Open Public Records Act and Common Law Request Regarding Implementation of the New Jersey Attorney General Immigrant Trust Directive 2018-6
S.I. Newhouse Center for Law and Justice
Rutgers, The State University of New Jersey
123 Washington Street
Newark, New Jersey 07102-3094
Phone: (973) 353-3159
October 18, 2020
RE: Open Public Records Act and Common Law Request Regarding Implementation of the New Jersey Attorney General Immigrant Trust Directive 2018-6
Dear Records Custodian,
Pursuant to the New Jersey Open Public Records Act (OPRA – N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking to obtain records related to how your Department (herein referred to as “the Department”) has implemented the New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with federal immigration enforcement officials. We ask that you please direct this request to all appropriate offices, departments, and records custodians within the Department that may supply any of the records sought through this request.
A. Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local participation in federal immigration enforcement, ensure effective policing, and foster relationships between law enforcement agencies and immigrant communities. As part of a scholarly research project, we, the requestors, seek these documents in order to assess the degree to which the Department is committed to implementing the directive and is in compliance with public records request laws.
We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina. Dean Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor’s Social Justice Scholar of the Rutgers Law School and Director of the Center for Immigration Law, Policy, and Justice. She has written and published extensively about non-cooperation policies or “sanctuary” policies, which have been published in the Columbia Law Review, Minnesota Law Review, Washington University Law Review, and UC Davis Law Review. Dean Cuison-Villazor is also Director of the Center for Immigration Law, Policy and Justice (CILPJ), which engages in interdisciplinary scholarship, research, and advocacy focused on exploring more inclusive immigration and citizenship laws.
Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law, Policy, and Justice at Rutgers Law School, Researcher in the Department of Social Anthropology at Stockholm University, and Research Associate in the University of Oxford Centre for Criminology and Border Criminologies Program. Dr. Mancina has examined the historical development of sanctuary policy in the United States and police compliance with “sanctuary” laws at the local, county, and state levels. He is author of the 2019 policy implementation report Turning the Golden State into a Sanctuary State: A Report on the Impact and Implementation of the California Values Act (SB54).
We greatly appreciate your assistance in providing us the following documents.
B. Requested Records (Footnote 1 below)
I. Policies, Regulations, Memorandum, Guidance, and Forms
1. All records of policies, regulations, memorandum, guidance, or forms that the Department has adopted related to the implementation of the New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6 version 1 (issued on November 29, 2018)(Footnote 2 below) and version 2 (issued on March 15, 2019) (Footnote 3 below), herein both versions referred to collectively as the “Directive.”
Date Range: November 29, 2018 to the present.
2. All records of policies, procedures, protocols, directives, general orders that the Department has adopted regarding providing any form of assistance to, undertaking joint operations with, or forming joint task forces with the Department of Homeland Security (“DHS”), U.S. Customs and Border Protection (“CBP”), or Immigration and Customs Enforcement (“ICE” (including ICE Homeland Security Investigations (“HSI”)). Examples of such policies may pertain to how the Department
a. books or releases federal criminal or immigration detainees; transfers individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department facilities, Department computers, information technology networks, department databases;
c. provides immigration agencies use of Department offices, desk space, or space where they can carry out their federal work;
d. responds to federal requests for a notification of an inmate’s release date, time, and place, as well as any personally identifying information for the individual;
e. detains individuals for the purpose of enforcing immigration law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to interview people in Department custody and provides access to these individuals to carry out an interview;
h. provides backup assistance including but not limited to traffic control and perimeter security in the event of an immigration enforcement action or emergency situation;
i. provides booking rosters, intake rosters, or lists of detainees in Department detention facilities;
j. asks members of the public, witnesses, suspects, or those who have been arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs) from the ICE-LESC as part of the State Criminal Alien Assistance Program (SCAAP)
Date Range: November 29, 2018 to the present.
