The directive…mandates that police with "reason to believe that the person may not be lawfully present in the United States" notify the Immigration Customs Enforcement agency and the court
By: Nick Norlen
It has been three weeks since the state attorney general issued a directive requiring police officers to inquire about the citizenship status of individuals arrested for indictable offenses, but some Princeton officials are continuing to cite the concerns that accompanied its release Aug. 22.
The directive, issued by state Attorney General Anne Milgram following the arrest of illegal immigrants in connection to the murder of three Newark college students, mandates that police with "reason to believe that the person may not be lawfully present in the United States" notify the Immigration Customs Enforcement agency and the court.
Last month, Princeton’s police chiefs said they would seek further information from the county prosecutor’s office about what that "reason" would be.
Councilman David Goldfarb had the same question Tuesday.
"I don’t carry proof that I’m a citizen. I think most citizens of the U.S. don’t carry proof that they’re a citizen," Mr. Goldfarb said. "Why would someone think about carrying a passport or a birth certificate around?"
He went on to question what criteria police officers could use when making the determination of whether or not someone is a citizen.
"The way I speak?" he asked. "The way I look?"
Councilman Roger Martindell interjected.
"It’s called prejudice," he said.
"Exactly," said Mr. Goldfarb.
Saying the mandate puts "a very unfair burden on our police officers," Mr. Goldfarb suggested that officers simply report the names of everyone arrested for serious crimes.
But Mr. Martindell cited concerns that doing so may increase costs associated with the reporting process.
Chief Anthony Federico said the two councilmen’s concerns are not new.
"The issue that Mr. Goldfarb raised has been raised in the state chief’s meeting and with the county prosecutor’s office," he said. "It is an issue and I don’t disagree."
He explained that officers typically ask for proof of residence only when suspects aren’t able to provide a driver’s license or other identification.
But, when suspects claim that they are citizens, "then you stop," he said.
Although Mr. Martindell said such exchanges "would discharge the responsibility of our department to the state attorney general," he said "it wouldn’t do anything to foster compliance with the law or truthful statements to police officers."
And if suspects’ statements about their citizenship were later revealed to be untrue, they could be arrested for providing false information to a police officer, Chief Federico said.
"It’s a catch 22," he said.
The issue was added to the agenda of the next public safety committee meeting.