Feds let local cops nab illegals linked to serious crimes

The Star-Ledger (Newark, New Jersey)
July 11, 2009 Saturday
LAWRENCE RAGONESE AND MARK MUELLER, STAR-LEDGER STAFF

Two New Jersey law enforcement agencies will take part in an overhauled federal program that allows local officers to act as immigration agents, giving them the power to initiate deportation proceedings against illegal aliens connected with serious crimes.

The Morristown Police Department and the Monmouth County Sheriff's Office -- agencies in communities where illegal immigration has been a hot-button issue -- were among 11 departments nationwide accepted into the program, which has been revamped to allay fears it would be used to target or harass immigrant groups.

In its previous incarnation, the program had been criticized by Congress' investigative arm, the General Accountability Office, for failure to supervise participating agencies. Government investigators said in May that in some cases, police officers who had been deputized as immigration agents swept up large numbers of immigrants on minor offenses, such as speeding and drinking in public, in an effort to rid their communities of illegal aliens.

The newly stated purpose of the program is to catch "criminal aliens who pose a threat to public safety or danger to the community," according to a statement by U.S. Immigration and Customs Enforcement. Under the revised program, participating agencies are required to make the identification of illegal aliens who commit serious crimes their top priority. The changes set priorities for the identification of illegal immigrants who are convicted of or arrested for, respectively, major drug or violent crimes; then, those involving minor drug or property crimes; and those linked to other crimes.

Napolitano promised better tracking of arrests and supervision of participating agencies to ensure they comply with the new guidelines.

In a statement, she said the initiative is designed to "improve public safety by removing criminal aliens who are a threat to local communities."

The federal-local partnership allows departments to begin the deportation process on their own, referring defendants to federal deportation court. Agencies not enrolled in the program, by contrast, must go through ICE, a slower, more cumbersome process.

Morristown Mayor Donald Cresitello, who made national headlines two years ago by launching an unsuccessful effort to deputize town police to enforce federal immigration laws, said he would move to send some local police officers for special training as soon as possible.

"This vindicates my position that something should be done on this issue,'' Cresitello said. "The Obama administration reviewed it, made sure the rules of the program are the same everywhere and moved it ahead."

But Diana Mejia, co-founder of Wind of the Spirit immigrant resource center in Morristown, was alarmed.

"This is very disappointing," Mejia said. "The Hispanic community has been very afraid to interact with police, and this will not make it better. We certainly don't want police to be profiling people in town."

Monmouth County Sheriff Kim Guadagno said her office's participation should send a message to illegal aliens who break the law. Illegal immigration has been an increasingly volatile issue in Freehold, the county seat and a popular gathering spot for day laborers.

"If you are an illegal alien and commit a crime in Monmouth County, you will be identified, turned over to federal authorities and deported if appropriate," Guadagno said.

The program, named for Section 287 (g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, had been suspended during the Obama administration's review. More than 60 law enforcement agencies across the country had been taking part, but none in New Jersey.

Homeland Security and ICE will soon re-sign formal agreements with participating local police agency partners, federal officials said yesterday. A "sunset clause" would keep the deals in effect for at least three years from the date of signing unless terminated by either party, they said.

In addition to Morristown and Monmouth County, new agreements are being worked out with Gwinnett County, Ga.; the Rhode Island Department of Corrections; the Delaware Department of Corrections; the Houston Police Department; the Mesquite Police Department in Nevada; the Mesa Police Department in Arizona; Florence Police in Arizona; Guilford County, N.C.; and Charleston County, S.C.

The Associated Press contributed to this report.

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