Post by admin on Nov 2, 2008 9:28:44 GMT -5
www.app.com/article/20081102/OPINION/811020314/1001/newsfront
Monmouth sheriff takes immigration edict too far
In August 2007, state Attorney General Anne Milgram issued a directive 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 about two weeks earlier. One of the six suspects was an undocumented immigrant who recently had been released on bail.
The incident in Newark drew wide public outcry against undocumented immigrants and criticism of perceived inaction from federal and local authorities regarding immigration law enforcement.
In light of this politically divisive issue, Milgram's office rushed to allay public concern by issuing the directive, which ultimately led to confusion among law enforcement agencies and civil rights advocacy groups.
In one section of the directive, 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 287(g) program, which would seek to question every inmate coming to the Monmouth County jail about his or her immigration status, regardless of the offense for which they are incarcerated.
Despite the clarity of Milgram's directive, Guadagno has sought to go beyond that 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, although Monmouth County taxpayers would be funding all 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 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 U.S. citizens, deported to a foreign country, as has happened on numerous occasions.
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: Does the sheriff already have the necessary processes and procedures to effectively deal with undocumented immigrants? 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 Guadagno apparently believes Milgram has not gone far enough.
That 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 trust-based community relations that provide real protection for everyone.
God forbid 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 is secretary of the Monmouth County chapter of the Latino Leadership Alliance
Monmouth sheriff takes immigration edict too far
In August 2007, state Attorney General Anne Milgram issued a directive 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 about two weeks earlier. One of the six suspects was an undocumented immigrant who recently had been released on bail.
The incident in Newark drew wide public outcry against undocumented immigrants and criticism of perceived inaction from federal and local authorities regarding immigration law enforcement.
In light of this politically divisive issue, Milgram's office rushed to allay public concern by issuing the directive, which ultimately led to confusion among law enforcement agencies and civil rights advocacy groups.
In one section of the directive, 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 287(g) program, which would seek to question every inmate coming to the Monmouth County jail about his or her immigration status, regardless of the offense for which they are incarcerated.
Despite the clarity of Milgram's directive, Guadagno has sought to go beyond that 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, although Monmouth County taxpayers would be funding all 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 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 U.S. citizens, deported to a foreign country, as has happened on numerous occasions.
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: Does the sheriff already have the necessary processes and procedures to effectively deal with undocumented immigrants? 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 Guadagno apparently believes Milgram has not gone far enough.
That 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 trust-based community relations that provide real protection for everyone.
God forbid 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 is secretary of the Monmouth County chapter of the Latino Leadership Alliance
