New Jersey Attorney General Warns Police Against Profiling Immigrants Under 287(g) Program

The U.S. Department of Homeland Security recently announced the addition two New Jersey police departments to the highly-controversial program known as 287(g), which deputizes local officers to enforce federal immigration laws. Now the state’s Attorney General Anne Milgram is warning officers in the Garden State not to engage in racial or ethnic profiling. The AG also reminded officers that they cannot ask about a person’s immigration status “as part of an on-the-street encounter.”

The Morristown Police Department and the Monmouth County Sheriff’s Office are ready to join the program that has recently faced a barrage of renewed criticism from pro-immigration and Hispanic advocates. Last week, a coalition of 500 organizations launched a national campaign against it.

The program, created under Section 287(g) of the Immigration and Nationality Act, grants “a state and local law enforcement entity … delegated authority for immigration enforcement within their jurisdictions,” according to Immigration and Customs Enforcement.

But Wednesday Milgram cautioned the New Jersey agencies in a letter that they will still have to comply with the state’s prohibition on “racially-influenced policing,” The Star-Ledger reported.

Milgram wrote:

“The principal mission of law enforcement officers in this state is to enforce the criminal laws and to protect the communities that they serve. It is not to enforce federal immigration laws.”

In response to the letter, Morristown Mayor Donald Cresitello was quoted as saying the AG has no authority over 287(g) enforcement because it involves federal, not state, laws.

New Jersey has seen its share of racial profiling by law enforcement agencies — including numerous incidents involving the State Police. So much so, that last week Gov. Jon Corzine signed into law a series of reforms implemented by the police force in response to its troubled past.

The law enforcement guidelines issued by Milgram state that officers “cannot act as federal immigration officials when patrolling the streets,” The Associated Press reported.

“Police officers participating in the program may only question people’s immigration status after they have been arrested for a serious violation, and the inquiry can take place only during an arrest, not as part of a street encounter, Milgram stated.”

“Officers also are prohibited from detaining people to trigger questioning of their immigration status.”

[ Attorney General Milgram warns N.J. law enforcement about role in immigration program - The Star-Ledger]

Milgram also warned that enforcement of immigration laws by local police can destroy the force’s relationship with the community, a point that’s been made repeatedly by police chiefs across the country in the face of the increased crackdown on illegal immigration started under President Bush and continued by the Obama administration.

According to The A.P., Morristown Mayor Cresitello has said six police officers from the town’s force of 58 will be trained by ICE over five weeks, possibly starting in October. Monmouth County Sheriff Kim Guadagno said her officers would only check inmates’ immigration status.

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    • Tom2

      Why do we have to wait until illegal aliens get drunk and kill people before we deport them? Seems to me profiling is a natural part of a policeman’s job. They often stop people for all sorts of things, e.g., license plates, inspection stickers, headlamps and minor traffic violations. If, in the normal course of issuing a warning or citation, an officer suspects the driver is an illegal alien, why should he not arrest that driver and place him on an immigration hold? Citizens are killed every day by illegal aliens with many prior “minor” violations that should have triggered deportation. If we let law enforcement do its job, we’ll save thousands of lives. Again, profiling is one thing we expect from law enforcement and in fact, pay them for it. Regarding Latinos, suspected of being illegal and erroneously arrested, I’d opine if they help us rid the nation of illegal aliens, that problem will be temporary and the nation will be a better place.

    • http://criminal.lawyers.com/blogs/archives/1171-Your-Rights-If-You-Have-Been-Arrested.html Leslie

      “The principal mission of law enforcement officers in this state is to enforce the criminal laws.” It is important that persons who suspect they are being profiled are aware that there are two forms of criminal offenses: indictable crimes and summary crimes. Indictable crimes include serious offenses, and summary crimes are generally less significant. Disturbing the peace is a good example of summary crimes. Indictable crimes are generally major, and an attorney should always be consulted immediately after arrest. Examples of indictable crimes are burglary, murder, rape and assault.

      After an individual is arrested he or she must always be informed about the charges. It is also the right of every individual to ask for bail. Bail will not always be granted in certain situations, but the right exists to ask.

      U.S. citizens have the right to free legal counsel exists if an attorney cannot be afforded. You also have the right to contact an attorney, or make arrangements to hire an attorney. Close friends and/or family members can be contacted in order to obtain advice on representation.

      Police must read the offender his/her rights. These rights include the right to remain silent, and that whatever he or she says can be used against them in the court of law. Before any information is provided to the police, an attorney should be hired.

      Finger printing and being photographed are not options. An individual will always be fingerprinted and photographed if officially charged with a felony offense. There is no leeway on this issue because a report must be created and properly filed.

      If your rights are unknown, the arrest process could potentially work against you. If you believe your rights are not being properly addressed make a point to discuss the issue with your attorney.

    • s

      What relationship with the community? The only relationship cops in Jersey City HAVE with “the community” is with illegal aliens. There needs to be something done about this. So much corruption and so little time…