Attorney General Gurbir S. Grewal announced on Mar. 25 a new statewide directive that restricts state, county, and local law enforcement agencies in New Jersey from participating in certain types of voluntary assistance with federal civil immigration authorities, including Immigration and Customs Enforcement (ICE). The directive aims to strengthen trust between law enforcement officers and the state’s immigrant communities by clarifying the distinction between enforcing state criminal laws and federal civil immigration laws.
The measure is intended to encourage immigrants to report crimes without fear of deportation or being turned over to federal authorities. Grewal said, “We know from experience that individuals are far less likely to report a crime to the local police if they fear that the responding officer will turn them over to federal immigration authorities. That fear makes it more difficult for officers to solve crimes and bring suspects to justice.” He added, “No law-abiding resident of this great state should live in fear that a routine traffic stop by local police will result in his or her deportation from this country.”
Under Attorney General Directive 2018-6, known as the “Immigrant Trust Directive,” officers are prohibited from stopping, questioning, arresting, searching or detaining anyone solely based on their actual or suspected immigration status; asking about someone’s immigration status unless it is necessary for investigating a serious offense; participating in ICE civil operations; providing ICE access to non-public resources; or allowing ICE interviews with arrestees unless legal rights are explained.
Director Veronica Allende of the Division of Criminal Justice said, “We cannot allow the line between our law enforcement officers and U.S. immigration officials – or the line between state criminal law and federal civil immigration law – to become blurred.” Other officials expressed support for building trust with immigrant communities through fair treatment regardless of status.
The directive also prohibits entering into new Section 287(g) agreements with ICE—except under specific circumstances—and sets limits on holding detainees past their release date due only to an ICE detainer request. It requires written consent before allowing ICE interviews with detainees and mandates procedures for assisting victims applying for T-Visas and U-Visas.
All agencies must train their staff on these requirements by March 15, 2019. County prosecutors are required to conduct public outreach about these changes while annual reports will be compiled regarding any assistance provided by New Jersey agencies to federal civil immigration authorities.
According to the official website, New Jersey Attorney General Matthew Platkin’s office holds statewide authority over public safety matters such as enforcing laws, prosecuting offenses, providing oversight across all counties and municipalities in New Jersey. The agency also offers services including legal representation for the state government, victim advocacy programs, crime lab support functions, consumer protection initiatives as well as general regulation related duties throughout New Jersey.