II. Agreements, Contracts, or Memorandum of Understanding
3. All agreements, contracts, or Memorandum of Understanding, including any addendum or renewal document between DHS, ICE, ICE-HSI, or CBP and the Department. Date Range: November 29, 2018 to the present
III. Training Records
4. All records that the Department has used to train its members about the Directive, including training materials, manuals, memorandums, and power point presentations. Date range: November 29, 2018 to the present
5. Any training logs records that the Department has created to track the completion of training of its employees in the Directive or Directive-related Department policies. Date range: November 29, 2018 to the present
IV. Incident Reports
6. All incident reports related to the Department providing any form of assistance to CBP or ICE, (including HSI) as described in request number 2, participation in joint task forces, a 287g program, or any other form of joint operation with CBP, or ICE (including HSI). Date Range: November 29, 2018 to the present
7. All incident reports related to incidents when CBP or ICE, (including HSI) arrested an individual on Department property immediately after they were released from Department custody to the public. Date Range: November 29, 2018 to the present
V. Quantitative Data Reports Regarding Department Assistance to ICE and CBP
8. All records (including electronically stored information in a database, written reports, statistics, memoranda or other data) that provide the number of instances when the Department accommodated an ICE or CBP request for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department custody
d. provide backup assistance for an immigration enforcement action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present
9. All reports, emails, and memorandum that explain the reason, purpose, policy basis, or goal for which the Department accommodated ICE or CBP requests for assistance outlined in request number 8. Date Range: November 29, 2017 to the present
10. All records (including electronically stored information in a database, written reports, statistics, memoranda or other data), arrest reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations with DHS, ICE, or CBP;
b. the criminal charges brought against each individual that was arrested during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present
11. All records (including electronically stored information in a database, written reports, statistics, memoranda or other data), that list the number of people that the Department released to the public and who were immediately arrested by ICE or CBP on Department property. Date Range: November 29, 2017 to the present
VI. Detainee Movement Logs
12. All records that include the “movement history” logs of individuals in Department custody for whom an I-247 detainer, notification request, or transfer request was lodged. This may include records logging how individuals are moved through different Department divisions, wings, areas, programs, or Department facilities (ie. Booking, housing). Date Range: November 29, 2017 to the present
VII. Communications Records
13. All communications (herein, “communications” refers to emails, texts, faxes, letters, social media posts) about implementing the Directive in the Department, how the Department interacts with or assists ICE and CBP, or making inmate release information available to the public between Department Command Staff or Supervising Staff and the following types of Department employees:
a. Those who contribute to the development of department policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department custody; and
d. Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present
14. All communications about implementing the Directive in the Department, how the Department interacts with ICE and CBP, or making inmate release information available to the public between Department Personnel and individuals in the following external agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present
We request that all responsive records be sent as electronic files via email to [email address]. If the Department cannot provide responsive documents to certain requests above, please indicate the number of the request and the reason for the denial.
As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA records requests within 7 days, I look forward to hearing from you within this time.
Thank you in advance and we look forward to your response.
Sincerely,
Dean Rose Cuison-Villazor
Vice Dean, Professor of Law and Chancellor’s Social Justice Scholar
Director, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [email address]
Dr. Peter Mancina
Visiting Scholar, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [email address]
Footnotes
FN1: The term “records” as used herein means records as broadly defined by N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.” “Records” that we are interested in obtaining are those that not only are stored in government office locations, on government servers, or on government computers and devices but also in private locations and storage facilities, on private servers, on private computers and devices, in private email accounts, and in public and private social media accounts.
FN2: Version 1: https://web.archive.org/web/201905020003...
FN3: Version 2: https://www.nj.gov/oag/dcj/agguide/direc...
Please be advised we will need more time to review this OPRA request. We
will give you further communication on it by Friday, November 6, 2020.
