ICE Threatens More Immigration Raids In NJ

Federal agents with Immigration and Customs Enforcement say they're planning to do more raids in New Jersey because of new rules that ICE officials believe are too lenient.

As a result of what it calls "limited cooperation with local and state authorities," ICE says it has "no choice" but to conduct more arrests in local neighborhoods and at worksites in New Jersey.

ICE is reacting to a directive issued by Attorney General Gurbir S. Grewal limiting the types of voluntary assistance that New Jersey law enforcement officers may provide. The new rules are designed to strengthen trust between law enforcement officers and the state's immigrant communities.

Read more: NJ Imposes New Rules On Turning Over Unauthorized Immigrants

But the new rules, the agency says, will force ICE to do more arrests in areas that are not very safe for ICE officers and the community.

“The New Jersey Attorney General’s decision to further limit law enforcement’s ability to cooperate with ICE undermines public safety and hinders ICE from performing its federally-mandated mission,” said Matthew Albence, deputy director of ICE.

“Ultimately, this directive shields certain criminal aliens, creating a state-sanctioned haven for those seeking to evade federal authorities, all at the expense of the safety and security of the very people the New Jersey Attorney General is charged with protecting“

ICE considers New Jersey's rules "sanctuary-type policies" that undermine cooperative law enforcement efforts, give a false sense of protection to illegal and criminal aliens and are likely to have "disastrous consequences."

The agency pointed to a recent example of Luis Perez, released by Middlesex County Jail despite an ICE detainer and who was recently charged with a triple murder in Missouri.

Read more: ICE Criticizes Middlesex County Jail For Releasing Murder Suspect

Indeed, since April, ICE has conducted at least three raids in New Jersey and arrested nearly 200 people suspected of being undocumented immigrants.

Indeed, ICE's arrest rate increased 42 percent during 2017, according to athe Pew Research CenterNew Jersey has the fifth highest undocumented immigrant population in the nation; about 500,000 were living in the state in 2014, according to the Pew Research Center.

The attorney general's directive applies to all state, county and local law enforcement agencies, including police, prosecutors, county detectives, sheriff's officers, and correction officers, and seeks to ensure that immigrants feel safe reporting crimes to New Jersey law enforcement officers, according to the release.

Attorney General Directive 2018-6, known as the "Immigrant Trust Directive," provides that, except in limited circumstances, New Jersey's law enforcement officers:

• Cannot stop, question, arrest, search, or detain any individual based solely on actual or suspected immigration status;
• Cannot ask the immigration status of any individual, unless doing so is necessary to the ongoing investigation of a serious offense and relevant to the offense under investigation;
• Cannot participate in civil immigration enforcement operations conducted by ICE;
• Cannot provide ICE with access to state or local law enforcement resources, including equipment, office space, databases, or property, unless those resources are readily available to the public;
• Cannot allow ICE to interview an individual arrested on a criminal charge unless that person is advised of his or her right to a lawyer.

Grewal emphasized that nothing in the directive limits New Jersey law enforcement agencies from enforcing state law – and nothing in the directive should be read to imply that New Jersey provides "sanctuary" to those who commit crimes in this state.

He also said nothing restricts police from complying with federal law or valid court orders, including judicially-issued arrest warrants for individuals, regardless of immigration status.

"We know from experience that individuals are far less likely to report a crime to the local police if they fear that the responding officer will turn them over to federal immigration authorities," said Grewal. "That fear makes it more difficult for officers to solve crimes and bring suspects to justice."

These new rules are designed to "draw a clear distinction between local police and federal civil immigration authorities, ensuring that victims and witnesses feel safe reporting crimes to New Jersey's law enforcement officers," he said.

"No law-abiding resident of this great state should live in fear that a routine traffic stop by local police will result in his or her deportation from this country," he said.

The directive includes a number of specific exceptions and exclusions, including among others:

• Nothing stops officers from assisting federal immigration authorities in response to emergency circumstances.
• Officers may participate with federal authorities in joint law enforcement task forces, provided the primary purpose is unrelated to federal civil immigration enforcement.
• Nothing in the directive prevents officers from requesting proof of identity from an individual during the course of an arrest or when legally justified during an investigative stop or detention.

ICE photo