AG's guidance needed
on cops and immigrants
BY DEBORAH JACOBS AND
ED BAROCAS, nj.com July 27, 2007
Ever since the mayor of Morristown
launched a campaign to have town police officers deputized to engage in federal
immigration enforcement, some townspeople and others have hoped, unsuccessfully,
for intervention by the state attorney general.
The mayor's idea is to give local police the power to investigate people's
immigration status, take immigrants into custody, and hand those they suspect of
violating immigration laws over to the federal Immigration and Customs
Enforcement, where they would potentially face deportation proceedings.
In addition to human and civil rights advocates, Gov. Jon Corzine and numerous
law enforcement professionals -- including Morristown Police Chief Peter Demnitz
-- have spoken out against this role for local police. The central reason
for their opposition is that acting as immigration enforcers makes it difficult
for police to do their primary job: to serve and protect.
Indeed, when immigrants fear that the police will send them to ICE, they're too
often afraid to report crimes against them or come forward as witnesses to
crimes against others. Trust between the police and community erodes, and
the police have a harder time combating crime.
Things spun out of control in Morristown after the city council endorsed the
mayor's efforts. Hostilities between immigrant community members and those
supporting the mayor's plan have grown. Many of those community members
are American citizens or lawful residents. A climate of alienation has
been fueled by events like tomorrow's demonstration to promote the mayor's plan.
The demonstration is sponsored by a national organization called the ProAmerica
Society, and apparently will be joined by white supremacists.
Seeking guidance, dozens of people concerned about this issue and the climate in
Morristown -- including groups as diverse as American Friends Service Committee,
the Latino Leadership Alliance of New Jersey and the New Jersey Coalition
Against Sexual Assault -- have gone to the Attorney General, New Jersey's chief
law enforcement officer, for help.
Unfortunately, neither former Attorney General Stuart Rabner (recently sworn in
as the state's chief justice) nor current Attorney General Anne Milgram has
stepped in to either prohibit such arrangements or develop guidelines for local
police cooperation with federal agencies. By remaining silent, they have
missed an opportunity to give New Jersey towns needed information and guidance,
to show leadership in statewide law enforcement concerns, and to relieve tension
in the community.
The matter clearly raises legal questions for the Attorney General's
interpretation. For example, how do police officers work for both the
federal government and the state government, when under citizens under New
Jersey's state constitution affords residents more rights than the U.S.
constitution? Which master do they serve? What are the best
practices for successful criminal law enforcement, and how are they affected if
police have this dual role? What are the implications for taxpayers on
potential racial profiling lawsuits that might result from this practice?
There is precedent for the Office of Attorney General to address best practices
for law enforcement in New Jersey. For example, former Attorney General
John Farmer Jr. established a policy that all New Jersey police departments must
use sequential line-ups, proven to be the best method for eliciting accurate
crime witness identifications.
In addition, former Attorney General Peter Harvey sought to formulate policy on
videotaping of police interrogations.
Whatever policies the attorney general promulgates on the Morristown issue may
please or displease the various sides. However, once she steps in, the
dialogue will move from a story about community members pitted against one
another, to a much needed debate about best law enforcement policy and police
practices.
The attorney general's input is also critical because this issue is not limited
to Morristown. Similar dialogues and tensions have arisen in many other
New Jersey towns.
The attorney general's leadership here is overdue. Attorney General
Milgram should not make the same mistake that some of her predecessors made with
racial profiling, waiting for the spark to ignite, or a tragedy to occur, before
taking action. New Jersey deserves better.
Deborah Jacobs is executive director and Ed Barocas is legal
director for the American Civil Liberties Union of New Jersey.
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