ICE Detention and Deportations

Fair and Welcoming New Jersey For All

Bring Trust Back

When local law enforcement voluntarily cooperates with or works on behalf of Immigration and Customs Enforcement (ICE), significant gaps in trust and cooperation grow between immigrant communities and the police. When there are close ties between local law enforcement and ICE, immigrants are less likely to report crimes, act as witnesses in criminal investigations and prosecutions, or provide intelligence to law enforcement. Better community policing depends on building trust with every community.

Currently, Attorney General Directive 2007-03 requires local police departments to inquire about the immigration status of certain arrestees and share it with ICE. Local police and county jails in New Jersey are further cooperating voluntarily with ICE by honoring warrantless detainer requests and administrative warrants issued by ICE, providing ICE agents with access to jail facilities and inmates, and using local resources to aid ICE enforcement actions. Federal law does not require states to aid ICE enforcement actions and New Jersey - and its localities - should not be in the business of immigration enforcement.

NJAIJ urges our state to join states and localities around the country in adopting policies to ensure our state becomes a Fair and Welcoming state, establishing clear separations between our state resources and federal immigration enforcement. This includes declining to cooperate with ICE requests to detain an individual unless ICE provides a judicially-issued warrant, and declining to use local resources to facilitate ICE enforcement such as access to databases, public facilities, or schools. ICE should not be allowed to enter courts across the state to conduct federal enforcement activities. Additionally, New Jersey should repeal and replace sections of AG Directive 2007-03 to ensure law enforcement does not inquire into immigration status.

Ending Unconstitutional Detention of Immigrants

Three counties in New Jersey contract with the federal government through the 287g program to deputize local law enforcement to perform immigration law enforcement functions. Additionally, three counties – Bergen, Essex and Hudson, have entered into lucrative Intergovernmental Service Agreements (IGSA) through the rental of county jail space to ICE for immigration detention. These types of contracts undermine the criminal justice system and erode the community’s trust in local police, while using county resources and time to detain immigrants on behalf of the federal government. Such agreements also open localities to liabilities due to possible violations of civil rights of those detained. The due process and civil rights of community members, immigrant and nonimmigrant, are often violated due to substandard conditions and deteriorating services.

NJAIJ urges counties and localities to oppose all 287g and IGSA contracts with ICE and encourages the state to do everything in its power to incentivize localities not to contract with ICE. Additionally, New Jersey should have a detention oversight committee that ensures that the conditions and services for all detainees in state and county jails adhere to human rights standards and maintain the dignity of those currently held in facilities paid by taxpayers.

Sign our petition calling on New Jersey leadership to end all state and local resources from going towards federal immigration enforcement

Due Process for All

Immigrants who are facing immigration deportation proceedings are not guaranteed free legal representation because immigration proceedings are civil, not criminal. This violates immigrants’ due process and keeps people in detention for long periods of time. Most immigrants who face court hearings without representation lose their case and low income immigrants are less likely to be able to afford representation. States like New York and major cities across the country have already implemented public legal defense programs to represent immigrants who can’t afford legal counsel.

NJAIJ calls upon our state to prioritize due process and rule of law by establishing a statewide legal counsel program to provide representation in civil proceedings to those who cannot afford it. This will prevent families from being separated due to inability to pay an attorney.