On Aug. 22, 2007 New Jersey Attorney General Anne Milgram issued Law Enforcement Directive No. 2007-3 which was intended to provide rules of engagement to New Jersey law enforcement agencies during encounters with suspected undocumented immigrants. The directive was hastily crafted in reaction to the murders of three college students in Newark on Aug. 4, 2007, where one of the six suspects was an undocumented immigrant recently released on bail.
The incident in Newark drew wide public outcry against undocumented immigrants and much criticism of perceived inaction from federal and local authorities regarding immigration law enforcement. In light of this politically divisive issue, occurring during an election campaign cycle, Milgram’s office rushed to allay public concern by issuing the aforementioned directive that ultimately led to confusion among law enforcement agencies, as well as civil rights advocacy groups.
In Section B, Item No. 7 of Milgram’s directive, “Provisions Applicable to All Other Section 287(g) Officers,” the attorney general was very explicit in detailing that, “A Section 287(g) officer may not exercise federal law enforcement authority under Section 287(g) unless and until an officer has arrested an individual(s) for violation of an indictable offense, or for driving while intoxicated, under state law.”
Milgram’s directive seems at odds with the recent misguided application by Monmouth County Sheriff Kim Guadagno for the federal 287g program, which would seek to question every inmate coming to the Monmouth County jail about their immigration status regardless of the offense for which they are incarcerated.
Despite the clarity of Milgram’s directive, Sheriff Guadagno, perhaps with visions of higher office in mind, has sought to go beyond Milgram’s directive under the guise of ensuring that “criminals” are not unduly released for fear of further harm to the community.
Apparently, during this election cycle, there haven’t been enough incidents of indictable offenses or driving under the influence by undocumented immigrants to satisfy Guadagno’s appetite for political pandering.
The 287(g) program would provide the sheriff with personnel and tools to punish individuals being held at the Monmouth County jail even if they do not meet the criteria set forth by the attorney general’s directive.
This would come at a price that cannot be measured in purely financial terms, althoughMonmouth County taxpayers would be funding all of the costs of implementation and compliance with the 287(g) program.
The larger price we pay is the diminished trust of law enforcement by anyone not properly documented. The need for communications between local authorities and the immigrant community to ensure effective law enforcement will be completely undermined by the news of Sheriff Guadagno’s desire to aggressively pursue expulsion of any and all undocumented immigrants passing through the doors of her jail.
Anyone being held there would presumably be subject to the same scrutiny, but I am concerned that only those demonstrating Latino traits will be targeted. As a Puerto Rican, I am concerned that members of my community will get caught in the mix and subjected to differential treatment as a result. They may even find themselves, as United States citizens, deported to a foreign country as has happened on numerous occasions in the past.
What exactly would Monmouth County gain by this program? The jail already houses immigrant detainees and there is already in place a process to determine their immigration status.
So the question that remains is, does the sheriff already have the necessary processes and procedures to effectively deal with undocumented immigrants by virtue of the existing agreement with ICE (Immigration and Customs Enforcement)? I believe the answer is a resounding yes.
Milgram has provided the guidelines to law enforcement during a first encounter. The guidelines, although porous and confusing, allow for a more just method of filtering the real criminals. But the sheriff apparently believes that Milgram has not gone far enough.
That Sheriff Guadagno has decided to trump Milgram’s directive with the Section 287(g) program makes for interesting political posturing, but has the certain collateral impact of undermining longstanding efforts by local law enforcement to maintain trustbased community relations that provide real protection for everyone.
God forbid that an undocumented immigrant fails to report a crime on the order of the Newark murders because of one sheriff’s political aspirations, and the fear tactics she intends to employ.
Angel Matos
Secretary
Monmouth Chapter
Latino Leadership Alliance
of New Jersey
Freehold Borough