---------- Forwarded message ---------
From: Rose Cuison-Villazor
<[1][OPRA #17786 email]>
Date: Sun, Oct 18, 2020 at 7:59 PM
Subject: OPRA request - Open Public Records Act and Common Law
Request Regarding Implementation of the New Jersey Attorney General
Immigrant Trust Directive 2018-6
To: OPRA requests at Bradley Beach Borough
<[2][Bradley Beach Borough request email]>
S.I. Newhouse Center for Law and Justice
Rutgers, The State University of New Jersey
123 Washington Street
Newark, New Jersey 07102-3094
Phone: (973) 353-3159
October 18, 2020
RE: Open Public Records Act and Common Law Request Regarding
Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6
Dear Records Custodian,
Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write
seeking to obtain records related to how your Department (herein
referred to as “the Department”) has implemented the New Jersey
Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6
and how this agency works with federal immigration enforcement
officials. We ask that you please direct this request to all
appropriate offices, departments, and records custodians within the
Department that may supply any of the records sought through this
request.
A. Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local
participation in federal immigration enforcement, ensure effective
policing, and foster relationships between law enforcement agencies
and immigrant communities. As part of a scholarly research project,
we, the requestors, seek these documents in order to assess the
degree to which the Department is committed to implementing the
directive and is in compliance with public records request laws.
We the requesters are Dean Rose Cuison-Villazor and Dr. Peter
Mancina. Dean Cuison-Villazor is Vice Dean, Professor of Law, and
Chancellor’s Social Justice Scholar of the Rutgers Law School and
Director of the Center for Immigration Law, Policy, and Justice. She
has written and published extensively about non-cooperation policies
or “sanctuary” policies, which have been published in the Columbia
Law Review, Minnesota Law Review, Washington University Law Review,
and UC Davis Law Review. Dean Cuison-Villazor is also Director of
the Center for Immigration Law, Policy and Justice (CILPJ), which
engages in interdisciplinary scholarship, research, and advocacy
focused on exploring more inclusive immigration and citizenship
laws.
Dr. Peter Mancina is Visiting Scholar in the Center for Immigration
Law, Policy, and Justice at Rutgers Law School, Researcher in the
Department of Social Anthropology at Stockholm University, and
Research Associate in the University of Oxford Centre for
Criminology and Border Criminologies Program. Dr. Mancina has
examined the historical development of sanctuary policy in the
United States and police compliance with “sanctuary” laws at the
local, county, and state levels. He is author of the 2019 policy
implementation report Turning the Golden State into a Sanctuary
State: A Report on the Impact and Implementation of the California
Values Act (SB54).
We greatly appreciate your assistance in providing us the following
documents.
B. Requested Records (Footnote 1 below)
I. Policies, Regulations, Memorandum, Guidance, and Forms
1. All records of policies, regulations, memorandum, guidance,
or forms that the Department has adopted related to the
implementation of the New Jersey Attorney General Gurbir Grewal’s
Immigrant Trust Directive 2018-6 version 1 (issued on November 29,
2018)(Footnote 2 below) and version 2 (issued on March 15, 2019)
(Footnote 3 below), herein both versions referred to collectively as
the “Directive.”
Date Range: November 29, 2018 to the present.
2. All records of policies, procedures, protocols, directives,
general orders that the Department has adopted regarding providing
any form of assistance to, undertaking joint operations with, or
forming joint task forces with the Department of Homeland Security
(“DHS”), U.S. Customs and Border Protection (“CBP”), or Immigration
and Customs Enforcement (“ICE” (including ICE Homeland Security
Investigations (“HSI”)). Examples of such policies may pertain to
how the Department
a. books or releases federal criminal or immigration detainees;
transfers individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department
facilities, Department computers, information technology networks,
department databases;
c. provides immigration agencies use of Department offices,
desk space, or space where they can carry out their federal work;
d. responds to federal requests for a notification of an
inmate’s release date, time, and place, as well as any personally
identifying information for the individual;
e. detains individuals for the purpose of enforcing immigration
law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to interview
people in Department custody and provides access to these
individuals to carry out an interview;
h. provides backup assistance including but not limited to
traffic control and perimeter security in the event of an
immigration enforcement action or emergency situation;
i. provides booking rosters, intake rosters, or lists of
detainees in Department detention facilities;
j. asks members of the public, witnesses, suspects, or those
who have been arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law
Enforcement Support Center (“ICE-LESC”) and acts upon Immigrant
Alien Responses (IARs) from the ICE-LESC as part of the State
Criminal Alien Assistance Program (SCAAP)
Date Range: November 29, 2018 to the present.
