Feds To Be Notified Of N.J. Illegal Immigrant Arrests

POSTED: 3:14 pm EDT August 22, 2007
TRENTON, N.J. -- State Attorney General Anne Milgram on Wednesday ordered all New Jersey law enforcement authorities to notify federal immigration officials whenever an illegal immigrant is arrested for an indictable offense or drunken driving.

Milgram said the need "to have a uniform state policy on notification to immigration" became evident after a recent triple homicide in Newark. Before the directive, "all police departments in our state had complete discretion as to if, when and how to notify immigration authorities."

The policy, which follows the Aug. 4 killings of three Newark college students in a schoolyard by six suspects, also specifies that prosecutors and courts be notified.

"You want to make sure the federal government knows and the county or local prosecutor know because it's relevant to bail considerations," Milgram said.

Some have questioned whether such a policy could have prevented the schoolyard slayings in which at least one of the six suspects was in the country illegally.

Jose Carranza, 28, was out on bail at the time of the slayings despite having been indicted on child rape and aggravated assault charges. Federal immigration officials had not been notified.

The triple homicide rocked Newark, a city already reeling from a 50 percent rise in the murder rate since 1998, and prompted an outcry over the lack of communication between local authorities and immigration officials.

The fact that Carranza was out on bail despite being accused of committing serious felonies also enraged some, including state Sen. Shirley Turner, who on Wednesday urged bail restrictions for accused illegal immigrants.

Under Turner's proposed law, illegal immigrants would be required to post a full cash bail if they are charged with committing a crime in New Jersey.

"When illegals commit crimes, they should be taken off our streets," said Turner, a Mercer County Democrat. "Full cash bail should crack down on the underground escape routes of illegals with nothing to lose."

A bail bondsman put up $150,000 for Carranza -- the lowest amount recommended for someone accused of sexually assaulting a child -- and he walked out of the Essex County Jail in May. Seven months prior, he paid $2,000 to get out of the same jail after being charged with assault and weapons possession after a bar fight. He was allowed to put up 10 percent after a judge set bail at $20,000.

Authorities have said that they did not know he was undocumented when those bails were set. Those bails have now been revoked, a largely symbolic move because Carranza, a day laborer, is now charged with three counts of murder and is being held on $1 million bail.

"I often see people back on our streets that I believe should not be back on our streets after they've committed serious crimes," Newark Mayor Cory Booker said. "I would be remiss if I wasn't calling for larger changes and larger reforms in the state of New Jersey and the United States."

While Milgram adopted a get-tough approach to dealing with illegal immigrant suspects, she was careful not to extend immigration checks to ordinary, law-abiding residents.

Her directive prohibits law enforcement officers from checking the immigration status of crime victims or witnesses, saying such policies would inhibit people from coming forward to report crime or help authorities catch criminal suspects.

She also tread lightly on a federal law allowing local police to be deputized as immigration agents. Milgram said the practice will be allowed in New Jersey, but deputized agents can only perform immigration status checks after someone is arrested for an indictable offense.

http://www.wnbc.com/news/13951211/detail.html