Following Illinois Gov. Quinn’s letter opting out of Secure Communities because of the way the enforcement program targets all undocumented immigrants, not just the so-called criminal ones, Immigration and Customs Enforcement head John Morton went to Springfield. Morton’s intentions were not to respect the will of the state government but rather to reinforce the idea that S-Comm is not something one can just opt-out from. On Friday, the Illinois House of Representatives responded by passing the Smart Enforcement Act (HB 929).

The bill, which passed by a vote of 66-43, with 17 Republican votes in favor, states that if Illinois is forced to participate in S-Comm it will do so we will do so based on terms that match Illinois values: accountability, local autonomy, effective law enforcement, due process, and respect for families.

Specifically, the Smart Enforcement Act will
· give counties the choice whether to participate in “Secure Communities”;
· offer a full accounting of the program’s impact and costs to local law enforcement; and
· require that this program be used only to identify and deport convicted criminals.

The bill is expected to move to the Illinois State Senate yet, but I have to wonder what the impact will be beyond rhetoric. I wonder of the possibility of local governments to sue the Feds for forcing an unconstitutional law that no matter how it is painted separates families and allows for more racial profiling within our communities. I suppose that within the confines of U.S. policy, bills like Smart make sense, but within the confines of humanity, outright resistance makes more sense.