II. Agreements, Contracts, or Memorandum of Understanding
3. All agreements, contracts, or Memorandum of Understanding,
including any addendum or renewal document between DHS, ICE,
ICE-HSI, or CBP and the Department. Date Range: November 29, 2018 to
the present
III. Training Records
4. All records that the Department has used to train its
members about the Directive, including training materials, manuals,
memorandums, and power point presentations. Date range: November 29,
2018 to the present
5. Any training logs records that the Department has created to
track the completion of training of its employees in the Directive
or Directive-related Department policies. Date range: November 29,
2018 to the present
IV. Incident Reports
6. All incident reports related to the Department providing any
form of assistance to CBP or ICE, (including HSI) as described in
request number 2, participation in joint task forces, a 287g
program, or any other form of joint operation with CBP, or ICE
(including HSI). Date Range: November 29, 2018 to the present
7. All incident reports related to incidents when CBP or ICE,
(including HSI) arrested an individual on Department property
immediately after they were released from Department custody to the
public. Date Range: November 29, 2018 to the present
V. Quantitative Data Reports Regarding Department Assistance to
ICE and CBP
8. All records (including electronically stored information in
a database, written reports, statistics, memoranda or other data)
that provide the number of instances when the Department
accommodated an ICE or CBP request for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department
custody
d. provide backup assistance for an immigration enforcement
action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department
custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present
9. All reports, emails, and memorandum that explain the reason,
purpose, policy basis, or goal for which the Department accommodated
ICE or CBP requests for assistance outlined in request number 8.
Date Range: November 29, 2017 to the present
10. All records (including electronically stored information in
a database, written reports, statistics, memoranda or other data),
arrest reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations
with DHS, ICE, or CBP;
b. the criminal charges brought against each individual that
was arrested during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration
violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present
11. All records (including electronically stored information in
a database, written reports, statistics, memoranda or other data),
that list the number of people that the Department released to the
public and who were immediately arrested by ICE or CBP on Department
property. Date Range: November 29, 2017 to the present
VI. Detainee Movement Logs
12. All records that include the “movement history” logs of
individuals in Department custody for whom an I-247 detainer,
notification request, or transfer request was lodged. This may
include records logging how individuals are moved through different
Department divisions, wings, areas, programs, or Department
facilities (ie. Booking, housing). Date Range: November 29, 2017 to
the present
VII. Communications Records
13. All communications (herein, “communications” refers to
emails, texts, faxes, letters, social media posts) about
implementing the Directive in the Department, how the Department
interacts with or assists ICE and CBP, or making inmate release
information available to the public between Department Command Staff
or Supervising Staff and the following types of Department
employees:
a. Those who contribute to the development of department
policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department
custody; and
d. Those who directly interact with federal immigration
agencies
Date Range: November, 29, 2018 to the present
14. All communications about implementing the Directive in the
Department, how the Department interacts with ICE and CBP, or making
inmate release information available to the public between
Department Personnel and individuals in the following external
agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present
We request that all responsive records be sent as electronic files
via email to [3][email address]. If the Department
cannot provide responsive documents to certain requests above,
please indicate the number of the request and the reason for the
denial.
As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA
records requests within 7 days, I look forward to hearing from you
within this time.
Thank you in advance and we look forward to your response.
Sincerely,
Dean Rose Cuison-Villazor
Vice Dean, Professor of Law and Chancellor’s Social Justice Scholar
Director, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [4][email address]
Dr. Peter Mancina
Visiting Scholar, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [5][email address]
Footnotes
FN1: The term “records” as used herein means records as broadly
defined by N.J.S.A.47:1A-1.1 and includes, “any paper, written or
printed book, document, drawing, map, plan, photograph, microfilm,
data processed or image processed document, information stored or
maintained electronically or by sound-recording or in a similar
device, or any copy thereof, that has been made, maintained or kept
on file in the course of his or its official business by any
officer, commission, agency or authority of the State or of any
political subdivision thereof, including subordinate boards thereof,
or that has been received in the course of his or its official
business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including
subordinate boards thereof. The terms shall not include inter-agency
or intra-agency advisory, consultative, or deliberative material.”
