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...
Dear Clementon Borough Records Custodian,
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 faithfully,
Rose Cuison-Villazor
I have not received this request, and the individual link to view the request provides no opra request to view.
Can you please advise what you are requesting?
Thank you in advance.
Jenai Johnson
Dear OPRA requests at Clementon Borough,
Here below is the original October 18, 2020 request that you have asked that I re-send. Thank you very much.
Yours sincerely,
Rose Cuison-Villazor
-------------------------------------------------------------------------------------------------------
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...
Dear Records Custodian,
This message 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”, sent on October 8, 2020. Here it is again below this email.
I kindly ask that you send the relevant records as soon as possible. Thank you.
Sincerely,
Rose Cuison-Villazor
------------------------------
Original OPRA Request
-----------------------------
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 8, 2020
Municipal Clerk
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 (See 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) and version 2 (issued on March 15, 2019)(Footnote 3), 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
FN 1: 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...
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Date: Fri, 19 Feb 2021 15:26:43 +0000
From: Rose Cuison-Villazor <[OPRA #17819 email]>
To: OPRA requests at Clementon Borough <[Clementon Borough request email]>
Message-ID: <[email address]>
Subject: Re: OPRA request - Open Public Records Act and Common Law Request
Regarding Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6
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X-MailHub-Apparently-To: [Clementon Borough request email]
Dear Records Custodian,=0D
This message is to confirm that I have not yet received your records resp=
onsive to my request =E2=80=9COpen Public Records Act and Common Law Requ=
est Regarding Implementation of the New Jersey Attorney General Immigrant=
Trust Directive 2018-6=E2=80=9D, sent on October 8, 2020. Here it is aga=
in below this email.=0D
I kindly ask that you send the relevant records as soon as possible. Than=
k you.=0D
Sincerely, =0D
Rose Cuison-Villazor=0D
------------------------------=0D
Original OPRA Request=0D
-----------------------------=0D
=0D
S.I. Newhouse Center for Law and Justice =0D
Rutgers, The State University of New Jersey =0D
123 Washington Street =0D
Newark, New Jersey 07102-3094 =0D
Phone: (973) 353-3159=0D
October 8, 2020=0D
Municipal Clerk =0D
RE: Open Public Records Act and Common Law Request Regarding Implementati=
on of the New Jersey Attorney General Immigrant Trust Directive 2018-6=0D=
Dear Records Custodian,=0D
Pursuant to the New Jersey Open Public Records Act (OPRA =E2=80=93 N.J.S.=
A.47:1A-1, et seq.) and common law right of access, we write seeking to o=
btain records related to how your Department (herein referred to as =E2=80=
=9Cthe Department=E2=80=9D) has implemented the New Jersey Attorney Gener=
al Gurbir Grewal=E2=80=99s 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, a=
nd records custodians within the Department that may supply any of the re=
cords sought through this request.=0D
A. Our Common Law Interest =0D
The Immigrant Trust Directive intends to curtail state and local particip=
ation in federal immigration enforcement, ensure effective policing, and =
foster relationships between law enforcement agencies and immigrant commu=
nities. 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.=0D
We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina. De=
an Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor=E2=80=99=
s Social Justice Scholar of the Rutgers Law School and Director of the Ce=
nter for Immigration Law, Policy, and Justice. She has written and publis=
hed extensively about non-cooperation policies or =E2=80=9Csanctuary=E2=80=
=9D policies, which have been published in the Columbia Law Review, Minne=
sota Law Review, Washington University Law Review, and UC Davis Law Revie=
w. Dean Cuison-Villazor is also Director of the Center for Immigration La=
w, Policy and Justice (CILPJ), which engages in interdisciplinary scholar=
ship, research, and advocacy focused on exploring more inclusive immigrat=
ion and citizenship laws. =0D
Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law, =
Policy, and Justice at Rutgers Law School, Researcher in the Department o=
f 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 =E2=80=9Csanctuar=
y=E2=80=9D laws at the local, county, and state levels. He is author of t=
he 2019 policy implementation report Turning the Golden State into a Sanc=
tuary State: A Report on the Impact and Implementation of the California =
Values Act (SB54).=0D
We greatly appreciate your assistance in providing us the following docum=
ents.=0D
B. Requested Records (See Footnote 1 below)=0D
I. Policies, Regulations, Memorandum, Guidance, and Forms=0D
1. All records of policies, regulations, memorandum, guidance, or forms t=
hat the Department has adopted related to the implementation of the New J=
ersey Attorney General Gurbir Grewal=E2=80=99s Immigrant Trust Directive =
