Middlesex County: Why We Don't Comply With ICE Courtesy Holds

NORTH BRUNSWICK, NJ — Despite being repeatedly blasted by ICE as such, Middlesex County officials continue to insist they are not a "sanctuary county."

The back-and-forth comes as ICE picked up 37 undocumented immigrants here in Middlesex County just last week, 16 of which had just been released from the county jail. To understand the hot-button issue, here's a look at how illegal immigration is policed, and how Middlesex County chose not to comply with ICE's standard protocol:

Normally, if an undocumented immigrant is arrested and charged with a crime, ICE requests county jails hold the person for a maximum additional 48 hours so they can be picked up by federal immigration officers.

Such faxed requests as known as "courtesy holds," and many county jails across America comply with them, particularly in Republican parts of the country. The neighboring Monmouth County jail prides itself on their compliance, for example. But such courtesy holds have been criticized by immigration advocates and leading Democrats as potentially unconstitutional, and violate the detainee's Fourth Amendment rights (the right against unreasonable search and seizure).

In fact, in some parts of the country lawsuits have been filed against county jails, arguing that courtesy holds are illegal. In fact, a lawsuit was filed against the Maricopa County, Arizona jail last February, and the county jail there no longer complies with courtesy holds.

In June of 2017, the Middlesex County Board of elected Freeholders, which oversee jail operations and is made up of nearly all Democrats, unanimously voted to refuse to honor ICE's two-day hold orders, unless the detainee has been convicted of a first- or second-degree serious offense, or was the subject of a final order of deportation signed by a federal judge. A first- or second-degree offense includes crimes such as murder, drug distribution, carjacking and sex assault; a detainee must have been convicted — and not simply be a suspect — to be released under the jail's policy.

Speaking to Patch this week, Middlesex County maintains they are trying to follow the letter of the law, and protect the county from being sued.

"If an inmate has not been previously convicted of a first- or second-degree offense or been the subject of a previous order of deportation, the county will not hold an inmate past their release date due to the current state of federal and state court decisions," said Middlesex County spokeswoman Stacey Bersani. "Which have held that a county will be exposed to liability claims of false imprisonment if the inmate is acquitted of the charges against them. The county’s responsibility in these instances is to protect the County taxpayers against such liability claims."

Middlesex County is the first — and so far, only — county in New Jersey to refuse such requests, although the city of Newark has similarly ignored ICE detainer holds.

ICE counters that by choosing not to comply, Middlesex County is releasing dangerous people back onto the streets.

Just last week, ICE picked up 37 illegal aliens in Middlesex County, 16 of which had previously been held at the county jail and released. Those 16 included a Mexican national wanted by Perth Amboy police for murder, a 21-year-old citizen of Turkey wanted in South Brunswick for burglary and a Honduran citizen wanted in New Brunswick for aggravated assault and weapons possession.

In fact, the county jail released a 32-year-old Mexican citizen who was convicted on May 18 of this year for aggravated criminal sexual contact and was required to register under Megan's Law. He was released by the Middlesex County jail on May 21, despite a request by ICE to hold him. Aggravated criminal sexual contact is a third-degree crime.

Middlesex County maintains that ICE can have a federal judge issue a warrant for their arrests if they want them held. Except that's something ICE simply doesn't bother to do, Middlesex officials say.

"ICE representatives have been repeatedly advised that the county will honor every order issued by a federal judge to detain an inmate," said Bersani. "ICE has the legal authority and the resources to secure such orders, but has chosen not to."

"Middlesex County chose not to comply with the detainer holds because they are illegal," local Highland Park immigration rights advocate Ellen Whitt told Patch last year. "If ICE wants to arrest someone, they can issue a warrant for their arrest. But they would rather send a fax to local jails, asking them to simply hold someone until they get around to picking them up. It violates everyone's Fourth Amendment rights."

The Middlesex County jail is located in North Brunswick.

Past Patch reporting on this issue:

ICE Arrests 37 Immigrants In 'Sanctuary' Middlesex County (July 16, 2018)

ICE Arrests 36 In Middlesex County, All Just Released From County Jail (Oct. 24, 2017)