Thread: Pennacchio Prepared Legislation ot Force State and County Ja

Pennacchio Prepared Legislation ot Force State and County Jails to Enter into Agreements with ICE

Assemblyman Joe Pennacchio

FOR IMMEDIATE RELEASE: Contact: Amie Forgatch

September 27, 2007 973-984-0922


PENNACCHIO TO INTRODUCE LEGISLATION FORCING STATE AND COUNTY JAILS TO REPORT AND DEPORT CONVICTED ILLEGAL CRIMINALS

Morris Plains, NJ -- Frustrated by the inaction of the Attorney General and Administration to enter into agreements with the Immigration Customs Enforcement Agency (ICE) to allow reporting of illegal criminals being housed in state and county jails, Assemblyman Joe Pennacchio (R-Morris/Passaic) has prepared legislation that would do just that.

Previously, the Assemblyman had called on the Attorney General to expand her directive to force state and county jails to enter into agreements with ICE, but to date she has failed to do so. The Assemblyman followed by asking the Governor to use his executive power to expand the directive. Similarly, the Governor has yet to take such action. "I hope my colleagues in the Legislature see this issue as important an issue as I do and will join with me in getting this bill passed. I do not think there is any argument that illegal aliens convicted of crimes should be given a one way ticket back home once they have served time for their crimes," added Pennacchio.

"If an agreement is not signed, a potential loophole may allow these criminals to escape deportation because county and state law enforcement may have acted beyond their jurisdiction in ‘asking' these convicted criminals whether they have come here legally or illegally," concluded the Assemblyman.

DRAFT

An Act concerning federal immigration enforcement by certain corrections officers and supplementing Title 30 of the Revised Statutes.

Directs AG to enter memorandum of understanding with U.S. Attorney General empowering certain corrections officers to investigate immigration status of inmates.

An Act concerning federal immigration enforcement by certain corrections officers and supplementing Title 30 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Attorney General shall enter into a Memorandum of Understanding, as provided in Section 287(g) of the federal Immigration and Nationality Act (8 U.S.C.s1357(g)), with the United States Attorney General concerning the enforcement of federal immigration and customs laws by State and county corrections officers who have been specifically designated, authorized, empowered and trained for that purpose.

The memorandum shall outline the duties of those designated corrections officers. Those duties shall be limited to investigating whether inmates who are scheduled for parole or release are legal residents of the United States and, in those cases where the investigation reveals that an inmate's presence in the United States is not authorized under federal law, to report that information to United States Immigration and Customs Enforcement in the Department of Homeland Security.

The memorandum shall also include, but not be limited to, the training curriculum to be utilized; protocols of cooperation outlining the working relationship between the affected State, county and federal officers, offices and agencies; the amounts and payment dates of any federal moneys authorized and payable to New Jersey to defray the costs incurred in enforcing federal immigration and customs law pursuant to the memorandum; and certification that the State and county corrections officers authorized and empowered in accordance with the memorandum are acting under the color of authority under the provisions of Section 287(g) of the federal Immigration and Nationality Act (8 U.S.C. s.1357(g)) and shall be considered to be acting under color of federal authority for the purposes of determining the liability, and immunity from suit, for a civil action brought under federal or State law.

2. The Commissioner of Corrections and the administrators of each county correctional facility shall prepare a list of State and county corrections officers who have volunteered, and are approved by their employer, to be designated to enforce United States immigration and customs laws by investigating whether inmates who are scheduled for parole or release are legal residents of the United States and shall submit that list to the U.S. Attorney General. The Attorney General shall select the officers to be so designated from that list. In selecting the county corrections officers, the Attorney General, to the greatest extent practical, shall seek to ensure that officers employed by each county correctional facility are selected.

The duties performed by the officers designated pursuant to this section and who are trained, authorized and empowered pursuant to memorandum entered into under the provisions of section 1 of P.L. , c. (C. )(pending before the Legislature as this bill) shall be deemed to be within the scope of their authorized duties as State and county corrections officers and parole officers under New Jersey law.

