Getting a Handle on Immigration: New Jersey Advocates Weigh in on Removal System

Jeff DeCristofaro once represented a woman who was in the country illegally and had a young son with a rare disease.

DeCristofaro, the Executive Director of the Camden Center for Law and Social Justice, said her removal process (the name covers both deportations and prevention of undocumented immigrants from entering the country) lingered on and added another degree of angst to an already anxious time in the family’s life.

Her native country didn’t have the technology or the doctors necessary to treat her son. It was four years before her case was closed, and she was able to devote her full focus to giving her son the care he needed.
That was four years total. Today, four years is just the beginning.

“Now it’s a three- to four-year wait just to get into court,” DeCristofaro said. “There’s such a backlog for removal now.”

The backlog is the result of what is perceived to be a higher number of removals under President Barack Obama’s administration than any other administration in U.S. history, although whether that’s accurate has been the subject of some debate, according to an L.A. Times report.

The number of removals nationwide increased steadily from 369,221 in 2008 to 409,849 in 2012, according to statistics posted on the federal Immigration and Customs Enforcement (ICE) website. In 2013, that number dropped back down to 368,644, and was at 235,413 last year.

New Jersey is home to more than 500,000 undocumented immigrants, according to njimmigrantjustice.org. It is home to the fifth largest immigrant population, both documented and undocumented, in the country.

Earlier this year, immigration activists protested what they believed to be the beginning of ICE raids in New Jersey after two adults were reportedly taken in Freehold and a college student with a work permit was reportedly falsely taken in New Brunswick, according to nj.com. At the time, Alvin Phillips, the ICE spokesperson in New Jersey, denied that any raids had taken place.

But a month later, there was a reported ICE raid at Wiggins Street Apartment in Princeton, in which agents reportedly waited outside a home for someone to come out before detaining two people.

At the time, Councilwoman Heather Howard said people were unsure what the raid would mean for them or their families. On Thursday, Princeton Mayor Liz Lempert recalled the fear it brought to the town.

“We’ve had some ICE raids in Princeton, including one where the cops weren’t notified, and it was a dangerous situation,” Lempert said. “We thought it was a kidnapping.”

Lempert said better communication was needed, and that they were promised it would be better moving forward.

Phillips didn’t return phone messages from Patch seeking comment for this story this week.

Prior to the first raid in Princeton back in February, Princeton officials began an outreach campaign following the announcement from the Department of Homeland Security that the U.S. Immigration Customs Enforcement (ICE) agents would conduct a series of raids across the nation.

The raids target children and families who were captured after May 1, 2014, after crossing the southern border and have been issued final orders of removal by an immigration court. In most cases, this occurred in absentia, and without their knowledge.

However, Princeton Mayor Liz Lempert has disputed the town's label as a “Sanctuary City,” which indicates the town doesn’t follow federal guidelines concerning illegal immigration.

“We’re a welcoming community,” Lempert said. “We’re focused on ensuring our residents feel a sense of belonging, and that they know they’re protected by the police.”

Last year, Princeton was the first town in New Jersey to join Welcoming America, a national organization that represents all cities and towns across the U.S that are immigrant-friendly and welcoming communities.

"The Princeton Police Department works incredibly hard to build and maintain lasting relationships with our immigrant population," Princeton Police Lt. Jon Bucchere said. "Our goal is to create a welcoming environment where people can communicate and work with our police department. Such an environment lends itself to people reporting crimes and communicating with the police without fear."

He also said there is still much work to do.

"While we take a department wide approach to community policing, the Safe Neighborhood Bureau, headed by Sgt. Chris Tash, focuses their efforts solely on building relationships and trust in the community," Bucchere said.

The Princeton Police Department has received praise from outside entities, as well as attention from national media, including the Washington Times and Fox News.

"The Princeton Police Department is really committed to building bridges, and they're attentive to the needs of the immigrant community," said Jason Rowe, the Assistant Service Area Director for Social Justice for the Catholic Charities, Diocese of Metuchen. "They receive well-deserved attention. They're the model all police departments should aspire to be."

