California Attorney General Kamala Harris assured local law enforcement officials Tuesday that they would be on firm legal ground if they did not comply with the federal Secure Communities program that encourages cooperation in the deportation of illegal immigrants.

Local officials have been caught in a crossfire between state and federal officials, and buffeted by their own vocal constituencies, over the program, which requires that fingerprints of all arrestees be sent to federal immigration officials who may then ask that the suspects be held for deportation.

Harris said the federal program, begun in 2008, has not performed as billed. Despite assurances that Secure Communities was targeted at criminals, 28% of those ordered deported did not have a record. That number had not changed since California complained about the lack of focus a year ago.

U.S. Immigration and Customs Enforcement (ICE) statistics gathered by the Associated Press show that 2,388 illegal immigrants were deported between March 1 and June 30 after arrests in California although they had no convictions. Nearly 4,100 convicted felons and 1,955 convicted of misdemeanors were deported under the program during the same time period.

Some law enforcement officials, like Los Angeles County Sheriff Lee Baca, said they felt compelled to cooperate with the federal government, but Harris assured them that compliance with that law was not mandatory.

The state Legislature attempted to remove the ambiguity of cooperation when it passed the TRUST Act earlier in the year. It would have prohibited police from detaining a person on an immigration hold if they are not charged with or convicted of a serious or violent crime. But Governor Jerry Brown vetoed the so-called Anti-Arizona law. Brown said he was concerned that the list of crimes covered by the law would have allowed serious criminals to remain in the country.

Immigration activists and their supporters in the Legislature are gearing up for another run at passing a new version of the bill.

–Ken Broder

To Learn More:

Local Police Can Decide Whether to Hold Illegal Immigrants, State Attorney General Says (by Lee Romney and Cindy Chang, Los Angeles Times)

Will the Third Time Be the Charm for the TRUST Act in California? (by Ben Winograd, Immigration Impact)

Official: It's up to Police to Hold Immigrants (by Paul Elias, Associated Press)

Standoff Looms if Brown Signs TRUST Immigration Bill (by Ken Broder, AllGov California)