The critical element of the program, whose formal name is Secure Communities: A Comprehensive Plan to Identify and Remove Criminal Aliens, is that, during booking in a jail, arrestees’ fingerprints will be checked against U.S. Department of Homeland Security (DHS) databases, rather than only against FBI criminal databases. ICE will automatically be notified if the fingerprints match fingerprints in the DHS system. It will then do follow-up interviews and “take appropriate action.” More Questions Than Answers about the Secure Communities Program (National Immigration Law Center, March 2009), www.nilc.org/immlawpolicy/locallaw/secure-communities-2009-03-23.pdf (last visited July 15, 2011), at 1.
 The danger of this entanglement and the questions it raises have been clear since the program began in 2008. For more information about the deficiencies of Secure Communities, see id.
 As ICE reports on its Secure Communities website, “Only federal DHS officers make immigration enforcement decisions, and they do so only after an individual is arrested for a criminal violation of state law, separate and apart from any violations of immigration law.” Secure Communities (ICE webpage, undated), www.ice.gov/secure_communities/ (last visited July 15, 2011).
 “3 Additional Missouri Counties to Benefit from ICE Program to Enhance Identification and Removal of Aliens Convicted of a Crime” (ICE press release, July 6, 2011), www.ice.gov/news/releases/1107/110706jeffersoncity.htm (last visited July 15, 2011).
 “The Basics,” Secure Communities (ICE webpage, undated), www.ice.gov/secure_communities/ (last visited July 15, 2011).
 “Next Generation Identification,” Fingerprints & Other Biometrics (FBI webpage, undated), www.fbi.gov/about-us/cjis/fingerprints_biometrics/ngi (last visited July 15, 2011).
 ICE email Re: Secure Communities, Sept. 2, 2010, http://uncoverthetruth.org/wp-content/uploads/FBI-SC-2169-2171.pdf (last visited July 15, 2011).
 Deployment Outreach Deep Dive: Creating SC Champions in the AOR (ICE training manual, undated), http://uncoverthetruth.org/wp-content/uploads/FBI-SC-2246-2261.pdf (last visited July 15, 2011).
 “NGI also expands the disclosure of personal information between federal agencies to an unprecedented degree. Through NGI, any time an individual provides biometric information to one federal agency, that information, without the person’s knowledge, becomes accessible to other federal agencies. NGI is slowly but steadily building a massive, easily searchable national database of personal identifying information.” Secure Communities and Next Generation Identification: The FBI’s “Big Brother” Surveillance Agenda (Center for Constitutional Rights, Cardozo Law School Immigration Justice Clinic, and National Day Laborer Organizing Network, July 6, 2011), http://uncoverthetruth.org/wp-content/uploads/7-6-11-Scomm-NGI-Fact-Sheet.pdf (last visited July 15, 2011).
 Compare Letter from Janet Napolitano, Sec’y of Homeland Security, to Rep. Zoe Lofgren (Sept. 7, 2010), Letter from Ronald Weich, Assistant Attorney General, Dep’t of Homeland Security, to Rep. Zoe Lofgren (Sept. 8, 2010), and ICE, Secure Communities: Setting the Record Straight (Aug. 17, 2010), with ICE, Secure Communities: Get the Facts (ICE webpage, undated), www.ice.gov/secure_communities/get-the-facts.htm (last visited July 15, 2011), and Elise Foley, “Napolitano Confirms There Is No Opt-Out Option for Secure Communities,” The Washington Independent, Oct. 6, 2010, http://washingtonindependent.com/99855/napolitano-confirms-there-is-no-opt-out-option-for-secure-communities (last visited July 15, 2011).
 From the program’s inception in October 2008 through May 31, 2011, ICE has administratively arrested or booked into custody 85,735 individuals with no criminal conviction, 61,924 individuals convicted of minor offenses, and 34,974 individuals with Level 2 convictions, compared to 80,424 individuals with Level 1 convictions. Thus, despite Secure Communities’ alleged focus on identifying, arresting, and deporting individuals with Level 1 convictions, 56.13 percent of all individuals arrested and booked into ICE custody had no criminal convictions or only minor convictions. Secure Communities: IDENT/IAFIS Interoperability Monthly Statistics through May 31, 2011 (ICE, June 13, 2011), www.ice.gov/doclib/foia/sc-stats/nationwide_interoperability_stats-fy2011-to-date.pdf (last visited July 15, 2011).
 See, e.g., Julia Preston, “States Resisting Program Central to Obama’s Immigration Strategy,” New York Times, May 5, 2011, www.nytimes.com/2011/05/06/us/06immigration.html (last visited July 15, 2011).
 Email from John Sandweg, Deputy Sec’y and Counselor, Dep’t of Homeland Security, to Tyler Moran, Policy Director, Nat’l Immigration Law Ctr. (May 23, 2011).
 See e.g., Letter from Congressional Progressive Caucus to President Obama (June 6, 2011); Letter from Rep. Zoe Lofgren to Charles Edwards, Acting Inspector General, Dep’t of Homeland Security, and Timothy Moynihan, Assistant Dir., Immigration and Customs Enforcement (April 28, 2011).
 “ICE Announces Improvements to Secure Communities Program” (ICE news release, June 17, 2011), www.nilc.org/immlawpolicy/LocalLaw/ICE-S-Comm-news-release-2011-06-17.pdf (last visited July 15, 2011).
