Cherry Hill reaffirms commitment to N.J. directive that limits cooperation with federal immigration agencies
The 2018 Immigrant Trust Directive largely precludes local and state police departments from participating in federal immigration enforcement.
Officials in Cherry Hill on Monday reaffirmed their commitment to a New Jersey directive that severely limits if and how local law enforcement officers can assist with federal immigration enforcement efforts.
Cherry Hill Police Capt. Christopher Wernig said at Tuesday’s township council meeting that the Cherry Hill Police Department “is committed to following all guidance and directives issued by the New Jersey Office of the Attorney General,” including the Immigrant Trust Directive, a 2018 rule issued by the state that largely precludes local and state police officers from participating in federal immigration enforcement.
Under the Immigrant Trust Directive, a New Jersey police officer may not stop, question, arrest, search, or detain an individual simply because they think the person may be undocumented. Police officers also cannot ask about someone’s immigration status, except when that information is relevant to a criminal investigation.
New Jersey police officers cannot participate in U.S. Immigration and Customs Enforcement’s civil immigration enforcement operations and cannot provide ICE with access to state or local law enforcement resources.
The Immigrant Trust Directive also applies to correctional officers in New Jersey, who may not allow ICE to interview individuals detained on criminal charges unless the detainee has been advised of their right to a lawyer and has signed a written consent form. Law enforcement officers also cannot continue holding detained individuals arrested for a minor criminal offense past the time they would otherwise be released simply because ICE has requested an immigration detainer.
According to the New Jersey Attorney General’s Office, the 2018 rule sought to ensure “that all New Jersey residents, including immigrants, feel safe interacting with state and local police officers.”
Former New Jersey Attorney General Gurbir Grewal in 2019 updated the directive by ending the use of 287(g) agreements in New Jersey, a partnership between ICE and local law enforcement agencies that deputizes local police officers to carry out certain immigration enforcement tasks.
Under directives from President Donald Trump’s administration, immigration enforcement incidents have skyrocketed in New Jersey in recent months. New Jersey averaged 19 immigration detentions per day during former President Joe Biden’s administration. Last month, there were 358 detentions in the state, a more than 450% increase over the previous month.
The statement by Wernig came at the heels of a recent fugitive investigation by U.S. Marshals in Cherry Hill that culminated in the apprehension of Darlin Franco-Guzman, a 25-year-old Honduran national, in Trenton. Franco-Guzman is accused of breaking into a home and trying to sexually assault a 12-year-old girl in Maryland. The search for Franco-Guzman drew a large law enforcement presence to Wesley Avenue in Cherry Hill, raising concerns among township residents.
“Given the national political climate around immigration, I certainly understand concerns and anxiety around incidents involving federal law enforcement,” Cherry Hill Mayor David Fleisher said at Tuesday’s meeting.
During public comment, some residents thanked the police department for its commitment to the Immigrant Trust Directive, while others encouraged Cherry Hill to cooperate fully with ICE and any other federal law enforcement agency.