New Jersey announces restrictions on ICE cooperation

JERSEY CITY, N.J. (AP) — New Jersey announced new guidelines Thursday that will limit law enforcement’s cooperation with federal immigration authorities.

State Attorney General Gurbir Grewal said the directive seeks to draw a clear line between the responsibilities of New Jersey’s 36,000 law enforcement officers and federal immigration authorities. He said immigrants often “simply fear anyone with a badge,” which makes solving crimes more difficult.

Grewal announced the new directive at the historic rail terminal at Liberty State Park, an entry point for millions of immigrants in the 19th and 20th centuries.

“We are telling our state law enforcement agencies to focus their resources on their core priorities, such as solving crimes and protecting the public, rather than advancing Washington’s immigration agenda,” he said.

The announcement comes at a time when states and municipalities have butted heads with federal Immigration and Customs Enforcement authorities. ICE has criticized so-called “sanctuary cities” and policies it says compromise public safety. Immigrant advocates argue the agency targets suspects who have been charged but not yet found guilty, depriving them of the right to contest the charges.

Under New Jersey’s directive that goes into effect next March, police can’t question, search or arrest anyone based solely on suspected immigration status. They also can’t ask a person’s immigration status unless it’s necessary in investigating a serious offense.

The directive bars police from participating in civil immigration enforcement operations conducted by ICE. Officers aren’t barred from assisting ICE during emergency circumstances.

The announcement drew criticism from Matthew Albence, ICE’s deputy director, who said the policy will undermine public safety.

“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,” Albence said in an email.

Grewal denied the policy will make New Jersey a “sanctuary state.”

“Nothing in this directive provides sanctuary for those who commit crimes in New Jersey,” he said. “If you break the law in New Jersey, we will go after you no matter your immigration status.”

Under the directive, once a person is arrested, local law enforcement officers are prevented from allowing ICE to interview the person unless he or she has been advised of the right to a lawyer.

For detainees charged with serious crimes such as murder, rape, assault, arson or domestic violence, law enforcement and corrections officers can notify ICE of the suspect’s upcoming release but can continue to detain the suspect only until 11:59 p.m. on the day when the person would otherwise have been eligible for release.

Authorities in Middlesex County came under criticism from ICE recently after a 23-year-old man who was released from the county jail in February was charged with killing three people in Missouri this month.

ICE officials said local officials should have honored ICE’s request in December 2017 to detain Luis Perez, who is from Mexico.

Middlesex officials said Perez didn’t meet the criteria for detention under a policy they adopted last year that honors detainer requests if the inmate has previously been convicted of a first- or second-degree offense or was the subject of a final order of deportation signed by a federal judge.

___

This version corrects that under the new policy, a suspect can be detained until the end of the day on which they would have otherwise been eligible for release, not the day on which notification to ICE was made.