Immigration Crackdown Looms

Daily Record
BY ABBOTT KOLOFF
August 28, 2009

Cresitello: Police to join fed program

MORRISTOWN — Mayor Donald Cresitello says he will launch a program, perhaps as soon as next week, that would allow local police to enforce federal immigration laws, even as critics of the proposal are stepping up efforts to have the program scrapped.

On Thursday, a half-dozen people from Wind of the Spirit, an immigration advocacy group, delivered a copy of a letter that a coalition of groups delivered to President Barack Obama earlier in the day.

The letter asked for termination of a program called 287(g), which deputizes some local law enforcement officers to enforce federal immigration law under the supervision of the U.S. Immigration and Customs Enforcement office. The letter alleged racial profiling in other areas of the country as a result of that program.

Cresitello, whose term ends Dec. 31, said on Thursday that he expects to sign a memorandum of agreement with the federal government to become part of the program sometime next week — even though both the Democratic and Republican candidates for mayor in the November election have said they don't favor it.

"I'm 99 percent sure I will sign it," Cresitello said. "If I implement the program, and they want to make a change, they can make a change ... They can do whatever they like."

Cresitello said town attorneys have told him the agreement is not a contract, which means he has the power to make the agreement without council approval. But he said he's waiting for a written opinion before signing the agreement. Morristown was approved for the program last month. While the agreement would last three years, it allows for either side to terminate it at any time.

Diana Mejia, a Wind of the Spirit board member, said on Thursday that Cresitello has not told her organization what he plans to do. She and other members of her group delivered letters on Thursday to Cresitello's office, to police Chief Peter Demnitz and to the town clerk's office, asking for copies to be delivered to council members.

"He keeps saying he's the mayor until Dec. 31," Mejia said of Cresitello. "We're going to work this until the end, until Dec. 31. Morristown doesn't need this (program). ... It would end up in a lot of discrimination."

She said 287(g) would make some undocumented immigrants fearful of police and less likely to come forward with information that might help law enforcement.

"I find this law to be frightening," said Carol Mendez, 24, a former Morristown resident and Wind of the Spirit board member who's now a doctor in New York City. "It's a step back from the civil rights movement."

Demnitz, the police chief, expressed concerns a couple of years ago that 287(g) might lead to less cooperation by some town residents with law enforcement authorities. After he made those comments, Cresitello ordered him to stop making public statements about the program.

Demnitz did not respond to a phone message Thursday. Cresitello said the ban on talking about the program was still in effect.

"He expressed concerns before he knew what the program was about," Cresitello said of Demnitz. "When he goes for training, he'll be in a position to speak about the program."

Cresitello said he has the power to direct police to go for training but can't tell the chief how to implement the program.

"How he uses this tool is his business," Cresitello said. "I'm sure he will find this is a benefit."

Cresitello lost his bid to run for another term as mayor in the June Democratic primary. He said he doesn't believe his support for 287(g) cost him the election, but that it did cost him some votes. Tim Dougherty, the Democratic candidate for mayor, and James Gervasio, the Republican candidate, both have said they don't favor implementing 287(g).

"I would hope if I implement the program, that they consider it on its merits," Cresitello said.

Gervasio said on Thursday that 287(g) might be a law enforcement tool, but added that it's "a risky tool."

He said he opposes 287(g) because it might create liability to lawsuits. However, the memorandum of agreement says local police would be treated as federal officers and enjoy the same defenses and immunities from lawsuits. Gervasio also said he's against implementing the program because it has divided the Morristown community.

"We don't really need that," he said. "I would just as soon he (Cresitello) leave things as they are until I get into office."

He said that if Cresitello implements 287(g), and he's elected mayor, he "would probably do away with it."

Dougherty did not respond to a request for comment.

Cresitello said the town would not have to pay for the training. The agreement with ICE specifies local authorities pay for transportation to the training program, which Cresitello said is now held in Virginia, but that they would be reimbursed under some circumstances. The federal government pays for other aspects of the training.

Abbott Koloff: 973-428-6636; akoloff@gannett.com