Tag: executive orders

Police Executive Order Invites Overfederalization

Yesterday, President Trump signed three executive orders to focus federal resources on fighting drug cartels, increasing overall public safety, and preventing violence against law enforcement officers.

Perhaps the most worrisome of these is the directive to “pursue appropriate legislation…that will define new Federal crimes, and increase penalties for existing Federal crimes, in order to prevent violence against Federal, State, tribal, and local law enforcement officers.”

While law enforcement officer safety is important, there is no evidence that local or state officials have been reluctant to capture and punish those who commit violence against police. Moreover, there is little empirical evidence that more punitive sentences deter crime generally.

Trump Executive Order Reestablishes “Secure Communities”

One of President Trump’s executive orders will reestablish Secure Communities (SCOMM), which was the most effective interior immigration enforcement program in decades. It was started during the Bush administration and rapidly expanded under Obama, eventually covering virtually all counties in the United States. It worked by checking the fingerprints of local and state arrestees against federal immigration and criminal databases. If Immigration and Customs Enforcement (ICE) suspected the arrestee of being an illegal immigrant they would issue a detainer to hold the arrestee until ICE could pick them up. The Obama administration ended SCOMM in 2014 and replaced it with the similar Priority Enforcement Program.

SCOMM was certainly effective at apprehending and deporting illegal immigrants but it did not make communities more secure from actual criminals. SCOMM was not rolled out nationwide all at once, but rather incrementally (by county) over a four year period of time, in a way unrelated to local crime rates. Social scientists were able to exploit this quirk of SCOMM’s implementation to see if it had an effect on local crime rates, which it would if illegal immigrants were more or less likely to commit violent or property crimes. To make communities more secure, SCOMM would have to have lowered local crime rates.

In a paper published in the prestigious Journal of Law and Economics, Thomas J. Miles and Adam B. Cox found that SCOMM had no effect on local crime rates. Elina Treyger, Aaron Chalfin, and Charles Loeffler similarly found that SCOMM had no effect on local crime rates. Their findings suggest several things. One, SCOMM did not make communities more secure from crime. Two, illegal immigrants are less crime-prone than many people think and probably have about the same level of criminality as natives. Three, a community’s cooperation with the federal government in enforcing immigration law doesn’t seem to raise crime rates (some people suggest that such cooperation makes policing less effective).

Secure Communities is an immigration enforcement strategy that was very effective at identifying and removing illegal immigrants. Many states, like California, will not cooperate with the federal government in this reiteration of SCOMM, so it will likely be less effective than before. However, SCOMM supporters cannot claim that the program makes communities more secure by reducing the amount of violent or property crime.

The Power of the Pen

The run-up to Tuesday’s State of the Union seemed downright ominous for those of us opposed to rule by presidential decree. “I’ve got a pen and I’ve got a phone,” the president warned uncooperative legislators: “we’re not just going to be waiting for legislation in order to make sure that we’re providing Americans the kind of help they need.” “You have to swerve really hard to the executive powers at a time like this,” a senior administration official told the Washington Post.

ObamaPenObama would, Press Secretary Jay Carney explained, “work with Congress where he can, [but] bypass Congress where necessary,” because 2014 was going to be “A Year of Action.” (Last year’s SOTU slogan was “Let’s Get It Done,” but I guess we didn’t git ‘er done).

Yet the unilateral actions mentioned in Tuesday’s speech are mostly Clintonian smallball: new “innovation centers”; expanding SelectUSA; a Biden-led review of federal job training; jawboning CEOs about unemployment, etc. (though I am curious where the president’s supposed to get the authority to conjure new retirement savings accounts into existence…)

Obama also issued a veiled threat that “with or without Congress,” he’d move forward on gun control. But it’s not much of a threat if last year’s list of 23 executive actions on guns is any indication. Contra the excitable Rep. Steve Stockman (R-TX), nominating a new ATF director and “review[ing] safety standards for gun locks and gun safes” do not “an existential threat to this nation” make.

All in all, the executive action items in the 2014 SOTU weren’t nearly as menacing as the hype. ““Stroke of the pen, law of the land,” kinda… lame.