The County of Middlesex has and will continue to cooperate with all law enforcement agencies at the local, state and federal levels in order to ensure the safety of its residents. Notwithstanding, the Board of Chosen Freeholders has determined that it is in the best interest of Middlesex County to adopt a clear policy regarding immigration matters and the interaction between agents, officers, or other representatives of Homeland Security’s Immigration and Customs Enforcement (“ICE”) and the Middlesex County Adult Correction Center and Sheriff’s Department.
I. Adult Correction Center
A. It has recently been ruled by the United States Court of Appeals for the Third Circuit, which covers the State of New Jersey, that compliance with 48 hour civil detainers requests from ICE (currently Form I-247A) to local law enforcement authorities, prisons, and jails, is not mandatory but, rather, is voluntary. Therefore, it shall be the general policy of the County of Middlesex to decline 48 hour civil detainer requests from ICE (hereinafter referred to as “detainer requests”) for any individual currently being held in the Adult Correction Center on any criminal charge or other violation except under the following two circumstances in which circumstances the County will honor the detainer requests;
1. When the subject of a detainer request has been previously convicted of a first or second degree serious offense (listed below as items a through e), or the equivalent offenses in any other jurisdiction outside of the State of New Jersey.
a. Offenses Involving Danger to the Person or Community
i. Criminal homicides, 2C:11-2
a. Murder, 2C:11-3
b. Manslaughter, 2C:11-4
c. Death by vehicular homicide, 2C:11-5
ii. Aggravated Assault, 2C:12-1
iii. Offenses involving a “deadly weapon,” as defined in 2C:11- 1c (firearms, stun gun, knives, simulated weapon)
iv. Offenses causing “serious bodily injury” or “significant bodily injury,” as defined in 2C:11-1 b and d
v. Sexual Assault and Aggravated Sexual Assault, 2C14-2
vi. Terroristic threats during a declared period of national, State or County Emergency, 2C:12-3
vii. Kidnapping, 2C:13-1
viii. Luring or enticing a child, 2C:13-6
ix. Human trafficking, 2C:13-8
x. Robbery, 2C:15-1
xi. Carjacking, 2C:15-2
xii. Bias Intimidation, where there is an underlying crime connected to the bias intimidation that is a crime of at least the third degree or higher 2C:16-1
b. Offenses Against Property
i. Arson, 2C:17-1(a)
ii. Causing or risking widespread injury or damage, 2C:17-2(a)
iii. Burglary, 2C:18-2a&b.(1) & (2)
iv. Theft of $75,000 or more, or property is taken by extortion; or the property stolen is CDS or a CDS analog, in excess of 1kilogram, or the property stolen is a person’s Federal or State benefits, or from any other source, 2C:20-2b(a), et seq.
c. Offenses Against Others
Endangering the Welfare of children, 2C:24-4
d. Offenses Against Public Order, health and Decency;
i. Controlled Dangerous Substances, 2C:35-1, et seq.
ii . Soliciting or recruiting gang members, in the course of which significant bodily injury is inflicted upon another, 2C:33-28c.
iii. Anti-Terrorism Act, 2C:38-1, et seq.
e. Other Offenses
i. Escape or Eluding an officer, if the flight or attempt to elude creates a risk of death or injury to any person, 2C:29-2, et seq.
ii. Tampering with Witnesses and Informants-Retaliation against them, if the actor uses force or the threat of force, 2C:28-5
2. When the subject of a detainer request has been the subject of a Final Order of Removal/Deportation issued and signed by a Federal Judge.
B. When any agent, officer or other representative of ICE requests access to the Adult Correction Center to interview any individual in custody, such individual shall first be provided with a written fact sheet by the Correction Center personnel outlining various rights that such individual possesses with respect to such requested interview by ICE.
II. Sheriff’s Department
A. The provisions of Sections IA and IB under Adult Correction Center above pertaining to detainer requests shall apply also to the Sheriff’s Department for any individual in their custody.
B. In carrying out any of their duties no Sheriff’s Officer shall in any way assist any agent, officer or other representative of ICE in the detention of any individual not in the custody of the County unless necessary to assist in the arrest of any individual for a crime in progress and/or assistance is in the immediate interest of public safety.
III. General Policies
A. It shall further be the general policy of the County of Middlesex that the Adult Correction Center and/or Sheriff’s Department, when presented with a Warrant of Arrest of Alien (currently Form I-200) to not detain or turn over any inmate or other individual in their custody to ICE unless the warrant shall be accompanied by an arrest warrant issued and signed by a Federal Judge.
B. It shall further be the general policy of the County of Middlesex that the Adult Correction Center and/or Sheriff’s Department, when presented with a Warrant of Removal/Deportation (currently Form I-205) to not detain or turn over any inmate or other individual in their custody to ICE unless the warrant shall be accompanied by a Warrant of Removal/Deportation issued and signed by a Federal Judge.
C. It shall further be the general policy of the County of Middlesex that neither it nor the Adult Correction Center or Sheriff’s Department shall enter into any Section 287(g) agreements with ICE.