2018-6 version 1 (issued on November 29, 2018) (Footnote 2) and version 2=
(issued on March 15, 2019)(Footnote 3), herein both versions referred to=
collectively as the =E2=80=9CDirective.=E2=80=9D =0D
Date Range: November 29, 2018 to the present. =0D
2. All records of policies, procedures, protocols, directives, general or=
ders that the Department has adopted regarding providing any form of assi=
stance to, undertaking joint operations with, or forming joint task force=
s with the Department of Homeland Security (=E2=80=9CDHS=E2=80=9D), U.S. =
Customs and Border Protection (=E2=80=9CCBP=E2=80=9D), or Immigration and=
Customs Enforcement (=E2=80=9CICE=E2=80=9D (including ICE Homeland Secur=
ity Investigations (=E2=80=9CHSI=E2=80=9D)). Examples of such policies ma=
y pertain to how the Department =0D
a. books or releases federal criminal or immigration detainees; transfers=
individuals into federal custody; =0D
b. provides DHS, CBP, ICE, and HSI access to department facilities, Depar=
tment computers, information technology networks, department databases; =0D=
c. provides immigration agencies use of Department offices, desk space, o=
r space where they can carry out their federal work; =0D
d. responds to federal requests for a notification of an inmate=E2=80=99s=
release date, time, and place, as well as any personally identifying inf=
ormation for the individual; =0D
e. detains individuals for the purpose of enforcing immigration law; =0D
f. acts upon DHS, CBP, ICE, and HSI administrative warrants; =0D
g. responds to federal immigration agency requests to interview people in=
Department custody and provides access to these individuals to carry out=
an interview; =0D
h. provides backup assistance including but not limited to traffic contro=
l and perimeter security in the event of an immigration enforcement actio=
n or emergency situation; =0D
i. provides booking rosters, intake rosters, or lists of detainees in Dep=
artment detention facilities; =0D
j. asks members of the public, witnesses, suspects, or those who have bee=
n arrested about immigration status information; =0D
k. patrols U.S. national borders; =0D
l. processes requests for T- and U-visa certifications; or =0D
m. submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement Supp=
ort Center (=E2=80=9CICE-LESC=E2=80=9D) and acts upon Immigrant Alien Res=
ponses (IARs) from the ICE-LESC as part of the State Criminal Alien Assis=
tance Program (SCAAP) =0D
Date Range: November 29, 2018 to the present. =0D
II. Agreements, Contracts, or Memorandum of Understanding=0D
3. All agreements, contracts, or Memorandum of Understanding, including a=
ny addendum or renewal document between DHS, ICE, ICE-HSI, or CBP and the=
Department. Date Range: November 29, 2018 to the present=0D
III. Training Records=0D
4. All records that the Department has used to train its members about th=
e Directive, including training materials, manuals, memorandums, and powe=
r point presentations. Date range: November 29, 2018 to the present=0D
5. Any training logs records that the Department has created to track the=
completion of training of its employees in the Directive or Directive-re=
lated Department policies. Date range: November 29, 2018 to the present=0D=
IV. Incident Reports=0D
6. All incident reports related to the Department providing any form of a=
ssistance to CBP or ICE, (including HSI) as described in request number 2=
, participation in joint task forces, a 287g program, or any other form o=
f joint operation with CBP, or ICE (including HSI). Date Range: November =
29, 2018 to the present=0D
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: Novembe=
r 29, 2018 to the present=0D
V. Quantitative Data Reports Regarding Department Assistance to ICE and C=
BP=0D
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 reques=
t for the Department to =0D
a. detain an individual =0D
b. transfer an individual to ICE or CBP custody =0D
c. notify ICE or CBP of the person=E2=80=99s release from Department cust=
ody =0D
d. provide backup assistance for an immigration enforcement action =0D
e. provide backup assistance for an emergency situation =0D
f. allow ICE or CBP to interview an individual in Department custody =0D
g. participate in a joint operation with ICE or CBP; or =0D
h. any other form of assistance to ICE or CBP =0D
Date Range: November 29, 2017 to the present=0D
9. All reports, emails, and memorandum that explain the reason, purpose, =
policy basis, or goal for which the Department accommodated ICE or CBP re=
quests for assistance outlined in request number 8. Date Range: November =
29, 2017 to the present=0D
10. All records (including electronically stored information in a databas=
e, written reports, statistics, memoranda or other data), arrest reports,=
CAD reports or similar records) that list =0D
a. the number of individuals arrested during joint operations with DHS, I=
CE, or CBP; =0D
b. the criminal charges brought against each individual that was arrested=
during joint operations with DHS, ICE, or CBP; or =0D
c. the number of individuals charged with civil immigration violations du=
ring joint operations with DHS, ICE, or CBP. =0D
Date Range: November 29, 2017 to the present=0D
11. All records (including electronically stored information in a databas=