3. This act shall take effect on the first day of the fourth month following enactment, provided, however, that the Attorney General, Commissioner of Corrections and the administrators of each county correctional facility may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.


STATEMENT

This bill authorizes the Attorney General to enter into a Memorandum of Understanding with the United States Attorney General, as provided under section 287(g) of the federal Immigration and Naturalization Act (8 U.S.C. s.1357(g)) to train and empower certain designated State and county corrections officers to perform limited enforcement functions and activities.

It is sponsor's belief that without a 287(g) agreement ensuring Federal oversight of immigration enforcement, there is potential that the State of New Jersey may lack the legal authority necessary to enforce certain violations of federal immigration law. It is the sponsor's position that an explicit agreement, or Memorandum of Understanding, with the U.S. Attorney General could eliminate the possibility that a State immigration enforcement initiative could be challenged in court on the grounds of federal preemption.

This bill would emulate similar successful plans that were implemented in the states of California and Arizona. For instance, in November, 2005, the Arizona Department of Corrections (ADC) began processing illegal immigrant inmates at their intake center as part of the 287(g) program. By processing illegal immigrants who met the criteria for early release and turning them over to ICE for removal, the ADC has realized a cost savings of $2,985,655.

Under the provisions of the bill, the designated officers would be trained and empowered to investigate whether inmates scheduled for parole or release are lawful residents and, in those cases where that investigation reveals that the inmate's presence in the United States is not authorized under federal law, to so notify United States Immigration and Customs Enforcement (ICE) in the federal Department of Homeland Security.

The terms of the memorandum are to set forth the training curriculum, protocols for the working relationship between the affected State, county and federal officers, offices and agencies; the amounts of federal assistance the State is to receive under the Homeland Security Appropriations Act for participating in the ICE 287(g) program and a certification that the participating corrections officers and parole officers are acting under color of federal authority for the purposes of determining the liability, and immunity from suit, for any civil action brought under federal or State law.

The bill provides that the participating officers are to be selected by the Attorney General from lists of volunteers who have been approved by their employing authority.

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Related Story

Assemblyman Joe Pennacchio

GOP lawmaker wants jails to deport illegal immigrants
by Melissa Castro Thursday September 27, 2007, 6:58 PM

A Republican state assemblyman from Morris County said today he plans to introduce legislation to allow jails to "report and deport convicted illegal criminals."

The bill by Joseph Pennacchio would require the state to enroll its corrections officers in a federal Immigration and Customs Enforcement program that trains and deputizes local authorities to file immigration charges and start deportation proceedings.

"These people have already had their day in court," Pennacchio said. "We know you're here illegally, you've committed a crime, you've worn out your welcome."

But since the bill would be introduced in the Democrat-controlled Assembly, and Pennacchio doesn't yet have a Democratic sponsor, his proposal may go nowhere. Joe Donnelly, a spokesman for Assembly Democrats, wouldn't comment on Pennacchio's proposal.

Pennacchio's proposal may also duplicate current state and federal policy.

In late August, Attorney General Anne Milgram issued a directive ordering local law enforcement authorities to check the immigration status of people arrested for serious crimes or drunk driving, and to report that information to ICE. As part of that directive, Milgram also recommended that corrections facilities consider having their officers deputized under 287(g), the federal-local immigration enforcement program, said David Wald, Milgram's spokesman.

Pennacchio's proposal comes two weeks after he confirmed that he is considering a run for Democrat Frank Lautenberg's seat in the U.S. Senate, in addition to his concurrent bid for state Senate.

Morris County Democratic Chairman Lew Candura agreed immigration is an important issue, but questioned the timing and the urgency of Pennacchio's announcement.

Read more in Friday's Star-Ledger.


See more in Morris County, News, Politics

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New Jersey needs this guy in the Senate, and so does America.