Sensibility By New Jersey Attorney General

Attorney General Anne Milgram today required all local police officers in New Jersey to inquire about the immigration status of suspects charged with serious crimes, and to notify federal immigration authorities if there is reason to believe the suspect is in the country illegally.

The requirements, which go into effect immediately, apply to suspects arrested for indictable offenses and for driving while intoxicated, Milgram said. If the suspect is unable to prove he or she is legally in the United States, the police officer is required to notify Immigrations and Customs Enforcement, she said. The policy also specifies that prosecutors and courts be notified.

Local officers cannot inquire about the immigration status of crime victims, witnesses to crimes or persons requesting police assistance, she said.

Now, it remains to be seen whether municipalities, including Newark, will adhere to the AG's requirements or whether they will continue their misguided policies of looking the other way on arrests and other law enforcement interactions with individuals who are later determined to be illegal aliens.

Determining the identity of someone needs to include obtaining whether someone is a legal citizen, legal resident, or an illegal alien, as that can and should have an effect on whether bail is granted based on the flight risk, and whether detainer and deportation should be considered.

I suspect that Newark will try to skirt the rules based on Mayor Booker's (D) statements last week.