Concerned for Public’s Safety, County Detains Criminal Illegal Aliens for ICE

CREST HAVEN – The term “ICE detainer” means little to many, but to criminal illegal aliens incarcerated for certain crimes, it might mean a return to one’s native land.
Cape May County has, for many years, honored those requests to retain, up to 48 hours, those criminal illegal aliens in the County Correctional Center for Immigration and Customs Enforcement (ICE) and prior to that new agency, the previous Immigration and Naturalization Service.
In the past there were between 20-30 individuals over a year held under detainers, but under new guidelines, there have been about 12 held. They include persons who committed first and second degree crimes, such as drug or gang activity, terrorist activity or assaults. Those crimes are considered indictable offenses.
The matter of criminal illegal aliens became a national topic after the July murder in San Francisco, Calif. of a 32-year-old woman allegedly shot by an undocumented immigrant who had been deported from the U.S. five times, who has a criminal history with seven prior felonies. San Francisco is a “sanctuary city” whose policy was scrutinized after the slaying.
Concerned about Cape May County citizens’ safety, Freeholder Director Gerald Thornton asked Sheriff Gary Schaffer and Warden Donald Lombardo about the policy of holding such persons for federal authorities.
“They told me most counties were releasing undocumented alien criminals. Our county has always complied with the Feds’ request to retain these individuals. I didn’t want us to be a sanctuary county,” Thornton stated.
In November 2014, the federal government formed the Priority Enforcement Program (PEP) from the prior Secure Communities Program. Lombardo said under the former program ICE would issue a detainer for a certain person being held by law enforcement so they would know when that person was being released from jail.
Due to a Pennsylvania case in March 2014 in which a detainer was issued for someone, that person filed suit and the case was decided in Third District Federal Court in Philadelphia.
“As a result of that, all sheriffs and wardens in New Jersey were advised they should not comply with detainers because they are a request, not an order,” said Lombardo.
Each county was left to decide on its own how to proceed.
“At that time the majority of jails in New Jersey decided not to hold them. It was Salem County and us in South Jersey,” said Lombardo.
In Cape May County the matter was placed before the sheriff, First Assistant Prosecutor Robert Johnson and Acting County Counsel James Arsenault for opinions, Lombardo said.
As a result the Office of the Sheriff adopted a policy endorsed by the Cape May County Chiefs of Police Association permitting the 48 hour retention of criminal illegal aliens to give ICE officials an opportunity to assume responsibility of the individual.
Lombardo noted there are two sides to the issue. “One side feels they are not proper, that it is not a judicial order, even though under Title 8 it is covered in federal regulations. There were a lot of counties that felt since it was not a judicial order, they do not hold them,” he added.
“Counties that held them did so out of concern for their citizens. They felt they should honor the detainer,” he said.
Under the latest program, the clock for 48 hours means exactly that, no weekend or holidays and no exceptions, the warden said.
Following the California tragedy, some counties, including Atlantic and Ocean decided to honor the detainer requests, he said.
“We’ve been on board since the beginning,” said Schaffer. He cited an “unprecedented award” that the county received from ICE in January 2012. “We have always had a good relationship with ICE, whose local office is in Marlton,” he added.
“ICE continues to work cooperatively with our local law enforcement partners throughout the country to develop policies and procedures that best represent all agencies efforts to uphold public safety.
“PEP is a balanced common sense approach that places the focus where it should be on criminals and individuals who threaten the public safety.
“I’d like to thank Cape May County for its support and continuing partnership. ICE is committed to working with its law enforcement partners in New Jersey and nationwide to achieve that mission,” stated John Tsoukaris, ICE field office director, New Jersey.