Aug 22, 2007 9:54 pm US/Eastern

N.J. Cops To Ask For Immigrant Status Upon Arrest
New Directive Aimed At Criminals Only, Not Witnesses

Christine Sloan
Reporting

(CBS) NEWARK The teenage suspect arrested in Virginia for the triple murders in Newark could be back in New Jersey by Thursday. Authorities say he's waived his extradition.

As a result of the murders, officials in New Jersey have made changes to the way police handle undocumented immigrants they arrest.

Prior to the execution-style murders in Newark, one of the suspects, Jose Carranza, who is in this country illegally, was charged in a bar fight and with the rape of a child.

In fact, when the three college students were killed, Carranza was out on bail in Essex County, and immigration officials say no one from the county contacted them about the 28-year-old being in the U.S. illegally.

Because of the tragedies, New Jersey Attorney General Anne Milgram on Wednesday issued a directive, requiring police to ask the immigration status of the person they arrest for a serious criminal offense.

"Had this directive been in place that after the first arrest for the bar fight that was aggravated assault that notification would have been made to the county prosecutor and to the court," Milgram said.

In the past, New Jersey counties have been allowed to use their own discretion. Some report immigration status after a conviction.

It's a fine line for departments, including Newark, where the mayor says it's not the job of his officers to enforce immigration laws.

Immigration advocates have some concerns:

"We have some concerns with people who are arrested and aren't indicted," said Charles Goldstein of N.J. Immigration Policy.

There's also worries about the abuse of power by authorities.

"We will take something like that very seriously and those police officers or whatever level associated will pay dearly if he break the law or abuse their authority," U.S. Attorney Christopher Christie said.

Investigators say the immigration status of Melvin Jovel, another suspect, is uncertain.

Rodolfo Godinez, the suspect fighting his extradition to New Jersey, gained legal permanent status in 2001, according to authorities.

There are exceptions to the attorney general's directive. Police won't have the right to ask a witness or a victim about their immigration status.

Authorities said New Jersey's directive goes went into effect Wednesday.

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