“Records” that we are interested in obtaining are those that not
only are stored in government office locations, on government
servers, or on government computers and devices but also in private
locations and storage facilities, on private servers, on private
computers and devices, in private email accounts, and in public and
private social media accounts.
FN2: Version 1:
[6]https://web.archive.org/web/201905020003...
FN3: Version 2:
[7]https://www.nj.gov/oag/dcj/agguide/direc...
-------------------------------------------------------------------
Please use deliver records electronically via email to the below
UNIQUE address for all replies to this request:
[8][OPRA #17786 email]
Is [9][Bradley Beach Borough request email] the wrong address for OPRA requests
to Bradley Beach Borough? If so, please contact us using this form:
[10]https://opramachine.com/change_request/n...
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
[11]https://opramachine.com/help/officers
View this OPRA request & responses online:
[12]https://opramachine.com/request/open_pub...
Please note that in some cases publication of requests and responses
will be delayed.
If you find this service useful as an OPRA custodian, please ask
your web manager to link to us from your organisation's website.
-------------------------------------------------------------------
--
Detective Lieutenant Terry Browning
Bradley Beach Police Department
701 Main Street, Bradley Beach, NJ 07720
732-775-6900 office
732-774-3108 fax
References
Visible links
1. mailto:[email address]
2. mailto:[Bradley Beach Borough request email]
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]
6. https://web.archive.org/web/201905020003...
7. https://www.nj.gov/oag/dcj/agguide/direc...
8. mailto:[email address]
9. mailto:[Bradley Beach Borough request email]
10. https://opramachine.com/change_request/n...
11. https://opramachine.com/help/officers
12. https://opramachine.com/request/open_pub...
As a follow up, we have received direction from council on how to proceed
with this. We will begin processing the request and anticipate our next
response to be November 20, 2020, at which point we'll provide the
documentation requested and/or seek clarification on anything we might
need to as we fulfil this. Thank you in advance for your time and
understanding, if you have any questions or concerns please let us know.
On Fri, Oct 23, 2020 at 12:28 PM Browning, Terry
<[1][email address]> wrote:
Please be advised we will need more time to review this OPRA request.
We will give you further communication on it by Friday, November 6,
2020.
---------- Forwarded message ---------
From: Rose Cuison-Villazor
<[2][OPRA #17786 email]>
Date: Sun, Oct 18, 2020 at 7:59 PM
Subject: OPRA request - Open Public Records Act and Common Law
Request Regarding Implementation of the New Jersey Attorney
General Immigrant Trust Directive 2018-6
To: OPRA requests at Bradley Beach Borough
<[3][Bradley Beach Borough request email]>
S.I. Newhouse Center for Law and Justice
Rutgers, The State University of New Jersey
123 Washington Street
Newark, New Jersey 07102-3094
Phone: (973) 353-3159
October 18, 2020
RE: Open Public Records Act and Common Law Request Regarding
Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6
Dear Records Custodian,
Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write
seeking to obtain records related to how your Department (herein
referred to as “the Department”) has implemented the New Jersey
Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6
and how this agency works with federal immigration enforcement
officials. We ask that you please direct this request to all
appropriate offices, departments, and records custodians within
the Department that may supply any of the records sought through
this request.
A. Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local
participation in federal immigration enforcement, ensure effective
policing, and foster relationships between law enforcement
agencies and immigrant communities. As part of a scholarly
research project, we, the requestors, seek these documents in
order to assess the degree to which the Department is committed to
implementing the directive and is in compliance with public
records request laws.
We the requesters are Dean Rose Cuison-Villazor and Dr. Peter
Mancina. Dean Cuison-Villazor is Vice Dean, Professor of Law, and
Chancellor’s Social Justice Scholar of the Rutgers Law School and
Director of the Center for Immigration Law, Policy, and Justice.