Rowe also praised the New Brunswick Police Department, which has worked with his diocese's Unity Square Crime Watch Group. The two organizations work together to bring the immigrant community and the police together and to dispel misconceptions, including:

• They help illegal immigrants understand police are not involved in enforcement, including removals;
• They help immigrants understand there is someone they can speak to at police departments. A common misconception is that police departments don't have anyone who can speak languages other than English; and
• It isn't a crime to report suspicious activity that turns out to be unfounded.

New Brunswick Police help immigrants obtain U Visas and get protection via the Violence Against Women Act (VAWA).

Rowe said he has seen progress made to unite the immigrant community and local police in his four years as the director.

Lempert and Bucchere said that while they are a welcoming community, any serious crime involving an illegal immigrant is referred to federal authorities.

"These notifications are made when individuals are arrested for indictable offenses and DWI’s," Bucchere said. Princeton also wants immigrants to feel safe reporting a crime they either witnessed or were victimized by.

According to DeCristofaro, removals have been prioritized, with the most serious offenders being considered first.

“Being here without permission isn’t a criminal offense. It’s a civil violation,” DeCristofaro said. “Anyone who commits a criminal offense will be heard first, followed by civil violations.”

DeCristofaro said the the Camden Center for Law and Social Justice, with offices in Camden, Bridgeton and Atlantic City, serves between 3,000 and 3,500 clients a year, and that he has hundreds of clients at a time.

“People have to wait four or five years, and the ones with no criminal record are the ones who wait the longest,” said Isaac Salas, the Assistant Director of the Pro-Immigrants Foundation.

The foundation, which has been in existence since 2010 and is based out of Elizabeth, provides free consultation and guidance, and informs non-American citizens of eligible countries of legislation that protects their rights.

It doesn’t take a political stance, and it has an attorney that assists it in legal matters, but Salas noted a lot of cases tend to drag on too long.

While they wait to have their cases heard, immigrants are usually able to go about their lives as they normally would, but their case is always hanging over their head.

DeCristofaro said something needs to be done, and he referenced two of Obama’s Executive Actions that could help fix the problem.

DACA, the Deferred Action for Childhood Arrivals program, allows young people who came into the country under the age of 16 and before June of 2007 without their own input and their parents to remain in the country without having removal laws enforced against them. Instead, they receive a two-year work permit and are exempt from removal.

DAPA, the Deferred Action for Parents of Americans and Lawful Permanent Residents program, expands the DACA program to parents of U.S. citizens.

Applications are not being taken for the DAPA program due to a court issue out of Texas that prevents DAPA and an expanded DACA program from being implemented.

The decision went to the Supreme Court, which found itself in a 4-4 deadlock on the issue last month.

“The decision is extremely disappointing," Princeton Councilwoman Heather Howard said. "The President’s program was an opportunity to rationalize a part of our immigration system and prevent families from being torn apart.

“In Princeton, immigrants contribute to a vibrant community. We understand that there is a lot of confusion about the decision, and we will look for opportunities locally to help our residents understand the impact of the decision and continue to advocate for humane policies.”

About half the undocumented immigrants in New Jersey would have qualified under the program, according to the Princeton Department of Health and Human Services.

It will likely be up to the next president to appoint a replacement for deceased Justice Antonin Scalia, and possibly up to three justices.

See also: Supreme Court Nominee Merrick Garland to Set Record for Senate Inaction, Still No Confirmation Hearing

At that point, the deadlock could be broken, with vastly different outcomes depending on who’s elected.

“I foresee the court upholding that action if Hillary Clinton is elected, and not being upheld if Donald Trump is elected,” DeCristofaro said.

Clinton and Trump’s differences on the issue are well-known.

Trump promises to build a wall to keep illegal immigrants from coming into America, and have Mexico pay for it.

The Republican presidential candidate has also promised to suspend immigration from all countries that are “undermined by terrorism” and deploy 25,000 additional agents and predator drones to the border.

Clinton has said she would end family detention and close private immigration detention centers, and focus immigration enforcement on detaining and deporting those who pose a violent threat to public safety. She said she would also ensure refugees who seek asylum have a “fair chance” to tell their stories.

The Democrat has said she would defend DACA and DAPA.

For the moment, immigrants have to wait and see what happens, and advocates are left trying to keep a handle on a situation that seems to be spiraling out of control.