Town seeks new power over illegal immigrants

Morristown wants to give its police the same authority as federal officers

Tuesday, March 13, 2007
BY MAURA McDERMOTT
Star-Ledger Staff

Taking a harder line on illegal immigrants, Morristown is seeking to have its police officers deputized as federal immigration officers, making the community one of the first in the nation to undertake such an effort.

If accepted into a program run by the U.S. Immigration and Customs Enforcement agency, Morristown officers would gain the ability to check suspects' immigration status, charge them with civil immi gration violations and order them to appear in federal immigration court. Those duties are generally carried out by federal authorities.

Morristown officials have long fielded complaints about immi grants living in overcrowded homes, a problem known as "stack ing," and about day laborers congregating on street corners. The federal program "is an option we have to investigate," Councilman Dick Tighe said.

"We have stacking issues, we have education issues, and in fairness to the workers, a lot of them are being ripped off because they don't have proper documentation," Tighe said.

Across the nation, just 10 law enforcement agencies are actively enrolled in the program, created in 1996 through an amendment to the Immigration and Nationality Act.

Participating agencies include corrections facilities in California, North Carolina and Arizona, along with state police forces in Florida and Alabama.

Florida's program focuses solely on domestic security, while in Alabama, all those who are stopped by state troopers have their immigra tion status checked, according to officials in those two states.

Morristown's application, coming at a time of increased political debate over illegal immigration across the nation, is part of a new wave of interest in the federal program. Nearly 50 agencies, including some 20 local police departments, have recently asked to take part, according to ICE.

Morristown appears to be the first municipality in New Jersey to apply.

A spokesman for ICE, Michael Gilhooley, said Friday he had no record of any New Jersey municipalities applying. Mayor Donald Cresi tello submitted the town's applica tion letter that day, Tighe said yesterday. Cresitello did not return calls for comment.

Yesterday, Gilhooley said ICE does not confirm or discuss appli cations before they are approved.

In general, he said, ICE conducts a "lengthy" review process before federal and local authorities sign a memorandum of agreement. Local police departments undergo five weeks of training.

Cresitello is seeking to have six to 10 officers trained by the federal agency, enough for one officer on each shift, Morristown Police Chief Peter Demnitz said.

Granting such powers to local officers helps fight crime and reduce illegal immigration, said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, D.C.

"State and local police officers encounter illegal aliens every day in the normal course of their business, and they can be an important force multiplier for the federal government," Krikorian said.

But critics say the program overburdens local police officers and risks scaring off illegal immi grants who are victims or witnesses to a crime because they might fear deportation.

"To strike fear of adverse immi gration consequences, that's going to build silence and it's going to make communities less safe," said Elissa Steglich, managing attorney at the American Friends Service Committee's immigrant rights program in Newark.

Demnitz, for one, isn't convinced it will work.

"I believe that the mayor's heart's in the right place. He's trying to respond to concerns about stacking issues," Demnitz said.

However, the chief added, "right now, I don't see how it's going to work in Morristown and whether it's going to have the effect that people and the mayor are hoping it will have."

Nearly a third of the town's residents were foreign-born, according to the 2000 Census, but there are no reliable estimates of Morristown's illegal immigrant population.

Demnitz said he's not worried immigration duties would impose a burden on his 58-member department. But he noted the Major Cities Chiefs Association has issued a statement opposing local police enforcement of immigration laws, and he said the program's downsides might outweigh its benefits.

Town residents who are in the country illegally said they would be afraid of local police -- and might hesitate to report crimes -- if local officers start enforcing immigration laws.

"I would be afraid, because I don't have documents," Wilfredo Hernandez, a 50-year-old day laborer, said in Spanish.

Jesus Paz, 35, said he and other illegal immigrants he knows work hard, do not do drugs and are not delinquents.

"If there's no crime, there's no reason" for local police to arrest people on immigration charges, he said in Spanish.

Local police already refer sus pects to ICE if charges are serious enough to merit federal attention, Demnitz said. In one instance, a known gang member was arrested, referred to ICE and later deported, he said.

Supporters of the federal program insist that unless federal authorities crack down on illegal im migration, local authorities need to step in.

Gayle Kesselman, co-chairwoman of New Jersey Citizens for Immigration Control in Carlstadt, said she has urged the Bergen County sheriff -- who oversees the county jail -- to apply.

"I'd like to see it happening all over New Jersey," she said. "We can't rely on the federal government to enforce our immigration laws. It is a local problem as well as a federal problem."



Staff writer Mark Mueller contributed to this report. Maura McDermott may be reached at mmcdermot t@starledger.com or (973) 539-7910.




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