She has written and published extensively about non-cooperation
policies or “sanctuary” policies, which have been published in the
Columbia Law Review, Minnesota Law Review, Washington University
Law Review, and UC Davis Law Review. Dean Cuison-Villazor is also
Director of the Center for Immigration Law, Policy and Justice
(CILPJ), which engages in interdisciplinary scholarship, research,
and advocacy focused on exploring more inclusive immigration and
citizenship laws.
Dr. Peter Mancina is Visiting Scholar in the Center for
Immigration Law, Policy, and Justice at Rutgers Law School,
Researcher in the Department of Social Anthropology at Stockholm
University, and Research Associate in the University of Oxford
Centre for Criminology and Border Criminologies Program. Dr.
Mancina has examined the historical development of sanctuary
policy in the United States and police compliance with “sanctuary”
laws at the local, county, and state levels. He is author of the
2019 policy implementation report Turning the Golden State into a
Sanctuary State: A Report on the Impact and Implementation of the
California Values Act (SB54).
We greatly appreciate your assistance in providing us the
following documents.
B. Requested Records (Footnote 1 below)
I. Policies, Regulations, Memorandum, Guidance, and Forms
1. All records of policies, regulations, memorandum,
guidance, or forms that the Department has adopted related to the
implementation of the New Jersey Attorney General Gurbir Grewal’s
Immigrant Trust Directive 2018-6 version 1 (issued on November 29,
2018)(Footnote 2 below) and version 2 (issued on March 15, 2019)
(Footnote 3 below), herein both versions referred to collectively
as the “Directive.”
Date Range: November 29, 2018 to the present.
2. All records of policies, procedures, protocols,
directives, general orders that the Department has adopted
regarding providing any form of assistance to, undertaking joint
operations with, or forming joint task forces with the Department
of Homeland Security (“DHS”), U.S. Customs and Border Protection
(“CBP”), or Immigration and Customs Enforcement (“ICE” (including
ICE Homeland Security Investigations (“HSI”)). Examples of such
policies may pertain to how the Department
a. books or releases federal criminal or immigration
detainees; transfers individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department
facilities, Department computers, information technology networks,
department databases;
c. provides immigration agencies use of Department offices,
desk space, or space where they can carry out their federal work;
d. responds to federal requests for a notification of an
inmate’s release date, time, and place, as well as any personally
identifying information for the individual;
e. detains individuals for the purpose of enforcing
immigration law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to
interview people in Department custody and provides access to
these individuals to carry out an interview;
h. provides backup assistance including but not limited to
traffic control and perimeter security in the event of an
immigration enforcement action or emergency situation;
i. provides booking rosters, intake rosters, or lists of
detainees in Department detention facilities;
j. asks members of the public, witnesses, suspects, or those
who have been arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law
Enforcement Support Center (“ICE-LESC”) and acts upon Immigrant
Alien Responses (IARs) from the ICE-LESC as part of the State
Criminal Alien Assistance Program (SCAAP)
Date Range: November 29, 2018 to the present.
II. Agreements, Contracts, or Memorandum of Understanding
3. All agreements, contracts, or Memorandum of Understanding,
including any addendum or renewal document between DHS, ICE,
ICE-HSI, or CBP and the Department. Date Range: November 29, 2018
to the present
III. Training Records
4. All records that the Department has used to train its
members about the Directive, including training materials,
manuals, memorandums, and power point presentations. Date range:
November 29, 2018 to the present
5. Any training logs records that the Department has created
to track the completion of training of its employees in the
Directive or Directive-related Department policies. Date range:
November 29, 2018 to the present
IV. Incident Reports
6. All incident reports related to the Department providing
any form of assistance to CBP or ICE, (including HSI) as described
in request number 2, participation in joint task forces, a 287g
program, or any other form of joint operation with CBP, or ICE
(including HSI). Date Range: November 29, 2018 to the present
7. All incident reports related to incidents when CBP or
ICE, (including HSI) arrested an individual on Department property
immediately after they were released from Department custody to
the public. Date Range: November 29, 2018 to the present
V. Quantitative Data Reports Regarding Department Assistance
to ICE and CBP
8. All records (including electronically stored information
in a database, written reports, statistics, memoranda or other
data) that provide the number of instances when the Department
accommodated an ICE or CBP request for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department
custody
d. provide backup assistance for an immigration enforcement
