Monmouth County Sheriff Defies Murphy's Order On ICE Cooperation

MONMOUTH COUNTY, NJ — Monmouth County Sheriff Shaun Golden refused an order from New Jersey Attorney General Gurbir Grewal and Gov. Phil Murphy in a long-simmering feud over how much Monmouth can and should cooperate with federal immigration enforcement.

This past Monday, July 8, the AG sent sharply-worded letters to both the Monmouth County sheriff and the Cape May County sheriff, accusing them of ignoring a directive he issued in November and going behind his back to continue working with Immigration and Customs Enforcement (ICE). (You can read the letter to Golden here.)

Golden, leader of the Monmouth County Republican party, quietly renewed the Monmouth County jail's 287(g) agreement this spring, without requesting the required permission from the AG.

He remained unapologetic about it this week.

“The governor and the attorney general have a certain policy, and we run a certain program that’s in conflict with that policy. We’re going to try to reconcile the two and see if we can continue our 287(g)programs here in the county,” Golden told NJ TV this week. “It’s something I believe in. I don’t think we should release a criminal, in that case, to go out and do more harm to our residents here in Monmouth County.”

This past November, as Patch reported, Grewal issued a directive to all New Jersey law enforcement: Limit your cooperation with ICE.

County jails and sheriffs were told they could not provide ICE with access to state or local law enforcement resources, including equipment and databases. At the local level, police officers were told not to participate in immigration arrests or ask someone's immigration status.

The directive was widely seen as an attempt from top New Jersey Democratic officials to fight back against President Donald Trump's immigration crackdown.

As part of that directive, county jails were also prohibiting from renewing so-called Section 287(g) agreements with the feds. In the past, under 287(g) county jails agreed to turn over undocumented immigrants charged with a crime to ICE within 48 hours. Monmouth County has long honored this agreement.

Under the new directive, jails that sought to renew those 2879(g) agreements had to first get the AG's written permission before doing so.

Golden said he renewed the Monmouth County jail's contract March 8, a week before the directive took effect. The contract with ICE is now good for another 10 years.

For example, if someone is arrested and charged with a crime, and they are also suspected of being an undocumented immigrant, the Monmouth County jail will turn that person over to ICE custody. Without 287(g) in place, ICE agents must obtain a warrant to detain undocumented immigrants.

The 287(g) agreements are a lightning rod: Immigration advocates say the agreements deputize local law enforcement with immigration enforcement, a power they do not have. They also say such agreements deprive someone of due process, as they are being unfairly taken into ICE custody. And they say it chills the relationship local immigrant communities have with police, and deters them from reporting crimes, such as domestic violence.

But those on the other side, such as Sheriff Golden, argue that such agreements keep potentially dangerous criminals off the streets.

"This has been a successful partnership in keeping our community safe and secure," said Golden. "We've worked with ICE for over 10 years under 287(g). Certainly in no way are we creating a lack of trust within the Hispanic community here in Monmouth County."

"(I'm) hopeful the Division of Criminal Justice will recognize the value of the 287 (g) program and agree to its continuance at the Monmouth County Correctional Institution," said Golden in a statement provided Wednesday to Patch. “The 287 (g) program is highly regarded and essential, particularly in light of bail reform, as these individuals are charged with serious crimes ... Law enforcement never wants to be faced with a situation where a dangerous, undocumented immigrant is released from jail and poses a threat to a community."

How will this get resolved? Golden told NJ TV he will be working with the AG's office to get his renewal of 287(g) approved. To be approved, he has to supply the AG with years of detention data and also host a public hearing on the matter.

"The Monmouth County Sheriff’s Office must submit the same information required from any law enforcement agency seeking to enter into a 287(g) agreement, including multiple years of data, a statement of justification, and the summary of at least one public hearing on the issue," said Peter Aseltine, a spokesman for the state Attorney General. "The Attorney General’s Office will review the submission once it arrives."

As part of his directive, AG Grewal made an exception for detainees charged with violent or serious offenses, such as murder, rape, arson, assault, bias crimes and domestic violence. In those cases, correction officials may notify ICE that a detainee is about to be released.

Last year, a total of 7,845 inmates were processed at the Monmouth County jail and 40 of them were found to be undocumented immigrants.

Where do other counties in New Jersey fall on this issue?

Monmouth County is not alone: The Cape May County jail also renewed its 287(g) contract to work with ICE. Salem County also has a 287(g) agreement.

Like Golden, Cape May Sheriff Robert Nolan stood by his decision.

“I swore an oath to protect the people of this county. The 287(g) helps keep criminals from returning to our streets, which keeps Cape May County safer," he told NJ TV this week.

The Ocean County Board of Freeholders decided this past Wednesday night they will be filing a federal lawsuit against the Murphy administration over the directive. This came after the Ocean County Jail said it was barred last week from allowing ICE agents to use their internal computer network, thanks to the directive.

"Governor Murphy's directive prevents our jails from working with ICE to deport known criminals who are already in custody," said Republican State Sen. Jim Holzapfel, according to the Brick Patch. "It's an outrageous and dangerous political statement that jeopardizes the safety of millions of New Jersey residents. We shouldn't allow the governor to create a sanctuary for criminals in our state."

Middlesex County, however, is starkly different.

Two years ago, the all-Democrat Middlesex County Board of Freeholders ordered the county jail to not comply with ICE detainer holds.

When she was running for governor, Kim Guadagno, a Republican who used to be the Monmouth County Sheriff, sharply criticized Middlesex County for that decision. She even held a press conference outside the jail during her campaign to make her point.

In the fall of 2017, ICE picked up 36 people, all of whom had been previously charged with a crime and held at the Middlesex County jail, but then released. Those who were released by the jail included a Philippines citizen charged with sexually assaulting a minor, a Mexican citizen charged with his second DUI and an El Salvadorian citizen charged with selling drugs. They are also all accused of being in this country illegally.

Then in 2018, the Middlesex County jail released Luis Perez, a Mexican national who was living illegally in the U.S. He was arrested on domestic violence charges and held at the Middlesex County jail for 51 days. ICE said the county jail never notified them he was there.

"Middlesex County failed to honor the detainer and released the individual without contacting ICE," said an ICE spokesman in the Newark field office.

After he was released by the county jail, Perez went on a shooting spree in Missouri, authorities said, killing three people.

Patch reporting on New Jersey's immigration wars:

NJ Imposes New Rules On Turning Over Unauthorized Immigrants (Nov. 2018)

Ocean Legislators Blast NJ Directive To Curb ICE Cooperation (July 10, 2019)

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

ICE Criticizes Middlesex County Jail For Releasing Murder Suspect (Nov. 2018)