e, written reports, statistics, memoranda or other data), that list the n=
umber of people that the Department released to the public and who were i=
mmediately arrested by ICE or CBP on Department property. Date Range: Nov=
ember 29, 2017 to the present=0D
VI. Detainee Movement Logs=0D
12. All records that include the =E2=80=9Cmovement history=E2=80=9D logs =
of individuals in Department custody for whom an I-247 detainer, notifica=
tion request, or transfer request was lodged. This may include records lo=
gging how individuals are moved through different Department divisions, w=
ings, areas, programs, or Department facilities (ie. Booking, housing). D=
ate Range: November 29, 2017 to the present=0D
VII. Communications Records=0D
13. All communications (herein, =E2=80=9Ccommunications=E2=80=9D refers t=
o emails, texts, faxes, letters, social media posts) about implementing t=
he Directive in the Department, how the Department interacts with or assi=
sts ICE and CBP, or making inmate release information available to the pu=
blic between Department Command Staff or Supervising Staff and the follow=
ing types of Department employees: =0D
a. Those who contribute to the development of department policy; =0D
b. Those who directly interact with the public; =0D
c. Those who directly interact with people in Department custody; and =0D=
d. Those who directly interact with federal immigration agencies =0D
Date Range: November, 29, 2018 to the present=0D
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 ind=
ividuals in the following external agencies: =0D
a. ICE; =0D
b. CBP; =0D
c. The U.S. Department of Justice; =0D
d. The White House; =0D
e. The New Jersey Department of Justice; =0D
f. The Sheriffs Association of New Jersey; or =0D
g. The New Jersey State Association of Chiefs of Police =0D
Date Range: November, 29, 2018 to the present =0D
We request that all responsive records be sent as electronic files via em=
ail to [email address]. If the Department cannot provide responsive docum=
ents to certain requests above, please indicate the number of the request=
and the reason for the denial.=0D
As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA reco=
rds requests within 7 days, I look forward to hearing from you within thi=
s time. =0D
Thank you in advance and we look forward to your response. =0D
Sincerely,=0D
Dean Rose Cuison-Villazor =0D
Vice Dean, Professor of Law and Chancellor=E2=80=99s Social Justice Schol=
ar =0D
Director, Center for Immigration Law, Policy and Justice =0D
Rutgers Law School =0D
123 Washington Street =0D
Newark, NJ 07102 =0D
Phone number: (973) 353-3159 =0D
Email: [email address]=0D
Dr. Peter Mancina =0D
Visiting Scholar =0D
Center for Immigration Law, Policy and Justice Rutgers Law School =0D
123 Washington Street =0D
Newark, NJ 07102 =0D
Phone number: (415)-226-8714 =0D
Email: [email address]=0D
Footnotes =0D
FN 1: The term =E2=80=9Crecords=E2=80=9D as used herein means records as =
broadly defined by N.J.S.A.47:1A-1.1 and includes, =E2=80=9Cany paper, wr=
itten or printed book, document, drawing, map, plan, photograph, microfil=
m, data processed or image processed document, information stored or main=
tained electronically or by sound-recording or in a similar device, or an=
y copy thereof, that has been made, maintained or kept on file in the cou=
rse of his or its official business by any officer, commission, agency or=
authority of the State or of any political subdivision thereof, includin=
g 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.=E2=80=9D =E2=
=80=9CRecords=E2=80=9D that we are interested in obtaining are those that=
not only are stored in government office locations, on government server=
s, or on government computers and devices but also in private locations a=
nd storage facilities, on private servers, on private computers and devic=
es, in private email accounts, and in public and private social media acc=
ounts.=0D
FN2: Version 1: https://web.archive.org/web/201905020003...
gov/oag/dcj/agguide/directives/ag-directive-2018-6.pdf=0D
FN3: Version 2: https://www.nj.gov/oag/dcj/agguide/direc...
e-2018-6_v2.pdf=0D
=0D
-----Original Message-----=0D
=0D
I have not received this request, and the individual link to view the req=
uest provides no opra request to view.=0D
Can you please advise what you are requesting?=0D
Thank you in advance.=0D
Jenai Johnson=0D
=0D
-------------------------------------------------------------------=0D
Please use this UNIQUE email address for all replies to this request and =
no other:=0D
[OPRA #17819 email]=0D
=0D
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the internet. Our privacy and copyright policies:=0D
https://opramachine.com/help/officers=0D
=0D
View this OPRA request & responses online:=0D
https://opramachine.com/request/open_pub... =0D
=0D
=0D
Please note that in some cases publication of requests and responses will=
be delayed.=0D
=0D
If you find this service useful as an OPRA custodian, please ask your web=
manager to link to us from your organisation's website.=0D
-------------------------------------------------------------------=0D
Dear Records Custodian,
This message 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”, sent on October 8, 2020. I kindly ask that you send the relevant records as soon as possible. Thank you.
Sincerely,
Rose Cuison-Villazor