August 23, 2007

Re: Attorney General Directive Concerning Immigration and                                                                                      State and Local Law Enforcement

Dear Mayor,

Attorney General Anne Milgram yesterday issued a directive to state and local law enforcement agencies, effective immediately, regarding their relationship with federal immigration authorities. The directive says that local police must inquire about immigration status after an officer has arrested an individual on serious criminal charges, and shall notify Immigration Customs Enforcement (“ICE”), the prosecuting agency, and the court if there is a reason to believe that the arrestee may be an undocumented immigrant.

The directive lists specific indictable offenses and driving while intoxicated as crimes for which a police officer should ask about an individual’s citizenship, nationality, and immigration status after an arrest. The directive also declares that no law enforcement officer shall inquire about or investigate the immigration status of any victim, witness or person requesting assistance from the police.

Guidelines are also set for municipalities that apply to U.S immigration authorities for “Section 287(g) authority”.  Section 287(g) permits the federal government to enter into agreements with municipalities to deputize local officers on the street to enforce federal immigration laws.  The directive indicates that Section 287(g) officers can only invoke their federal immigration authority after placing an undocumented immigrant under arrest for an indictable offense or driving while intoxicated charge. Any inquiries by a Section 287(g) officer into immigrant status must be documented and reported to superiors, and those police departments shall submit a monthly report to the Division of Criminal Justice in the Department of Law and Public Safety detailing investigations into immigrant status.

The directive can be accessed online at http://www.nj.gov/oag/newsreleases07/pr20070822a.html If you have any questions or concerns about this communication, please contact Deborah M. Kole, Staff Attorney, at the League, ex. 137, or at dkole@njslom.com

Very truly yours,

William G. Dressel, Jr.
Executive Director