action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department
custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present
9. All reports, emails, and memorandum that explain the
reason, purpose, policy basis, or goal for which the Department
accommodated ICE or CBP requests for assistance outlined in
request number 8. Date Range: November 29, 2017 to the present
10. All records (including electronically stored information
in a database, written reports, statistics, memoranda or other
data), arrest reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations
with DHS, ICE, or CBP;
b. the criminal charges brought against each individual that
was arrested during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration
violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present
11. All records (including electronically stored information
in a database, written reports, statistics, memoranda or other
data), that list the number of people that the Department released
to the public and who were immediately arrested by ICE or CBP on
Department property. Date Range: November 29, 2017 to the present
VI. Detainee Movement Logs
12. All records that include the “movement history” logs of
individuals in Department custody for whom an I-247 detainer,
notification request, or transfer request was lodged. This may
include records logging how individuals are moved through
different Department divisions, wings, areas, programs, or
Department facilities (ie. Booking, housing). Date Range: November
29, 2017 to the present
VII. Communications Records
13. All communications (herein, “communications” refers to
emails, texts, faxes, letters, social media posts) about
implementing the Directive in the Department, how the Department
interacts with or assists ICE and CBP, or making inmate release
information available to the public between Department Command
Staff or Supervising Staff and the following types of Department
employees:
a. Those who contribute to the development of department
policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department
custody; and
d. Those who directly interact with federal immigration
agencies
Date Range: November, 29, 2018 to the present
14. All communications about implementing the Directive in the
Department, how the Department interacts with ICE and CBP, or
making inmate release information available to the public between
Department Personnel and individuals in the following external
agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present
We request that all responsive records be sent as electronic files
via email to [4][email address]. If the Department
cannot provide responsive documents to certain requests above,
please indicate the number of the request and the reason for the
denial.
As N.J.S.A. 47:1A-5(i) provides that public agencies respond to
OPRA records requests within 7 days, I look forward to hearing
from you within this time.
Thank you in advance and we look forward to your response.
Sincerely,
Dean Rose Cuison-Villazor
Vice Dean, Professor of Law and Chancellor’s Social Justice
Scholar
Director, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [5][email address]
Dr. Peter Mancina
Visiting Scholar, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [6][email address]
Footnotes
FN1: The term “records” as used herein means records as broadly
defined by N.J.S.A.47:1A-1.1 and includes, “any paper, written or
printed book, document, drawing, map, plan, photograph, microfilm,
data processed or image processed document, information stored or
maintained electronically or by sound-recording or in a similar
device, or any copy thereof, that has been made, maintained or
kept on file in the course of his or its official business by any
officer, commission, agency or authority of the State or of any
political subdivision thereof, including subordinate boards
thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or
authority of the State or of any political subdivision thereof,
including subordinate boards thereof. The terms shall not include
inter-agency or intra-agency advisory, consultative, or
deliberative material.” “Records” that we are interested in
obtaining are those that not only are stored in government office
locations, on government servers, or on government computers and
devices but also in private locations and storage facilities, on
private servers, on private computers and devices, in private
email accounts, and in public and private social media accounts.
FN2: Version 1:
[7]https://web.archive.org/web/201905020003...
FN3: Version 2:
[8]https://www.nj.gov/oag/dcj/agguide/direc...
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Detective Lieutenant Terry Browning
Bradley Beach Police Department
701 Main Street, Bradley Beach, NJ 07720
732-775-6900 office
732-774-3108 fax
--
Detective Lieutenant Terry Browning
Bradley Beach Police Department
701 Main Street, Bradley Beach, NJ 07720
732-775-6900 office
732-774-3108 fax
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Dear Browning, Terry,
This email is to confirm that I have not yet received your records responsive to my request “Open Public Records Act and Common Law Request Regarding Implementation of the New Jersey Attorney General Immigrant Trust Directive 2018-6” and I ask that you please send them as soon as possible. Thank you.
Yours sincerely,
Rose Cuison-Villazor