Thread: Lawyer: Police traffic stops become immigration checks

Lawyer: Police traffic stops become immigration checks
By JOHN MARTINS
Published: Sunday, October 28, 2007
Related Story: NJ politics law targets illegal immigrants' vehicles

BRIDGETON - For years, it was common practice in New Jersey for police officers not to ask drivers about their immigration status during routine traffic stops or during arrests for minor infractions.

One local lawyer, however, is saying that it seems some county police departments have recently abandoned that courtesy.

Valentine Brown, an immigration attorney with offices in Bridgeton and Woodbury, Gloucester County, said that for the past three weeks, she has received calls - about one per day - from undocumented residents claiming that loved ones have been arrested for lacking proper auto-related paperwork.

"Down in Cumberland County, what's happening is that they are all being taken into custody and referred to immigration authorities," Brown said. "They're being detained by local police for lack of documents."

The referrals, Brown said, come on the heels of a directive from state Attorney General Anne Milgram, who issued a set of rules Aug. 22 formalizing the procedures by which local law enforcement makes inquiries to U.S. Immigration and Customs Enforcement, or ICE.
The new directive changes the previous practice of making federal immigration referrals only after a person has been convicted of a crime. Now, federal authorities are called when a suspected undocumented immigrant is arrested for a serious offense or driving under the influence.

The Press of Atlantic City was unable to verify Brown's claims last week. A lieutenant at the Bridgeton Police Department said officers don't keep track of that data and instead report it to the county prosecutor.

Cumberland County Prosecutor Ron Casella said that since his staff members don't personally make those ICE referrals, they have not been keeping it, either. The issue, he added, was addressed in a recent meeting with county police chiefs.

"We're going to have to have some centralized reporting," Casella said.

In response to claims that local police officers were making referrals for minor traffic stops, Casella said that while the guidelines are clear on what offenses are included, going beyond them isn't against the law.

"All that is going beyond the scope of the Attorney General's directive," he said. "I think what we have to be careful of here is that we're not doing any racial profiling."

Scott Weber, a field office director for ICE detention and removal in Newark, said Friday that his office welcomes all referrals to its 24-hour Law Enforcement Support Center.

"I'm not going to turn away any requests for information," he said. "If a state or local agency wants to refer a suspected alien to us, we're happy to oblige."

According to Weber, what happens after those referrals - which have jumped by more than half from fiscal years 2006 and 2007 - is largely dependent on factors such as an alien's criminal history, available detention space and whether those aliens are current fugitives.

If ICE is interested, he added, a detainer hold is placed for transfer into federal custody once the local court matter is resolved.

While Weber said he doesn't want to discourage the referrals, he insisted that ICE does not approve of local police departments engaging in immigration profiling.

"I don't think we've seen this, but I would not approve of a situation where any law-enforcement agency was deliberately picking up illegal aliens on minor charges and then dismissing those charges to turn them over to federal authorities," he said. "What we don't want to see is officers engaging in immigration enforcement under color of enforcing local laws."
http://www.pressofatlanticcity.com/top_ ... 1134c.html

NOTE: Join in on the fun. Comments to above idiot lawyer's statements are being left. Have a go. I did .

This was in todays paper, I'm just waiting for the outcry on how this is being done in correspondence with the new law that goes into effect Thursday and they're just targeting hispanics.

[quote]The Oklahoma County Sheriff's Office and the Oklahoma Highway Patrol launched a joint effort Saturday to crack down on traffic violations and other criminal activity with checkpoints and increased patrols throughout the metro area.


More than 150 law enforcement personnel were to participate in "Operation State Troopers and Deputies (S.T.A.N.D.),â€

Police traffic stops become immigration checks

Nothing like being proactive!

I will GLADLY produce my license ( both American AND Canadian) my insurance, registration and NOTORIZED copies of my birth certificate anywhere, anytime if this helps get rid of more illegals!

Originally Posted by go4gin

I will GLADLY produce my license ( both American AND Canadian) my insurance, registration and NOTORIZED copies of my birth certificate anywhere, anytime if this helps get rid of more illegals!

Show your papers is never a good idea. However, in the case of a Legitimate traffic stop, you have to show you id, insurance and registration, which is something I do not have a problem with.

Quote,"While Weber said he doesn't want to discourage the referrals, he insisted that ICE does not approve of local police departments engaging in immigration profiling," unquote.

Police are sworn to uphold the law period. Illegal immigration is a crime. Police always run checks for outstanding warrents so why are their hands tied on immigration status? Accusations of immigration profiling are as logical as DUI profiling, drug profiling, warrent profiling, sexual predator profiling, etc. If an officer stops a vehicle after observing reckless driving, lane weaving, and what-ever, is he committing DUI profiling? Has a drunk driver ever been found not quilty due to DUI profiling?

If it walks like a duck, quacks like a duck, looks like a duck, "there is just cause to suspect" it is a duck.

Simple solution: On every traffic stop/police investigation run checks for outstanding warrents and immigration/citizenship status.

Carry the battle to them. Don't let them bring it to you. Put them on the defensive and don't ever apologize for anything.â€

Welcome to ALIPAC, MyAmerica.

Since when is enforcing the law not allowed by law enforcement officers? How is asking someone their immigration status or place of birth violating their rights?

Oh yeah, immigration is a federal violation...does that mean local Police will now ignore bank robberies and kidnappings also?

Valentine Brown, an immigration attorney with offices in Bridgeton and Woodbury, Gloucester County, said that for the past three weeks, she has received calls - about one per day - from undocumented residents claiming that loved ones have been arrested for lacking proper auto-related paperwork.








Everytime I read stuff like this it makes me angrier and angrier!!! This is not a new phenomenon, nor is it racial profiling. It is called enforcing the law.


I am originally from NJ, as is my ex husband. One of the several reasons that he is my ex husband is because of his never ending problems with the law due to traffic related issues..... including the fact that every time I turned around he was being arrested and jailed for "lacking proper auto related documents" In other words, no license, registration or insurance. And he's a white guy.....imagine that, will ya?

Ironically, this was almost 20 years ago and he was using the same excuses we hear now in terms of illegals.....how was he expected not to drive when he had to go to work, had errands to run, and his father had to be driven to his doctor's appointments. Eventually he even began claiming that he was being specifically targeted by the police in our area just because of who he was and stopped without cause or over petty issues.

Well, it didn't work way back then for a causcasian American citizen, and it is not going to work now for hispanic illegal aliens.

The fact of the matter is that the LAW dictates what one must possess in order to drive, and it doesn't matter who you are, if you don't belong on the road you are going to be arrested and jailed.

All these damned lawyers need to go South and start defending the rights of Latinos in their own countries if they feel that strongly about the issue.

Well said, azwreath. Equal application of the law is a foundation of America.