New Jersey AG Says Newark Police Officer Violated Immigration Directive

Police Should Not Question the Immigration Status of Witnesses

November 26, 2007 -- Trenton, NJ – New Jersey Attorney General Anne Milgram said today that a Newark police officer improperly questioned witnesses to a crime scene about their immigration status in violation of a state law enforcement directive that specifically prohibits police from inquiring about the immigration status of any victim, witness or person requesting police assistance. Milgram recommended that the police officer be disciplined and recommended training on the immigration directive for all Newark police officers.

The Attorney General’s decision followed an investigation by the Division of Criminal Justice into a September incident in Newark in which a freelance photographer for a weekly newspaper discovered a dead body in the city’s Ironbound neighborhood and, along with the newspaper’s editor, reported the discovery to police.

In the course of the Newark police department’s crime scene investigation, Deputy Chief Samuel DeMaio inquired into the immigration status of Geraldo Carlos, the photographer, and Roberto Lima, the editor of the Brazilian Voice, according to the findings of the Division of Criminal Justice investigation.

“Our investigation found that DeMaio’s conduct violated the immigration directive,’’ Milgram said. “Complying with the directive is the responsibility of every law enforcement officer in the state and gives assurances to witnesses, victims and those needing police assistance that they may come forward without fear of questions directed to their immigration status. Public safety suffers if individuals believe they cannot come forward to report crime or cooperate with law enforcement.’’

The confidential investigative report by the Division of Criminal Justice was forwarded to Newark Police Director Garry McCarthy by Gregory A. Paw, the director of the Division of Criminal Justice. Paw asked that McCarthy, within one week, evaluate appropriate disciplinary action in accordance with the department’s code of conduct. He also asked that the Newark department begin a mandatory training program on the immigration directive.

The state plans to issue its own follow-up guidelines directing all police departments to implement training programs on the immigration directive.

Milgram issued the directive on August 22 to establish uniform guidelines for state, county and municipal police officers in their interaction with federal immigration authorities. The directive underscores the fact that enforcing immigration laws is chiefly a federal responsibility, but details instances in which state and local departments should inquire about immigration status.

The directive says that immigration status should be determined after a person is arrested for an indictable offense or for drunk driving. “The individual’s immigration status is relevant to his or her ties to the community, the likelihood that he or she will appear at future court proceedings to answer charges, and the interest of the federal government in considering immigration enforcement proceedings against an individual whom the state has arrested for the commission of a serious criminal offense,’’ the directive states.

Source: New Jersey Attorney General

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