Nolan Defends 287(g) Program in Letter to AG

CREST HAVEN – Cape May County Sheriff Robert Nolan complied with a state Attorney General (AG) request Aug. 16 for more information on the conduct of the county’s 287(g) program agreement.
The agreement allows designated and trained personnel to perform federal immigration enforcement functions.
Nolan’s letter and accompanying information to Veronica Allende, director, Division of Criminal Justice in the AG’s Office, were required by the AG after Nolan extended the U.S. Immigration and Customs Enforcement (ICE) agreement for 10 years prior to the effective date of an AG directive that would have mandated state approval of any such agreement.
Nolan was asked to supply his reasons for signing the agreement, to provide statistics of the county’s involvement with ICE since the inception of an earlier agreement signed by Nolan’s predecessor in March 2017, and to summarize the results of a required public forum on the issue.
The Aug. 16 correspondence accomplished much that was requested, but no forum has been held, thus no summary of public sentiment is available.
Nolan said that it was too difficult to hold the forum during the summer when the county is dealing with a large influx of individuals who multiply the county’s population. He said he is looking to schedule the forum in September, and estimates he will supply the results to the AG’s Office by Sept. 20.
Defense of the Program
Nolan’s letter to Allende defended the program as one that protects county residents “from dangerous criminals,” individuals, he said, who are “deemed ‘egregious’ by ICE standards.” As evidence, Nolan pointed to five individuals who were placed on immigration detainers.
Four of the five individuals were accused of committing a violent act, according to Nolan.
One, a citizen of Kosovo, was charged with aggravated assault while in possession of an unlawful weapon. Another, a citizen of Jamaica, was charged with simple assault/domestic violence, along with possession of an unlawful weapon.
A third individual, from Mexico, was facing charges of aggravated sexual assault of a minor. The fourth, also from Mexico, was arrested in Wildwood on charges of simple assault/domestic violence.
The fifth individual listed was also arrested in Wildwood, a citizen of Mexico, charged with marijuana possession and unlawful possession of a handgun.
Two of the individuals listed entered the nation legally but stayed beyond the date when they were mandated to exit the country. The three others entered “on an unknown date and location without inspection.”
Nolan listed 18 individuals who were incarcerated at the Cape May County Correctional Facility at various periods from April 2018 to July 2019, and who were flagged for immigration purposes. The 18 include the five individuals detailed above.
The charges against the 18 individuals vary from sexual assault, weapons possession and assault, to contempt of court, driving on a revoked license and hindering prosecution on the other. The detail is not present in the exhibit to determine the level of danger the individuals posed or if they had been convicted of the charges.
Three of the 18 individuals were listed as in custody. A check of the inmate list showed two of them at the correctional facility, with the third perhaps removed from custody since Aug. 16.
Nolan also provided the Law Enforcement System Analysis (LESA) statistics for ICE relating to Cape May County, which showed 28 “encounters” in 2018, followed by four removals. For 2019 to-date, the numbers were 17 encounters and three removals.
The numbers for 2018 show one of the 17 individuals encountered had been convicted of a crime, with charges pending on the others. In 2019, two had been convicted.
Nolan’s Changes to SOP
Nolan stated that he made changes to the Standard Operating Procedure (SOP) dealing with “processing foreign-born inmates.” He said he intends to “integrate” the 287(g) program functions with the AG’s Trust Directive, thereby achieving “the goal of strengthening trust between New Jersey law enforcement officers and the state’s diverse immigrant communities.”
Nolan stated that no detainee has been held past midnight since March 15, the effective date of the AG directive. Nolan was referring to state rules on pretrial detention periods.
Nolan also pointed to limits he has placed on the activities of his personnel. He said the Sheriff’s Office would not transport individuals or assist ICE with arrests.
According to Nolan, the SOP changes mean that assistance provided by Sheriff’s Office personnel, even those designated under the 287(g) program, is “strictly limited to the confines of the correctional facility.” There are, he stated, “no exceptions.”
Controversy Continues
Like Cape May County, Monmouth County Sheriff Shaun Golden renewed his 287(g) for 10 years prior to the effective date of the AG’s Trust Directive. Golden was also required to submit information to the AG’s Office.
He did so earlier in August. The information included ICE statistics that showed 333 immigrants encountered, with 39 removed from October 2018 through May 2019.
In another shore location, Ocean County Freeholders are threatening to sue the state over the limitations placed on county law enforcement’s potential cooperation with ICE by the AG Trust Directive.
At a July 17 meeting, Ocean County Counsel John Sahradnik said, “It is the County of Ocean which oversees the Department of Corrections and it is the Board of Chosen Freeholders of the County of Ocean which may properly determine how its resources may be used within that department.”
Sahradnik said that his “office is still gathering facts and investigating the county’s best options for filing suit in federal court challenging the Attorney General’s legal authority in this matter.”
For Cape May County, it is unclear if the AG will take any action concerning Sheriff Nolan’s submission before the promised September public forum.
To contact Vince Conti, email vconti@cmcherald.com.