Saturday, December 15, 2018

ICE vs. New Jersey's Attorney General

by Brian T. Lynch, MSW

New Jersey’s Attorney General, Gurbir Grewal, finds that federal ICE agents are leaning on state and local police to enforce federal civil immigration laws, thereby reducing the effectiveness of our law enforcement agencies ability to fight crime within immigrant communities.

On November 29, 2018, Grewal issued a directive telling state law enforcement agencies not to blur the distinction between the federal government’s civil law enforcement agents and our state law enforcement agencies. He directed police agencies to, “… build trust within our state’s large and diverse immigrant communities,” so residents aren’t afraid to work with officers, “… to solve crimes and bring criminals to justice.” 

He didn't tell law enforcement not to cooperate with ICE, but to cooperate within constitutional boundaries and within guidelines that don't interfere with their essential mission. The Attorney General issued new guidelines that will go into effect in March.

The Directive immediately created a public clash between Federal Immigration and state law enforcement officials.

On December 8, 2018, the Star-Ledger newspaper reported that ICE arrested 105 immigrants in a five-day long raid conducted in sixteen New Jersey counties. While these raids were planned before the Directive, ICE officials told reporters who asked about the timing, “… there will likely be an uptick in arrests of immigrants living in the country illegally in the wake of state Attorney General Gurbir Grewal’s announcement last week that he is limiting how much local and state police can help immigration officials.”

ICE officials told the Star-Ledger that 80% of the immigrants they caught in that raid had prior criminal records. They said, “Our focus has been, and will continue to be, on arrests of illegal aliens who have been convicted of serious crimes or those who pose a threat to public safety.”

On December 14th the Star-Ledger reported on one of those “serious” criminals captured by ICE.

Dane Foster is a 36-year old Jamaican-born man who became a legal U.S. resident in 1997. He is the sole breadwinner in a family of four children with his wife, Alexsa, a disabled U.S. Army veteran who served for seven years. He is the owner of a small lawn care business. Foster was dropping off his daughter at her daycare center when three vehicles rushed in, surrounded his car and publicly arrested him.

Why was he targeted for arrest and deportation? He had a criminal charge nearly 20 years earlier for which he pled guilty and paid a fine.

Asked about Foster’s case, a spokesperson for ICE said, “ICE conducts targeted immigration enforcement actions in compliance with federal law. Dane Foster, a Jamaican national, is subject to removal from the U.S. based on his criminal history.”

Notice the changes from the prior ICE statement above. In the case of Dane Foster, ICE arrested a legal, not an illegal alien, and they dropped the word “serious” from in front of “criminal history.”

Can we fully trust a federal law enforcement agency like ICE when its public actions exceed its publicly stated mission? Is Dane Foster really a threat to public safety? Or is he more of an asset to the community? And who will care for his family now?



Old African Proverb: When elefants fight the grass dies.



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