 Id. at 2.
 Memorandum from John Morton, Dir., U.S. Immigration and Customs Enforcement, to All Field Office Directors, et al., Subject: Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens, June 17, 2011, www.ice.gov/doclib/secure-communities/pdf/prosecutorial-discretion-memo.pdf (last visited July 15, 2011; hereinafter “General Discretion Memo”).
 Memorandum from John Morton, Dir., Immigration and Customs Enforcement, to All Field Office Directors, et al., Subject: Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs, June 17, 2011, www.ice.gov/doclib/secure-communities/pdf/domestic-violence.pdf (last visited July 15, 2011; hereinafter “Victims and Witnesses Memo”).
 “Guest Message by ICE Director John Morton,” Office for Civil Rights and Civil Liberties Newsletter No. 8, June 2011.
 Victims and Witnesses Memo, supra note 18.
 Memorandum from John Morton, Dir., U.S. Immigration and Customs Enforcement, to All ICE Employees, Subject: Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens, Mar. 2, 2011, www.ice.gov/doclib/news/releases/2011/110302washingtondc.pdf (last visited July 15, 2011).
 Id. at 3.
 “ICE Agent’s Union Speaks Out on Director’s ‘Discretionary Memo’: Calls on the Public to Take Action” (AFGE National ICE Council press release, June 23, 2011), www.iceunion.org/download/286-287-press-release-pd-memo.pdf (last visited July 15, 2011).
 See, e.g., Michael J. Wishnie, “Introduction—The Border Crossed Us: Current Issues in Immigrant Labor,” 28 N.Y.U. Rev. L. & Soc. Change 389, 392–93 (2004), available from http://digitalcommons.law.yale.edu/fss_papers/927/; Stella J. Burch, “‘Good Reason to Believe’: Widespread Constitutional Violations in the Course of Immigration Enforcement and the Case for Revisiting Lopez-Mendoza,” 2008 Wis. L. Rev. 1109, 1146–50 (2008), available from http://digitalcommons.law.yale.edu/student_papers/67/; Bess Chiu, et al., Constitution on ICE: A Report on Immigration Home Raid Operations (Cardozo Immigration Justice Clinic, 2009), www.cardozo.yu.edu/uploadedFiles/Cardozo/Profiles/immigrationlaw-741/IJC_ICE-Home-Raid-Report%20Updated.pdf; “Vote of No Confidence in ICE Director John Morton and ICE ODPP Assistant Director Phyllis Coven” (AFGE National ICE Council press release, June 25, 2010), www.iceunion.org/download/259-259-vote-no-confidence.pdf; Matt Hildreth, “ICE Agents in Detroit Stalk Local Elementary School in Search for Undocumented Immigrants,” America’s Voice Blog, April 6, 2011, http://americasvoiceonline.org/blog/entry/ice_agents_stalk_elementary_school_searching_for_undocumented_immigrants/; Matt Hildreth, “Michigan Activists to Meet With Morton, Demand a Stop to ICE Abuses,” America’s Voice Blog, April 15, 2011, http://americasvoiceonline.org/blog/entry/michigan_activists_to_meet_with_morton_demand_stop_to_ice_abuses/; Van Le, “ICE Agents’ Union Denies Any Wrongdoing in Detroit School Raid,” America’s Voice Blog, May 5, 2011, http://americasvoiceonline.org/blog/entry/immigration_agents_union_denies_wrongdoing/ (all URLs in this note last visited July 15, 2011).
 General Discretion Memo, supra note 17, at 5.
 Victims and Witnesses Memo, supra note 18, at 2.
 FAQ: HSAC Task Force on ICE Secure Communities (undated).
 “ICE Announces Improvements to Secure Communities Program,” supra note 15, at 2.
 DHS Plan to Provide Training to State and Local Law Enforcement in the Secure Communities Program (CRCL & ICE, June 2011), http://crocodoc.com/v8XgOmE (last visited July 15, 2011).
 8 U.S.C. § 1357(d), 8 C.F.R. § 287.7(a).
 See, generally, Comments on U.S. Immigration and Customs Enforcement Draft Detainer Policy (National Immigration Project of the National Lawyers Guild, et al., Oct. 2010), www.legalactioncenter.org/sites/default/files/docs/lac/NGO-DetainerCommentsFinal-10-1-2010.pdf (last visited July 15, 2011).
 “ICE Announces Improvements to Secure Communities Program,” supra note 15, at 3.
 Complaints (DHS Office for Civil Rights and Civil Liberties webpage, Feb. 18, 2011), www.dhs.gov/xabout/structure/gc_1280776157114.shtm (last visited July 15, 2011).
 Memorandum from Margo Schlanger, Office for Civil Rights and Civil Liberties, Dep’t of Homeland Security, and Gary Mead, Executive Associate Dir., U.S. Immigration and Customs Enforcement, to All ICE and CRCL Personnel, Subject: Secure Communities Complaints Involving State or Local Law Enforcement Agencies, June 14, 2011, www.ice.gov/doclib/secure-communities/pdf/complaintprotocol.pdf (last visited July 15, 2011), at 1.
 Id. at 2.
 Id. at 3, emphasis added. (In the original memo, the entire quoted phrase is italicized.)
 Id. at 5.