New Jersey Demanded Its Counties End Their 287(g) Agreements. Three of Them Are Suing the State Instead

New Jersey Attorney General Gurbir Grewal

Monmouth, Ocean, and Cape May Counties are suing the state of New Jersey over the Attorney General’s Directive, which placed limits on the amount of aid local law enforcements could use when cooperating with immigration authorities.

Titled the “Immigrant Trust Directive,” the policy put into place by Attorney General Gurbir Grewal most recently blocked Monmouth County from participating in a federal program that trains corrections officers to determine the immigration status of jail inmates and then flags them for federal action. An earlier state directive, handed down in September, seeks to prohibit the sheriff’s departments in Monmouth and Cape May Counties from continuing the 287g agreement that has allowed some of their officers to act as immigration agents in county jails. Monmouth and Cape May Counties both renewed for a decade despite Grewal’s directive. 

Angered over the fact that they can’t jail and hold people for ICE to deport them, the counties are moving towards suing the state to continue. It begs the question how much money does ICE give to allow constitutional rights to be revoked for undocumented individuals living in New Jersey? 

The Directive’s goal, according to Grewal, “is clear—to make it easier for New Jersey’s law enforcement officers to solve crimes and ensure the safety of all 9 million people in our state by building trust with our large and diverse immigrant communities. Because of the bright line between New Jersey law enforcement officers and federal civil immigration agents, immigrants can come forward as victims and witnesses of crimes without fear of reprisal.”

Monmouth County is arguing that it is unprecedented that state officials supersede federal law, as the AG’s directive runs counter to federal Department of Justice guidance. “We wanted someone in here to make sure Monmouth County is protected and do the right thing,” Freeholder Director Tom Arnone argued, “We have never had a period of time when the (New Jersey) attorney general has made a ruling over the DOJ. Right or wrong, we are obligated to do our due diligence.”

Not surprisingly, the arguments fall back onto a rhetoric of keep citizens safer, blaming the recent bail reform in place for possibly pushing out violent offenders that could otherwise be picked up by ICE. 

While state politicians and some residents claim that the agreements keep the Monmouth County residents safe, others are against continued cooperation. The idea that immigrants commit more violent crimes has proven time and again to be false, dredged up for the purpose of justifying ICE’s cruelty and encroachment of civil liberties. Increasingly, minor misdemeanors that would land a citizen with a ticket and an uncomfortable day at court are being used as justification to deport large populations in immigrant communities, both in the state and beyond. 

It is hypocritical that those counties, who proudly harken to their Italian, Irish and immigrant roots at the drop of a hat, would whoop and holler for the ability to throw those whose histories aligned with our own in prison indefinitely. Fleeing violence, economic hardship, and increasing poverty, they’ve come into this country – and this state – to make a better life for themselves.

Our families fled from the same. Fleeing economic hardships, famine, rising fascist governments and violence, they came to this country to make a better life. Now, in the face of Libertas, we’ve spit on them as violent offenders and gleefully watch them being separated from their families and loved ones. 

Have we no shame?

Never Again Action, Elizabeth, New Jersey, June 2019

(Photo Credit 1: Tariq Zehawi / Asbury Park Press) (Photo Credit 2: Facebook / Never Again Action)