed for cooperation between the federal and local governments in chasing foreigners who have committed federal crime. The revised 287 (g) also raises controversy.

New interpretation of Section 287 (g) announced by the DHS are to introduce common standards in regards to conditions governing the cooperation of local and federal governments. "The new agreement strengthens ICE's oversight of the program and allows us to better utilize the resources and capabilities of our law enforcement partners across the nation. This new agreement supports local efforts to protect public safety by giving law enforcement the tools to identify and remove dangerous criminal aliens," says John Morton, assistant secretary for Immigration and Customs Enforcement.

The local law enforcement officers are to focus on only those immigrants with a criminal record, who have committed murder, rapes, theft, robberies, kidnappings, or drug dealing. These goals were not clearly outlined in the previous document. ICE will also have an opportunity to improve oversight of what the local authorities are doing in regards to immigration issues.

Seventy-seven local jurisdictions of various levels have already joined the program. They have 90 days to sign the Memorandum Agreement.

In spite of the fact that the memorandum marks certain progress, immigrant advocates have serious objections against the new regulations. They argue that the revised regulation continue to allow local sheriffs and police officers to go after immigrants and charge them with the pettiest law violations.

According to Joan Friedland from National Immigration Law Center, the revised 287 (g) does not clearly lay out what methods are allowed in the pursuance of the federal goals. Neither does it contain any clause, important for the Latino population that would effectively prevent racial profiling when arresting immigrants.

The American Civil Liberties Union (ACLU), the oldest organization fighting for immigrant rights, has also raised its doubts concerning the program. According to Omar Jadwat, staff attorney with the ACLU, the revised 287 (g) does not solve the conflict between the goals of the local and federal governments. In his opinion, part of the changes that the Department of Homeland Security (DHS) is boasting about does not in fact constitute an improvement. If they result in any changes, their effectiveness will be minimal.

Twenty-five other immigrant and civil rights advocate groups joined the protest against the new 287 (g).

"It is surprising Napolitano did not simply shut this program down. Expanding this failed program is not in line with the reform the administration has promised" said Andrea Black, Coordinator of Detention Watch Network.

On the other end of the spectrum Republicans and groups demanding a more severe control by the immigration authorities are criticizing the government for making concessions. In their opinion, the new regulations are a threat to a consequent executing the immigration law. William Gheen, director of Americans for Legal Immigration (ALIPAC), a group that advocates against illegal immigration, is warning that loosening the requirements of the 287 (g) will cause more undocumented immigrants to commit crime. 

"Obama has blood on his hands. More Americans are going to die because of this decision", Gheen says.