Newark Police first in N.J. to refuse to detain undocumented immigrants accused of minor crimes

By James Queally/The Star-Ledger The Star-Ledger
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on August 15, 2013 at 11:58 AM, updated August 15, 2013 at 12:00 PM


Newark Police Director Samuel DeMaio issued a policy last month ordering his officers not to comply with the federal government's requests to detain suspected illegal immigrants requested for minor crimes.Star-Ledger file photo

NEWARK — The Newark Police Department has become the first law enforcement agency in New Jersey to refuse the federal government’s requests to detain people accused of minor crimes who are suspected of being in the U.S. illegally, according to immigration advocates.

In enacting the policy, Newark becomes the latest city to opt out of the most controversial part of the “Secure Communities” program implemented by the U.S. Immigration and Customs Enforcement Agency in 2011, which allows the agency to ask local police to hold any suspect for up to 48 hours if their immigration status is called into question.

In the past two years, cities and states across the nation, including New York City, Chicago, Los Angeles, Massachusetts and Connecticut, have adopted similar policies. Earlier this week, Orleans Parish sheriffs also said they will stop honoring the detainer requests.

“Secure Communities” was designed to enhance ICE’s ability to track dangerous criminals who are undocumented immigrants. Under the policy the Department of Homeland Security reviews fingerprints collected by local police during an arrest, which then allows ICE to issue the detainer requests. Immigration advocates, however, argue the policy has been misused, leading to the deportation of people accused of low-level offenses and inhibits collaboration between police and people who are undocumented.

Udi Ofer, the executive director of the state chapter of the ACLU, said Newark’s policy was a collaborative effort between the city, the ACLU and several immigrants rights groups.

“With this policy in place, Newark residents will not have to fear that something like a wrongful arrest for a minor offense will lead to deportation,” said Ofer. “It ensures that if you’re a victim of a crime, or have witnessed a crime, you can contact the police without having to fear deportation.

Newark Police Director Samuel DeMaio signed the directive on July 24. Newark will no longer comply with ICE requests to hold suspects accused of crimes like shoplifting or vandalism.

City police will continue to share fingerprint information with federal investigators, according to DeMaio, who said the department received only eight detainer requests in 2012.

“If we arrest somebody for a disorderly persons offense and we get a detainer request we’re not going to hold them in our cell block,” he said. “I don’t know if we’ve ever gotten a detainer request on a guy with a misdemeanor.”

An ICE spokesman declined to comment directly on the policy. But immigrants rights advocates hailed the move as an olive branch to undocumented immigrants, who often hesitate to cooperate with police who are investigating serious crimes in their community for fear of deportation.

That fear has been evident in a series of community meetings in the Newark’s immigrant-heavy Ironbound neighborhood, which began after “Secure Communities” was implemented in New Jersey last year, said East Ward Councilman Augusto Amador.

Amador has been present for a number of those sessions, and said the culture of fear created by the program stopped many undocumented immigrants from reporting crimes committed against them in the area.

“I agree totally with the policy,” he said. “The Newark Police Department already has enough problems to worry about, rather than being involved with matters that don’t belong to them.”

A representative for Mayor Cory Booker’s administration said the policy is a smart move that strengthens ties with city residents and maintains a relationship with ICE.

“The Newark Police Department’s policy improves community relations, while saving taxpayer money and ensuring that city, state, and federal officials continue to share critical information needed to prosecute criminals and keep our streets safe,” said city spokesman James Allen.

Nisha Agarwal, deputy director of the Center for Popular Democracy, said ICE has misused the “Secure Communities” policy in other areas, and Newark’s directive will slowdown the agency if it attempts to start deportation proceedings against someone for a small-scale offense.

“They often will (issue) detainers in cases where it’s really minor, when the person is not a threat to society in any way,” she said.

New Jersey has one of the country’s largest immigrant populations and the state is home to more than 500,000 undocumented immigrants, according to Amy Gottlieb, director of the American Friends Service Committee. Gottlieb said she hopes to see other New Jersey law enforcement agencies echo Newark’s policy.

“Any detainer policy where people are aware that the police department is acting in support of the immigrant community is going to be helpful for police and immigrant relations,” she said.

http://www.nj.com/essex/index.ssf/2013/08/newark_police_first_in_nj_to_refuse_to_detain_ille gal_immigrants_accused_of_minor_crimes.html