Cape May Co. Sheriff Blasts Court Upholding NJ Immigration Rules

CAPE MAY COUNTY, NJ — Cape May County officials are assessing their options after a federal judge dismissed a lawsuit challenging New Jersey's Immigrant Trust Directive. Officials are considering appealing the decision, which upholds the state's directive that bars officers from participating in federal immigration operations.

Attorney General Gurbir S. Grewal issued the directive in November 2018. Cape May County had an agreement with U.S. Immigration and Customs Enforcement, which allows local law enforcement to perform the functions of ICE officers. County officials say they have only reported and held undocumented people accused of serious crimes — four or five people per year.

Cape May County Sheriff Robert Nolan received a letter Sept. 27 from the New Jersey Office of Attorney General telling him to "wind down" his agreement with ICE within seven days. Several officials challenged Grewal's directive, resulting in a lawsuit from Nolan and Ocean County.

U.S. District Judge Freda Wolfson issued a ruling Wednesday, finding the directive's restrictions don't violate federal law.

“This ruling actually violates the rights of every sheriff in the state to voluntarily assist fellow law-enforcement officers in keeping their communities safe,” Nolan said in a statement. “Federal law specifically granted these rights to be used at the discretion of law enforcement executives to be utilized in the best interest for the communities that they protect. This ruling is shameful!”

County officials are consulting with their partners in Ocean County and the United States Attorney General's office. The latter has backed two county sheriffs in New Jersey in their lawsuit.

The Cape May County Board of Chosen Freeholders expressed their support for Nolan in a statement.

"As we move forward, the Sheriff knows that we will assist in anyway possible to protect our residents in Cape May County,” said Freeholder Director Gerald M. Thornton.

Grewal's directive is designed to ensure that victims and witnesses feel safe reporting crimes, the OAG says. The rules prohibit New Jersey's police from stopping, questioning, arresting, searching or detaining anyone based solely on actual or suspected immigration status.

The state attorney general praised the federal court ruling.

"Today, the court recognized what we have said all along: New Jersey has the authority to draw a clear, bright line between the work of state law enforcement officers and federal civil immigration officers," Grewal said. "This line is more important than ever, as we work hard every day to build and restore trust between New Jersey’s police officers and historically marginalized communities.

"In November 2018, I issued the Immigrant Trust Directive in the shadow of the Statue of Liberty, flanked by our state’s law enforcement leaders. What I said then remains true today: you can be both pro-immigrant and pro-law enforcement. And, indeed, our directive is pro-law enforcement precisely because it is pro-immigrant."

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