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In 2011, the Obama administration, after sending sharply and misleadingly conflicted messages, told states and localities that sharing fingerprints with Ice was essentially mandatory.
Roberto Villaseñor, the police chief of Tucson, Ariz., and a task force member who did endorse the report, said the police had to continue sharing fingerprints with the immigration authorities.
One of the biggest changes could be law enforcement sharing fingerprints with DHS only after conviction of a crime -- not after an arrest that may never lead to a conviction, he said.
Instead of allowing jurisdictions to stop sharing fingerprints with immigration enforcement, DHS now states jurisdictions can opt-out of receiving word back from immigration officials on the results of immigration checks -- which will not prevent local police from aiding in immigration enforcement.
"The original sound can't be reconstructed from the fingerprint," he said, "so storing and sharing fingerprints does not represent an infringement of the copyright".
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No two people — not even identical twins — have ever been shown to share fingerprints.
The clash over the Trust Act involves a federal program called Secure Communities, under which local authorities share fingerprints with federal immigration officials of everyone booked.
Obama administration officials have explained that as long as local jurisdictions continue to share fingerprints with the F.B.I. — a routine procedure — then the fingerprints will automatically flow into a general federal database accessible to Homeland Security Department officials.
Federal officials have warned that any state that declines to share fingerprints through the program will lose access to the criminal databases of other states and the federal government, seriously hampering crime-fighting efforts.
The new measures will also seek to close a loophole in anti-terrorism laws, revealed earlier this year, in which police are not allowed to share fingerprints or DNA samples from terrorism suspects held under control orders.
Local sanctuary ordinances do not bar participation, some argued, because Secure Communities requires local officials only to share fingerprints but does not require them to question or detain suspected illegal immigrants.
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